unlefs this be
owing to an
unavoidable
delay in
bringing the
accufed to the
feat o f juftice.
the exiftence or «bs-exiftence of a fmell is of no weight, as there are
other things the flavour of which refembles that of wine. Accordin'*
to the two Elders, on the contrary, T’akddim is eftablifhed by the
nonexiftence or departure of the fmell, for two reafons ;— -f i r s t , a
decree of Abdoola Ibn Maffaod, who, when certain perfons brought
before him a man charged with drinking wine, diredted that “ they
“ fhould examine his breath, and that, if any flavour of wine were dif-
“ covered, punifhment fhould then beinflidted upon h i m s e c o n d l y ,
the exiftence of the effedt, (namely the fmell,) is an irrefragable proof
of wine having been lately drank. And as to what Mohammed advances,
that “ there are other things the flavour of which refembles.
fj that of wine,” it may be replied that the difference between the
fmell of wine, and other articles, may be eafily diftinguifhed by one
who is poffefled of judgment and difcernment, nor can any but i<*no-
rant perfons be doubtful concerning it. Thus, according to Mohammed,
c o n f e s s io n o f wine-drinking is not rendered ineffectual by diflance
of time, in the fame manner as (according to him) confeflion of
whoredom is not rendered ineffectual by diflance of time, agreeably to
what was before advanced :— with the two Elders, on the contrary,_
punifhment for wine-drinking is not to be inflicted but on the condition
that the fmell ftill remain, becaufe Ibn Maffaod ftipulated that
condition, as before ftated.
I f witnefles feize a drinker of wine * at a time when he is intoxicated,
or whilft he ftill retains the fmell of the liquor, and carry
him to a city where there is a Kdzee, and in the mean time the flavour
or the intoxication fhould ceafe, before they arrive at the feat of
juftice, yet in this cafe punifhment for wine-drinking is to be kiflidted
upon that perfon, according to all our do&ors, becaufe there is an
excufe for the delay, analogous to that which is created by diflance
* T h is cafe fuppofes his being feized in fome remote place, at a diftance from the feat
o f juftice.
of place in a charge of wfioredom; and the witnefles are not fufpecfted
where, fuch excufe exifts.
If a perfon be intoxicated by drinking Nabeez * , punifhment is incurred
by him, becaufe it is related of Omar that he decreed punifhment
for wine-drinking upon a wild Arab, who was intoxicated by
drinking that liquor.— (The punifhment for drunkennefs, and the
degree of fcourging in the punifhment for wine-drinking, fhall be
hereafter explained.)
If the fmell of wine be difcovered upon a perfon, or he fhould
vomit wine, yet if witnefles have not actually feen him drinking it,
punifhment is not incurred, becaufe the fmell alone leads but to a
very uncertain Conclufion, as this appearance may proceed either
from the perfon having drank wine, or from his having fat among
wine-drinkers, from whom he may have contracted the fmell;_
and it is alfo poflible that wine may have been adminiftered to him by
force, or menaces, in which cafe no punifhment is incurred.
Punishment for wine-drinking is not incurred by intoxication
alone, unlefs it be known that the perfon has been intoxicated by the
voluntary drinking of wine, or of Nabeez, becaufe men are feme-
times inebriated by the ufe of articles- which are permitted, fuch as
the juice of Henbane, or mare's milk ; and men may alfo be fometimes
compelled to drink wine, which is not a punifhable offence, when
thus committed by compulfion.
Punishment is not to be inflicted upon a wine-drinker, whilft
he is intoxicated, nor until his intoxication fhall have ceafed, in order
that the end thereof (namely determent) may be obtained.
* A fermented liquor made b y fteeping dates, raifms, & c . in hot water. It is de-
fcribed particularly in another place.
Puniihment is
incurred by
drinking
Nabbeez,
The fmell
alone does not
fuffice for
con vision,
without evidence
:
nor intoxication,
unlefs it
be known to
proceed from
*wine.
Puniihment
not to be in-
fl idled during
intoxication.