*54 I N S T I T U T E S . B o o k I X ,
S E C T I O N .
If a free perfon grant proteaion to an infidel, or to a body of infidels,
or to the people of a fort or city, the protection is valid, whether
the perfon granting it be a man or a woman; and no perfon of the
Muffulmans is afterwards at liberty to moleft them; becaufe the prophet
has faid “ i f the leaf among the M u s s u l m a n s grant protection to
“ an infidel, and make a compaCi with him, it behoves the whole to ob-
‘ J ferve fuch protection and compaCl, and not to break, i t and the
learned agree that the Word adna, [the leaf!:,} in this faying, means a
fingle perfon;— and alfo, becaufe any Angle Mufifulman is empowered
to make war upon the infidels, wherefore they fear him, finee he is
competent to oppofe them ; by his granting protedion, therefore,,
protection is eftablifhed as from him, lince he is one of whom proteaion
may be afked; becaufe the objed of fear is the objed to which
to look for protedion ; and a fingle Mufifulman is the objed of fear,
(according to what was before afferted, that “ the infidels fear him
by his granting them protedtion, therefore, protedtion is eftablifhed
as from him, and it then extends to all others befides the perfon who
grants it; in the fame manner as in the cafe of feeing the new moon,
at the commencement of Ramzdn * ;— for, if a perfon teftify to feeing
the new-moon of Ramzdn, faying I fee it,” the faft of Ramzan
becomes incumbent upon him, and the obligation then extends to all
others;— and fo in. the prefent cafe likewife, the protedtion becomes,
binding upon all others befides the' perfon .who grants it,— and the
obligation of it extends from him to.all the reft,— and they are not at
liberty to infringe it.— Moreover, the caufe of the validity of protedtion
is the adt of protecting; and as that is 'not of a divifible nature, fo the
Prote&ion
granted by a
Jingle perfon
is valid v
* T h e ninth month o f the Mohammedan year, during which a ftri£t faft is enjoined,,
commencing from the. fir ft appearance o f the new-moon.
protection
C h a p . 111.
I N S T I T U T E S . *•55
protedtion is not divifible, and is .therefore c omp l e t e th a t is, the
protedtion granted by one Mufifulman is confidered as, proceeding from
the whole, in the fame manner ,as the exercife of guardianfhip R marriage
-— for if one of fevdral guardians of an infant, who.are all upon
an equality, in point of guardianlhip, contrad the infant in marriage,
the marriage is valid and binding upon all the other guardians, and nq
one of them is at liberty to annul i t : thus, in the prefent.cafe if any
one MuJJulman grant protedion to an infidel, the fame is eftablifhed and
binding upon all others, and no Mufifulman is at liberty to annul it,
finee the protedion is valid,— except where it has an evil tendency,
in which cafe it muft be annulled, and intelligence of the fame muft
be communicated to the infidels, in the fame manner, as if the Imdm
himfelf were to grant a protedion, and afterwards find it advifeable to
annul it, in which cafe he is at liberty to annul it, giving the infidels
notice of the annulment, as has been already ftated. The Imdm
muft alfo reprehend any perfon whofingly gives a protedtion, where the
protedtion is of evil tendency, as he has in this inftance prefumed to
fet his own judgment above that of the Imdm, and has confided in his
own prudence. It is ©therwife where the proteaion is advifeable, as
the perfon who grants it has here an excufe, finee if he were to delay
giving the protedion, the good to be derived from it might be defeated-
I f a Zimmee grant proteaion to an alien infidel, his proteaion is The protec-
not valid, becaufe the a<Sts of a Zimmee are liable to lulpicion, with by zZimmee,
refpea to granting proteaion, on account of his infidelity; befides, a
Zimmee has no authority with refpea to Muffulmans.
If a Mufifulman be refiding among the infidels, either as a captive
or a merchant, and grant a proteaion to aliens, his proteaion is in-
•valid, becaufe he is in the power of the aliens, wherefore the aliens
are not in fear of him, and proteaion is reftrided to the objed of
fe a r ; and alfo, becaufe, as perfons in thofe fituations are liable to be
conftrained to grant a protedion, they may not be direded by what
X 2 ' is