lhare as horfe-
tnen.
The horfe
being de-
ftroyed does
not invalidate
the claim of
his owner to
a horfeman’s
lhare.
caufe the expreffion in the Koran, Ikhab, (that is, Jlriking terror,).•
has a reference to the preceding word kheel, [a troop, or fquadron,]
and the word Kheel comprehends all thofe kinds without diftinftion;—
and alio, becaufe although an Arab be apparently of the ftronger
make, yet a Perjian horfe is the more dbeile and managable;-regard
is, therefore, had to the advantages of each refpeftively, and hence
they are both upon a footing.— T h e Birzoon is a horfe o f the Perjian
breed, and the Arab is bred 'm Arabia-, the Hoojeen, on the other
hand, is a Moojanis, or half-breed, whofe dam is an Arab and his lire
a Perjian; and the Makarrifis, alfo an half-breed, whole lire is an Arab:,
and his- dam a Perjian,
I f a perfon enter the enemy’s country as a horjeman, and'his horfe
be afterwards dellroyed, he is Hill entitled to a horfeman’ s lhare of,
plunderbut if a perfon enter the enemy’ s country on Joot, and then
purchafe a horfe, he is entitled to a foot foldier’s lhare only. This is
the Zdhir-Rawdyet.— Shafei maintains the-reverfe-of what is b-ere ad-
vanced;- and Ibn al Mob&rick record’s, from Haneefa, that, under
the fecond circumltance, the perfon is entitled to a horjemans lhare.—
In Ihort, with our doctors regard is had to the- ftation.in which a per-
lon pafles the MuJfulman boundary, whereas with 5$«/« regard is had
to the ftation the perfon holds at the end of the fervice.-. T-heargu-*
ment of Shafe'i■ is that it is the aft of making war which is the cauls
of a right in the plunder, and hence regard is paid to the ftation in
which a perfon-is at the time o f fighting, the palling of the MuJfulman
boundary being only an introduction to the oaufe, in the lame manner
as going out of a houfe:— and if (as the Haneefites maintain) it were
impoflible to afcertain the aftual fighting, it would follow that the
mere aCtuah prefence would be a caufe of right in. the plunder, lince
aftual prefeneeis-eafily afcertainable.— The arguments of our doctors
upon this head are twofold.— eirst, going forth is the commencement
of the war, becaufe it imprefles terror, upon the infidels ; and
the continuance conftitutes the war itfelf:— but regard; is not-paid to
3 the
the continuance'.— secondly, it is difficult to obtain any certain information
refpefting the aftual fighting',— and fo alfo, concerning the
aftual prefence, becaufe that has regard to the time when the two ad-
Verfe armies are drawn up in battle array againft each other, at which
time it is not eafy to afcertain who aftually engages in fight, or who
does not,_or who is prefent, or who is not;—the aft, therefore, of
pqjfmg the boundary is made the fubftitute lor fighting, or prefence, becaufe
the aft: of palling the boundary extends, with regard to appearance,
either to war, or to prefence, where fuch aft; was performed
with a defignof fighting.— Regard, therefore, is paid to the ftation 3
perfon fills (whether that of a horjeman or of a foot foldier) at the time
e f palling the Mujfulmcm boundary.
I f a perfon enter the enemy’s country as a horfematr, and afterwards
fight on foot, on account of wanting room, he is entitled to a
horfeman’s lhare, according to all our aoftors. If, alio, he enter the
enemy’ s country as a horjeman, and afterwards fell his horfe, or give
him away, or hire or pledge him, he is,,, entitled to a horfeman s
lhare, (according to what Hoofn reports from Haneefa,') regard being
had to the ftation in which he went forth.— According to the ZdhirRa-
Wayet he is in this cafe entitled only to lhare as a foot foldier, becaufe his
difpofing of his -horfe in any of the ways here mentioned denotes that
he did not go forth with a defign to fight as a horfeman.— If a perfon
fell his horfe-when the fervice is at an end, his right, which is a
horfeman's lhare, does not drop.— Some hold the rule to be the fame,
if he fell his horfe during the fervice; hut the more approved, doctrine
is that he is not in this cafe .entitled to a horfeman’ s lhare,
becaufe the fale here denotes that his defign was traffic, but that
he waited until the fervice began, with a view to enhance the price
of his horfe.
A a
A horfeman
occafionally
fighting on
foot is yet
entitled to
{hare as a
horfeman}
and may fell
his horfe at
the end o f the
fervice, without
injury to
his claim.
Von. II. T here