.ever, if only a fmall party of them were to violate the treaty, by
entering the Mujfulman territory and there committing robberies upon
the Mujfulmans, fince this does not amount to a'breach of treaty. If,
moreover, this party be in force, fo as to be .capable of oppofition,
and openly fight with the Mujfulmans, this is a breach of treaty, with
refpeft to that party only, but not with .refpeft lo the reft of their
nation or tribe; becaufe, as this party .have violated the treaty without
any permiffion from their prince,' the jeft are not .anfwerable for their
a f t ; whereas, if they made their attack by permiflion of their prince,
the breach of treaty would be regarded as by the whole, all being virtually
implicated in it.
Peace may be I f the Imam make peace with aliens in return for. property, there
granted i n . f , r r i i r n * ■
return for 13 no icruple ; becauie, mice peace may be lawfully made without any
property. fUqh gratification, it is alfo lawful in return for a .gratification.
This, howeyer, is .only where the Mujfulrnam fiand in need of the
property thus to be acquired.: for if they be not in necejfty, making
peace for property is not lawful, fince peace is a defection of war, both
in appearance and in effeft.— It is to be obfer.ved that i f the Imam
receive this property by fending a meffenger, and making peace,
without the Muffulman ■ .troops entering the enemy’s territory, the
o'bjeft of difburfement of it is the fame as that of Jizyat, or capitation-
tax; that , is, it is to be expended upon the warriors, and not upon the
poor. If, however, the property be taken after the Muffulmam have invaded
the enemy, in this cafe it is as plunder, one fifth going to the
Imam, and the remainder to be divided among the troops; as the
property has in faft been taken by force in this inftance.
War malt not
be undertaken
againft
apqftatei.
It is incumbent on the Itnam to keep peace with apoflates *, and
not to make war upon them, in order that they may have time to
* Meaning tribes which apoftatife and defert the Mujfulman caufe, as oceafionally happened
in the earlier times o f Mohammedanifm.
confider
confider their fituation, fince it is to be hoped that they may again
return to the faith.— It is therefore .lawful to delay fighting with
them, in a hope that they may again embrace IJlamifm; but.it is not
lawful to take property from them. If, however, the Imam fhould
take property from them, it is not incumbent upon him to return it,
as fuch property is not in proteftion.
If infidels harafs the Mujfulmans, and offer, them peace in return
for property, the Imdm muff not accede thereto, as this would be a chafe a peace,
. t 1 J 7 i j ’r t i i . unlefs in cafes
degradation of the Mujfulman honour, and dilgrace woula be at- 0f extremity,
tached to all the parties concerned in i t ;— this, therefore, is not lawful,
except where deftruftion is'to be apprehended, in which Cafe the
purchafing a peace with property is lawful, becaufe it is a duty to
repel deftruftion in every poffible mode.
T h e fale of warlike {lores to aliens is not permitted ; neither is Warlike
- • r c r ii* itores mult
it allowed to fend merchants among them for the purpofe of lellin g not be fold to
their horfes and armour; becaufe the prophet has forbidden us to aUns'
fell warlike {lores into the hands of aliens, or to carry them to them;
and alfo, becaufe the aliens, by felling them warlike flores, are
ftrengthened to fight the Mujfulmans.— Selling them horfes'is like-
wife unlawful, for the fame reafon. Selling them iron is alfo prohibited,
as it is the material from which arms are conftrufted.— And
.as the fale of thefe articles is difallowed before peace, fo is it likewife
after peace has been concluded, as peace is of uncertain duration.— It
is to be remarked that analogy would require that the rule with refpeft
to felling them prov'fions or .clothing fhould be the fame as with
refpeft to felling them arms: but to fell them viftuals and clothing is
lawful, in conformity with what is recorded of the prophet, that he
directed, Simmdma to .carry provifions to the people -of Mecca for fale,
although thofe people were then aliens*.
* T h a t ’is, had not yet fubmitted, or embraced the faith.
V.0L. II. X I f