romingnabc* If a ^°^lle infidel become a Mufulman in the hoftile country, his
fe°rv«rhispre' perfon is his OWn’ <that IS’ he cannot be made 4 Have,) becaufe a
liberty and perfon who is firft a Mufulman cannot then be 1'ubjectcd to bondage
h i s fn f in t ^ as hi3 Ifiam forbids this.— In the.fame manner, his infant children
children; belong to himfelf, becaufe they alfo are held as Mufulmans, in dependance
of their father. Such of his property, alfo, as is in his
hands is his own; becaufe the prophet has fiiid “ whoever becomes a
M u s s u l m a n , and is popped o f property, in his own hands, fuch pra-
“ perty belongs to him-''— and alfo, becaufe his hands have firft laid
hold of that property, in the manner of the hands of a conqueror._
In the fame manner fuch of his property as; is a depofit in the hands of
a truftee, whether a Mujfulman or a Zimmee, is alfo referved to him,
becaufe the feizin of the truftee is the fame as that of the proprietor.
H I If the W m fubdue a country by force of arms, the lands VhicK
property; were the property of one who hasjembracgd the faith become thepro-
perty of the public treafury * .— Shafei maintains that his lands alfo
continue to belong to him, becaufe- they ape in his hands, and hence
are fubjedt to the fame rule as moveable property. Our do&ors, on
the other hand, allege that his lands are in the hands,of the ftate, or
of the fovereign of that territory, (as they are a conftituent part of the
country,) wherefore they are not, a certiori, in his hands.— Some
obferve that this is according to the opinion of Haneefa, and a recent
opinion of Aboo Toofaf: for, according to the opinion of Mohammed,
and a former opinion of Aboo Toofaf, the lands; of this perfon are in the
fame predicament with his other property.— This difference of opinion
originates in a difference of doftrine refpefting the tenure o f land;
for Haneefa and Aboo Toofaf hold that feizin is not eflablifhed , a certiori,
inlands; whereas Mohammed holds that it is eflablifhed._The
* Arab, fe e , meaning that proportion o f the plunder which is the right o f the (late__
I -he tranflator avoids introducing it here, from its fimilarity to the feudal term fee, which
bears quite a different fenfe; and has therefore rendered it, throughout, public trifierto 'or the '
property o f the J la te . r J
wife
wife alfo of this perfon is public property, as fhe is an alien, and is
not a dependant of her hufband with relpedt to I f am: and her foetus
is alfo under the fame predicament.— Shqfëi maintains that her foetus,
is not public property, fince it is a Mujfulman in dependance of the
father, in the fame manner as infant children.— Our dodtors, on the
other hand, allege that the foetus is a portion of the woman, and is
therefore a Have in confequence of her becoming a Have, fince fhe is
a (lave in'all her parts: and with refpedt to what is advanced by Shtfei,
that “ the foetus is a Mufulman, in dependance of the father, in the
“ fame manner as infant children,”— they obferve that although the
foetus be a Mufulman, yet a Mufulman may be a fubjedt of bondage in
dependance of another perfon : contrary to the cafe of infant children,
a*s the -faid children are freeÇ béeaùfè, after being born, they are no
longer a portion of the mother.— T h e adult children of this perfon are'
alfo public property becaufe they are infidel aliens, and are not dependant
of their father in ///«»;;— and fo likewife his Have who fights
again!!; the Mufulmans, becaufe the fiave, upon throwing off his fub-
jedtion to his mafter -f", goes out of the poffeffion of his mafter, and
becomes-a dependant on the people of that territory.— In the fame
manner,, fuch of his property as is in the hands of an infidel alien,
whether in the way of ufurpation or depofit, is the property o f the
ftate, becaufe the feizin of an infidel alien is not of an inviolable nature
:— and fuch of his property as is in the hands of a Mufulman or a
Zimmee, in the way of ufurpation, is in the fame predicament.— This
laft is the opinion o f Haneefa.— The two difciples maintain a contrary
opinion, for they argue that the property is a dependant of the perfon,
and as the perfon of the proprietor is under protedtion in confequence
of his converfion to the faith,- it follows that his property is alfo under
protection, as a dependant of his- perfon.— The argument of Haneefa
* T h a t is to fay, are made flaves, and as fuch united to that part o f the plunder which
is the property of the ftate.
•J- B y uniting in fight againft the believers, o f whom his mafter is now one.
Z 2 .is
and fo alfo his
w ife, and her
fcetus i
and his adult
children, and
flaws'.
and his property
in the'
hands o f in -
fidel aliens,—«•
or o f Muflitl-
rnar.s, by
ufurpation.