I4Ï I N S T I T U T E S .
nxjomtn, or
Jla-Tjes,
unlefs in cafe
e f itt’vajton,
SiC.
No extraordinary
exactions
-muil
be levied,
w hilft there
are any funds
in the treasury.
If, however, the infidels make an attack upon a city or territory, in
this cafe the repulfion of them is incumbent upon all Mujfulmans, in-
fomuch that a wife may go forth without the .confent of her hufband,
and a flave without the leave of his mailer, becaufe war then becomes
a pofitive injunction, and poffeffion either by bondage or by marriage
cannot come in competition with a pojitive injunction,— as in prayer
(for inflance) orfafing.— This is fuppofing a general fummons-, for,
before that, it is not lawful for a woman or Have to go forth to make
war without the confent of the hufband or mafter, as there is, in this
cafe, noneceliity for their afliflance, fince others fuffice; and hence
no reafon exifts for deltroying the right of the hufband or mafter on
that account.
I f there be any fund in the publie treafury, fo long as the
fund lafls, any extraordinary exactions'* for the fupport of the warriors
is abominable ; becaufe fuch exaction refembles a hire for
that which is a fervice o f G o d , as much as prayer or fafting \ and
hire being forbidden in thefe inftances, fo is it in that which refembles
them.— In this cafe, moreover, there is no occalion for any
extraordinary exaction, fince the funds of the public treafury are prepared
to anfwer all emergencies of the Mujfulmans, fuch as war, and
fo forth. If, however, there be no funds in the public treafury, in
this cafe the Imam need not hefitate to levy contributions for the better
fupport of the w’arriors ; becaufe, in levying a contribution, the greater
evil (namely, the deflruCtioh of the perfon) is repelled; and the contribution
is the fmaller evil ; and the impofition of a Jinaller evil, to
remedy a greater, is of no confequence. A confirmation of this is
found in what is related of the prophet, that he took various articles
of armour, and fo forth, from Sifwan and Omar : in the fame manner,
alfo, he took property from married men, and bellowed it upon
* Arab. J W ; meaning an extraordinary donation or reward.
the
C h a p . II. I N S T I T U T E S .
the unmarried, in order to encourage them, and enable them to go
forth to fight with chearfulnefs ;— and he alio uled to take the horles
from thofe who remained at home, and bellowed them upon thofe
who went forth to fight, on foot.
C H A P . II.
Of the Manner of Waging War.
w h e n the Mujfulmans enter the enemy’ s country, and befiege the
cities or flrong holds of the infidels, it is neceffary to invite them to
embrace the faith, becaufe Ibn Abbas relates of the prophet that “ he
“ never dellroyed any without previoufly inviting them to embrace
“ the faith.” If, therefore, they embrace the faith, it is unneceflary
to war with them, becaufe that which was the defign of the war is
then obtained without war. The prophet, moreover, has faid “ we
“ are directed to make war upon men until fuch time as they Jhall confefs
“ t h e r e is n o G o d b u t o n e G o d ; but when they repeat this creed,
14 their perfons and properties are in protection.”— If they do not accept
the call to the faith, they mull then be called upon to pay Jizyat,
or capitation-tax *; becaufe the prophet directed the commander of his
armies lo to do; and allb, becaufe by fubmitting to this tax, war is
forbidden and terminated, upon the authority of the Koran. (This call
to pay capitation tax, however, refpefls only thofe from whom the
* Tribu te from the perfon, in the fame manner as K h ira j is tribute from lands.
capitation«*
1
H3
11
1 1
1 H
Ij | •, tp i j
1
8
if
Infidels muft
be firft called
upon to embrace
the I
faith;
ii, i s « 1
f t
and, i f they
refufe the I faith, to pay
tribute. I l | '■ jrl 1
1
'
1
1