©r things
which quick
ly decay,
’brought within the houfe, uplefe far the purpofe of making repairs,
.and not with a view to cujiody ; and fowls run about at pleafure, and
game fly away; and in the fame manner, things which are naturally
lawful (fuch as the articles before-mentioned) are held, in their original
ftate, to be common property, and this general participation occasions a
doubt, which operates to the prevention of punifhment. Let it be-
alfo obferved that felt driedffh, are here confldered in the feme predicament
as frefh: and in the feme manner, tame fowls, an,d geefe,
and pigeons are included among the fowls before-mentioned, as the
precept of the prophet, to wit “ There is no amputation fo r fowls, ” is
general, and extends to all the feathered fpecies. It is recorded from
.Aboo Toofaf that amputation is incurred by the theft of any article
whatever, except water, flowers, and Soar keen * ; (and fuch alfo is the
opinion of Shafei,')— but the tradition of Ayeejha, as before recited,
is in proof againft them.
A m p u t a t i o n is not incurred by the theft of fuch things as
quickly fpoil and decay, fuch as milk, flejh~meat, or fr u it ; becaufe of
the faying of the prophet, “ The handjhall not be cut offforfteal-
“ ing d a t e s , P A L ^ - F R U iT S - j - , or v i c t u a l s . ” By the word
victuals, mentioned in this tradition, is meant fuch things as foon
fpoil, fuch as victuals cooked or ready for eating, and whatever elfe
is of the. fame defcription, fuch as flejh and fruits; but not grain',
becaufe, if a perfon were to Heal wheat, (for inltance) or fugar, all
the doftors agree that his hand fhould be ftruck off. Shafei mentions
that the hand is to be ftruck off for the theft of all the articles
aforefaid, becaufe of the faying of the prophet “ The handJhall not be
* Cow dung dried for fining.
+ Arab. Koofa, I t is not, properly (peaking, a fruity but a fpecies o f kernel, weighing
fix or eight ounces, and refembling, in tafte, the kernel o f the hazel nut. It grows at the
top o f the palm-tree, and is a fort o f crown to the pith, each tree bearing only o n e : it is
.commonly called the cabbage of the palm-tree.
J “ ftruck
“ ftruck off fo r ftealing dates, or palm-pruits,—but where thofe
“ are kept in a. barn*., amputation is incurred by the theft o f them.”
Our doctors, on the other hand, contend that this faying implies, no
more than that the hand of a thief {hall be {truck off for {tealine dried
dates, according to what is the general ufege, (for the general ufege
is to keep dried dates in barns,) and for ftealing dried dates the hand of
a thief is {truck off according to our doctors alfo.
Amputation is not incurred by ftealing fruit whillt upon the
tree, or grain which has not been reaped,—thefe not being con-
lidered as in cuftody
T he hand of a thief is not {truck off for ftealing any fermented
liquor, becaufe he may explain his intention in taking it, by laying,
“ I took it with a view to fpill i t a n d alfo, becaufe fome fermented
liquors are not lawful property, fuch as wine for inltance,—and concerning
others there is a doubt, as to their being property.
T he hand is not to be cut off for ftealing a guittar or tabor, thele
being of ufe merely as idle amufements.
Amputation is not incurred by ftealing a Koran although it be
ornamented •j'. This, is thc Zdhir Rawayet. Shafei fays that by ftealing
aKoran amputation is incurred, becaufe Korans are capable of valuation,
and therefore a faleable article. There are two opinions recorded
from Aboo Toofff upon this point: according to one he coincides with
Shafei \ but, according to another, he maintains that the hand is to
be ftruck off for ftealing a Koran, where the value of the ornaments
amounts to ten dirms, becaufe thofe ornaments are not a conftituent
* Arab. Jooreen, a fort o f drying-mom. f W ith gold or f iv e r clafp r, jewels, Sec. ■
or fruit upon
the tree, or
grain upon
the italk.
or muiical in-
ftruments,
o ra K o r an .,
VOL, II. N part