I N S T I T U T E S .
Peace may be
made, where
it Is advife-
able:
T ook IX.
Titan were to draw his fword with a defign of killing his ion, in fuch
a way as that the fbn is unable to repel him but by killing him, it is
then lawful for the fbn to flay his father, becaufe his defign is merely
repulfion; in a cafe therefore where the father is an infidel, and attempts
to flay his fon, it is lawful for the fon to Hay the father-in
ielf-defence, a fortiori.
C H A P . III.
.Of making Peace; and concerning the Perfons to whom
it is lawful to grant Protection.
I f the Imam make peace with aliens*, or with any particular
tribe or body of them, and perceive it to be eligible for the Mufful-
mans, there need be no hefitation; becaufe it is faid, in the Koran,
•“ If t h e i n f i d e l s b e i n c l i n e d t o p e a c e , do y e l ik e w i s e
c o n s e n t t h e r e t o ;”— and alfo, becaufe the prophet, in the year
of the punifhment of Eubea, made a peace between the Muffulmans
and the people of Mecca for the fpace of ten years-, peaqe, moreover,
is war in effedt, where the interefl of the Muffulmans requires it,
fince the defign of war is the removal of evil, and this is obtained by
means of peace; contrary to where peace is not to the interefl of the
Muffulmans, for it is not, in that cafe, lawful, as this would be abandoning
war both apparently, and in effedt. It is here, however, proper.
* Arab. H irbee. T h is , in its literal fenfe, signifies an enemy; the term, however, extends
to a ll mankind except Mujfuhnans and Zimmees, whether they be actually at war with
the Mujfulmam or not. It appears to be fynonymous with the La tin H o f is.
5 to
to obferve that it is not abfolutely neceflary to reflridl a peace to the
term above recorded (namely, ten years,) becaufe the end for which
peace is made may be fometimes more effectually obtained by extending
it to a longer term.
I f the Imdm make peace with the aliens-for a fingle term, and it may
' 'v A . . . . / i j alfo “ e bro- (namely, ten years,) and afterwards perceive that it is molt advan- ken, when
fageous for the Muffulman interefl to break it, he may in that cafe gf[fng ;n_
lawfully'renew the war, after giving them due notice; becaufe, upon Adds due
a change of the circumflances which rendered peace advifeable, the
breach of peace is war, and the obfervance of it a defertion of war * ,
both in appearance, and alfb in effedt, and war is an ordinance of G o d ,
and the forfaking of it is not becoming [to Muffulmans.] It it to be
obferved that giving due notice to the enemy is in this cafe indifpenf-
ably requifite., in fuch a manner that treachery may not be induced,
fince this is forbidden. It is alfo requifite that fuch a delay be made
in renewing the war with them as may allow intelligence of the
peace -being broken off to be univerfally received among them; and
for this fuch a time fuffices as may admit of the king or chief of the
enemy communicating the fame to the different parts of their dominion,
fince, by fuch a delay, the charge of treachery is avoided.
I f the infidels adl with perfidy in a peace “j-, it is in fuch cafe unlefs they
lawful for the Im&m to Attack them without any previous notice, o fn ^ fh e n
fince; the breach of -treaty in this inflance originates with them, they SB
i ■ J ° be attacked
whence there is no occafioti to commence the war on the part of the •without no-
Muffulmans by giving them notice. It would be otherwife, how- uce’
* (S o in th e original:) meaning, that although, where it advances th z Muffulman interefts, .
peace is the fame as war, as.it anfwers the fame purpofe (namely their advantage,) yet this
is not the cafe where advantage is no longer derived from it,
t T h a t is to fay, break the-peace by. any hoftile a£h
ever,