them from an opinion of their being right; and there is, moreover,
reafon to think that they will abftain from falfehood, becaufe if is
prohibited in every religion. Hence the cafe is the fame as if a perfon
fhould eat of an animal which had not been {lain according to the
prefcribed form of Zabbah, becaufe of its being lawful amongft his feet.
It is othervvife where the bafenefs proceeds from the actions, not from
the belief.— With refpedt to the feet of Khetabia, it is to be obferved
that they are in a high degree heretics ; and amongft them it is lawful
to bear pofitive teftimony to a circumftance on thé grounds of another
having fworn it to them. Some have faid that it is an incumbent duty
upon that fe£t to give evidence in favour of each other, whence
their teftimony is not free from fufpicion.
f ïV " ffijaï T he teftimony of Zimmees with refpeft to each other is admif-
C""™Seadl 1’Ue’ notwithftanding they be of different religions.— Malik, and
Shafei have faid that their evidence is abfolutely inadmiflible, becaufe,
as infidels are unjuft * , it is requifite to be flow in believing any thing
they may advance, G o d having laid (in the K o r a n ) “ W h e n a n
“ UNJUST PERSON TELLS YOU ANY THING, BE SLOW IN BELIEVING
“ him;”— whence it is that the evidence of an infidel is not admitted
concerning a Mujfulman; and confequently, that an infidel ftands (in
this particular) in the fame predicament with an apoftate.— The arguments
of our doctors upon this point are twofold.— First, it is related
of the prophet, that he permitted and held la wful the teftimony
o f fome Chrifians concerning others o f their fe£t.— S e c o n d l y , an
infidel having power over himfelf, and his minor children, is on that
account qualified to be a witnefs with regard to his own feet; and the
depravity which proceeds from his faith is not deftruftive of this qualification,
becaufe he is fuppofed to abftain from every thing prohibited
in his .own religion, and falfehood is prohibited in every religion.
Tt is other wife with refpedt to an apoftate, as he pofte ffes no power,
. * Arab. T a jik j meaning, in this place, degenerate o s detraeuid.
either
either over his own perfon, or over that of another; and it is alfo
Otherwife with refpedt to a Zitnmee in relation to a Mujfulman, becaufe
a Zimmee has no power over the perfon of a Mujfulman.— Befides, a
Zimmee may be fufpedted of inventing falfehoods againft a Mujfulman,
from the hatred he bear? to him on account of the fuperiority of the
Mujfulmans over him.
O b j e c t io n .— In the fame manner as there fubfifts an enmity
between Mujfulmans and Zimmees, fo alfo is there an enmity between
the followers of other religions,, fuch as the Jews, the C hrif ians, and
the Magians: it would follow, therefore, that amongft thefe the
teftimony of thofe of one religion cannot be admitted with relation
to others of a different religion ;— whereas it hath been declared ad-
miffible.
R e p l y .— Although the religions of thefe be different, yet none of
them being under fubjedtion to another, fo as to engender reciprocal
hatred, there is no caufe to fufpedt that they will invent falfehoods
againft each other.
T h e teftimony of an infidel Moofldmin with relation to a Zimmee is
not admiflible, becaufe he has no power over the perfon of a Zimmee,
as the latter is a fixed refident in the Mujfulman territory. The evidence
of a Zimmee, however, is admiflible with refpect to an infidel
Moofldmin, in the fame manner as the evidence of Mujfulmans with relation
to them is valid.
T h e teftimony of one Moofldmin is admiflible with refpect to another
Moofldmin, provided he be of the fame country. If, however,
they be of different countries (fuch as a native of R u ff a and of ‘Turkey)
their teftimonies with refpedt to each other are not admiflible; becaufe
this difference precludes the operation of their power over each other;
whence it is that they cannot' inherit of each other.
A Moofldmin
cannot teftify
concerning a
Zim m e e;
but a Zimmee
may teftify
concerning a
Moofldmin;
and Moofla-
mins may teftify
concerning
each
other, being
o f the fam e -
country%
4 T 2 T h e