ï jó I N S T I T U T E S . B ook IX.
is advifeablfe. If, moreover, the protection granted by the captive or
the merchant were valid, whenever the infidels found themfelves
prefled in war, and unable to carry it on, they might influence the:
captive or the merchant to grant them a protection, and through means
of that protection they might find relief, when the door of victory
over them would be clofed.
felyte who°" a perE>n who has embraced the MuJfulmaji faith in the country
has not yet of the aliens, but who lias not vet retired into the Mu/Tulman ien itd -
retired into , . . . ^ . . ^
thzMujfuiman nes, grant protection to infidels, this protection is not valid, for the.
rot vaS U reafons as are. afligned in the preceding cafe..
The protection
granted
by a flaw is
not valid,
unlefs he be
licenced to
engage in
war.
If a \Muffulmari\ flave grant protection, it is not valid (according;
to Haneefa) except where his mafter has given him permiflion to engage
in war. Mohammed fays that the protection granted by a flave.
is valid, and fuch alfo is the opinion of Shafe'i.— Aboo Toofaf alfo
agrees with him, according to one tradition.— According to another
tradition,, his.opinion is the fame as that o f Haneefa* The arguments-
of Mohammed are twofold:— f i r s t , Aboo Moafa Afhyaree relates that:
the prophet declared, the protection granted by a flave to be a valid
protection:— s e c o n d l y ,, a flave may alfo be a believer, and may con-
fequently poflefs a. power of refiftance.*: the protection granted by
an unlicenced flave, therefore, is valid, in the fame manner as the:
protection granted by a flave who has been permitted to engage in
war;— and in the fame manner, alfo, as,a contract of fealty or fub-
jeCtion is valid; (for, if an alien were to execute a contract: of fealty
before a flave,. and the flave agree thereto, the contract is valid -j-;----
and fo here likewife.)— The reafon. why a flave, not licenced to en-
* In oppofition to the ftate o f an injidtl, who not .being allowed, to carry arms, is held
incapable of refiftance.
f That is, the alien is made a Z im m e e , o r fubjecl of the M u jfu lm a n ftate,.
C h a -p . III'., I N S T I T U T E S .
gage in. war, is held in the fame light as one who is licenced, is-that"
the caufe of the validity of the protection granted by the licenced flave
ia.his being a believer, and confequently capable of. refiftance; and this
circumftance is conftituted the caufe,. on the:groundthat/«tó. is.con-
ditional to piety, and war [with, infidels] is an aCt, of piety.-—This
power o f refiftance-, moreover, is made a condition, in order that the
protection may- be eftablifhed as from its proper fource, fince the object
of fear is the objeCt to which to look for protection.. Now as the
flave in queftionpoffefles a-power o f refiftance, he is feared^, and protection
may therefore proceed from him ; and the advantage of protection
(namely, the advancement, of religion, and of the Mujfulman in-
terefts) is alfo obtained; - for the queftion fuppofes a.cafe in which the
intereft of the whole body of Mujfulmans-is concerned. It, being de—
monftrated, therefore, that the caufesof the validity of a protection
»ranted by a licenced flave are belief, and a confequent reffance,,
and thefe caufes exifting equally in the flave who is not licenced,, it
follows that his protection is.equally valid:— but yet it is.not lawful -for
him to fight, becaufe this would be contrary to his mafter’s intereft ,
— whereas-the granting of protection being only a fpeech, the intereft
of the mafter can in no refpeCt be endangered: by it.— The arguments
of Haneefa on this fubjeCt are twofold;'—f i r s t , a flave who is not
licenced'-to fight is inhibitedfrom fighting, whence his prót-eCtion is not
valid '; becaufe-the infidels have no fëar of him, and confequently he
cannot be. the fource of protection, (finee the objetl o f fear is the object
to which to look for protection, as was already obferved;):— and:
fuch being the cafe,, a protection granted by him is of no efleCt:: contrary
to a flave ;who\% licenced to fight, fince-he is eftablifhed the objeCt
of fear.— s e c o n d l y , fighting.is not. lawful to the inhibited flave,. as.
this is an.aCt. which affeCts. his mafter in. fuch a mode as to create an
apprehenfion of damage to him; and the flave’s granting protection is
alfo of the fame nature, becaufe granting , protection is one . branch ;of.
*- As it would endangei; thé life of the flave, who is his mailer's' property..
military
I