Wood taken
as plunder
may be converted
to ufe.
Victuals, lä c.
allowed to be
«fed, cannot
fee fo ld .
Flunder cannot
be turned
to ufe, but in
Teffitf in " T V BSifl 1 H yet i3 haJ aEiual nelawful
forth I I fUCh ar“ S 35 maj law ful for the warriors to make ufe of tbhee amm, °nafgt etrhwea rPdIsu udreetru> rint inBg
them into the plunder: and cattle hand in the fame predicament
with arms in this refpedt.
15 n° t0 the w™ s ufing wood [feized as B
V 1 E H i S ^ountl7 - It is alfo lawful for them to make
hoofs Hi oil of .dives, and alfo greafe, for foftening. the
articles H | Cattle ’ beCaufe t lere 1S Sometimes a neceffity for thefe
i , 1!, 1S, n0t ]awf ' 1 for the warriors to fe ll viauals, forage, and
fo forth; becaufe the legality oi fale depends upon the artide fold
be ng pro/ ^ -and hefe are not the.r (accQrding tQ what
has been already advanced,) the eating of the vidtuals 6r ufin. the
other articles being lawful only by allowance, in the fame manner as B a /herfon alWsB1 th e» 0f hiS B i | which ^ the the other may eat them, but cannot fe ll them. It is to be ob-
B l hatf tbe Problbltlon n°W B B B i ‘ hat it is not
r n lf n l ' e H H feI1 thefe B I I return for either
gold, /liver, or effects. If, however, they fhould fell them for <mld
I M I M l S 1S ‘«cumbent on them to lodge the price along
with the reft of the plunder, becaufe this price i f a thing held i f
partnerlhip by the whole army. In the fame manner, it is not lawful
to difpofe of thofe articles in return for provifions or cloathing,
without neceffity § but if a neceffity for proviiion or cloathing occur
the artides m queftion may lawfully be difpofed of in return for thefe
neceilaries.
I t would be abominable in the troops, without neceffity, to make
uie Of Cloth or other fimilar articles of plunder, before the regular diftribution,
■ ft
- C h a p . IV. I N S T I T U T E S .
tribution, becaufe thefe articles are, until then, held in partnerlhip.
If, however, the troops Hand in need of cloth, cattle, or
other artides, in this cafe the Imdm_ muft diftribute thefe among them,
although in the enemy’s country, becaufe as a thing prohibited by the
law is fometimes allowed in confideration of neceffity, it follows that
a thing which is merely abominable *, is allowed in a fimilar cafe, a
fortiori. T h e foundation of this is that the divifion: of the articles in
queftion is abominable only from the apprehenfion- of fuceours joining
the army in. the enemy’s country;, for thefe are equal-partners with
the reft of the troops; and if the plunder were divided before their arrival,
and they then join the army,, it. would be impoffible to obtain
reftitution, for the purpofe .of paying the auxiliaries their ffiares,
(whence it. is that the divifion of the plunder is delayed until it be
brought into the Muflulman territory and this apprehenfion removed:)—
but when the troops ftand in need of the cloth, cattle, or
other articles, in this cafe they may be diftributed among them in the
enemy’s country, becaufe the right of the auxiliaries is merely probable,
whereas the neceffity of the troops is certain, and therefore of
prior confideration. Nothing is here faid' concerning the rule with
refped to arms, and armour: there is, however, no manner of difference
between thefe and cloth or other articles, for if any of the warriors
ftand in need of them,, the ufe is allowed to him, and i f all the
troops ftand in need of weapons and accoutrements, they muft be distributed
among them. Itis otherwife, however, in the cafe of a want
of male or-female ftaves, for of the captives no diftribution can be made
on any plea of neceffity-^ becaufe they come under the defcription of in-
divifible plunder +..
idg
cafes o f ne-
ceffity*
* Abominable, in the language o f th e Mujfulman law, means a thing not abfolutely
illegal^ but reprobated or difapproved,.
t T h e only method o f d ividing plunder which confifts o f captives is by felling them at
the end o f the expedition, and throwing the price for which they are fold into the general
ftock o f p lunder.. Plunder confiding o f cattle is alfo divided in the fame way, but as they
are, comparatively, o f trifling moment, this is no objection to. the ufe o f them.
V o l . I L Z It