©r the door o f
z morfque,
or a crucifix
ex chefs- hoard.
part o f the K o r a n , and' are therefore to be considered fgparately. The.
reafons for the decifion in the Zdhir Raipdyet are twofold : f i r s t , the
perfon who takes the K o r a n may plead that his intention was.rnerely
to lQok into and read it : s e c o n d l y , a K o r a n is not property, with,
relpedt to what is written in it ; and the cujlody and care of it is only on
account of what is written in it, and not for the fake of the binding,.
the ornaments, or the paper, thefe being merely appendages, and, as
fuch, not to He regarded :— in the fame manner as i f a perfon were to
Ileal a Ikirt containing wine, the value of the Ikin amounting to ten.
dirms ; in which cafe the hand of the thief would not be Ilruck off»
and fo in this inftance likewife.
T h e r e is no amputation for Healing the door o f a rrpfque, as this
is not an objedt o f cujlody, and is therefore the lame as the door of a
houfe nay, it is Hill lefs the objeft of cuftody than a houfe-door, fince
that fervesTor the prefervation of the effedts within the houfe;
whereas the door of a mofque does not anfwer this purpofe; whence it
is that amputation-is not incurred by Healing fuch effedts as are kept
within a mofquc.
A m p u t a t i o n is not incurred by Healing a crucifix, although it
he of gold,— nor by Healing a chefs-board or chefs pieces of gold, as it is
in the thiePs power to excufe himfelf, by faying “ I took them with a
“ view to break and dejiroy them, as things prohibited.” It is otherwife
with refpedt to coin bearing the impreffion- of an idol, by the theft of which
amputation is incurred; becaufe the money is not the objedt of worlhip,
fo as to allow of its deffrudtion, and thus leave it in the thief’s power
to excufe himfelf. It is recorded, as an opinion of diboo Yoofqf, thatr
if a crucifix be flolen out of a Chriflian place of worlhip, amputation
is not incurred ; but if it be taken from a houfe, the hand of the thief
is to be Hruck off, for in fuch a fituation it is lawful property, and the
objedt of cujlody,
T h e
T he hind of a thief is not to be cut off for Healing a free-born ora/ree-bom
infant, although there be ornaments upon' i t ; becaufe a free perfon is infant”
not property, and the ornaments are only appendages; and alfo, becaufe
the thief may plead that “ he took it up when it was crying, with a
“ view to appeafe it, or to deliver it to thenkrfe." Aboo Yoofaffxyi
that the hand of the thief is to be cut off where the value of the ornaments
upon the child amounts to ten dirms; becaufe, as amputation
would be incurred by the theft of the ornaments alone, it is fo, where
they are flolen along with any thing elfe.— T h e fame difference
of opinion obtains where a perfon Heals a veffel.of /liver (for inftance)
containing pottage, or any other culinary preparation. It is to be ob-
ferved that this difference of opinion holds only where' the child is
incapable of walking or fpeaking, for fuch a child is not in it's ówn
power or cuflody.
A m p u t a t i o n is not incurred by Healing an adult Have, as‘fuch or an addt
an adk does not come under the defcription of theft, being a ufurpa- flave'
tion, or a fraud.
A m p u t a t i o n is incurred by Healing an infant Have, as the con- It Is incurred
Hrudtion of theft is applicable to this Offence: but if this infant Have pealing an
be fuch as can give an account of himfelf, in this' cafe amputation is
not incurred, becaufe an infant o f this defcription is thé fame as an
adult, in this, that both are equally in their own cuftody. Aboo
Yoofaf lays that amputation is riot to be inflidted for Healing a Have,
although he be an irifant deftitute of judgment, and unable to Ipeak:
This proceeds upon a favourable conftrudtion of the law, becaufe a'
Have is a man in one relpedt, and in this view is nöt a property,'
although he be lo in another relpedt. The argument of iianeefa and
Mohammed is that this infant Have is property, generally confidered,
as being capable of producing an immediate profit by the price which
would arife from the fale of him, and alfo of producing a future profit
by the fervice to be exadted from him after he becomes capable of fer-
N 3 vice;