Slaves, madman,
children,
or Zimmees
have no fhare,.
but are to be
paid fome-
thing..
Zimmees, a iling
as guides,
inay be paid
an extraordinary
gratuity.
T h e r e is no fhare of the plunder allotted t-o Jlaves, women, children,
or Zimmees: but yet it is incumbent on the Imam to beftow
fbmething upon them, to fuch amount as he may deem advifeable; be-
eaufe the prophet, although he: did not fix. any fhare for women or
children,, yet was accuftomed; to- allow them a-fmall part;-, and alfo.,
becaufe the prophet once demanded aid: from a certain party of Jews
againft another party of the fame people, and.y.et did not allow them
anything in the manner of a Jhare or lot-, and alfo, becaufe Jihdd:
I war with infidels} is an aft of piety, of which Zimmees are held incapable
; and women. and; children.are unable to perform- this duty,,
whence it is not an injunction upon them ;: and in the fame manner,,
a flave. alfo is unable; as he: cannot engage in. war or battle without the
eonfent of his owner:: yet it is requifite that they, be allowed Tome—
thing,, in order that they may be. encouraged .to fight, and that the inferiority
of their ftation be rendered manifeft.. (A MoMtiMs in the fame -.
predicament- with an abfbluteHave in.thisparticular,.finCe he isftillin,
a-ftate ofbondage,. and it is poffible that;, as he may be unable to dif--
ebarge his ranfom, his mafter will not permit him,to engage in fight.)—
I t is proper to remark,..however, that this-.fmall allowance out. of the.:
plunder is not-paid.to a Have,, except, where he adlually fights,'as he:
goes into the enemy's country merely for the purpofe of waiting upon i
his «mafter,. and is therefore in. the, fame fituation with a ’.merchant:,
who goes into the enemy’s country for the purpofe of tr a ffic and not
wi th a view to fighting: In.the fame manner, this allowance is not:
paid to a woman unlefs fhe attend■ the fick-and wounded and prepare:
their medicines;- becaufe fhe is-unablc actually to fight-, but her attendance
and affiftance are admitted as fubftitutes for fighting con-,
trary to the cafe of a fiave, as he is able actually to engage in .fight..
In the fame manner,, this .allowance is not paid to, a Zimmee, un--
lefs where he fights, or where Me aCis-as a guide,, which is alfo of.
advantage to the Mufi'ultnans ;. and in this laffccafe it'is .lawful ;to pay -
him even more than, the. fhare of a Mujfuhnan, if his aCting as-a guide -
be attended with any eminent advantage but when. he. only fig h ts,.
what.
•what is paid him muft be fhort of a Mujfuimatis fhare, becaufe fighting
is Jihdd, and a Zimmee cannot be put upon a footing with a Mufful-
man in' the rules' of Jihdd: contrary to the cafe of afting as a guide,
fince that is not Jihdd, ,and he may therefore receive a confideration
for it, to any amount, in the fame manner as for any other fervice*
T he Khams, or fifth, of the plunder * muft be divided in. to thrce e inMguexs&reKfbpaemfts-.
-equal portions, one portion for orphans, one for the poor, and one tor
travellers *f\
Ip one or two particular perfons enter a hoftile country, with a
view to pillage, without authority from the Imdm,. and make a capture
of property, it is not fubjeft to Khams; becaufe there is no Khams
in any thing but plunder, and the property in -queftion is not plunder,
as this term is applied folely to fuch property as is taken from the infidels
by open force, and not by theft or pillage; and the property in
queftion is not taken by open force.
If one or two particular perfons enter a hoftile country, by authority
of the Imam, and make -capture of property, there' are two
opinions related concerning it; but the moft generally received opinion
is -that a , fifth is to be deducted from if, becaufe the Imam, in
giving them this authority, undertakes to fupport them with fuc-
■ Cours, if neceflary, and hence they in this cafe ftand as perfons engaged
in war in a public fenfe.
If a party enter a hoftile country, in force, and make a -capture of
^property,, what they take is fubjeft to Khams, although they aft
* Set a p a r tb y th e Imam, as before-mentioned.
t A long train o f reafoning, chiefly confuting o f -verbal criticifms, and the legality of
bellowing a part o f the fifth upon the Ilafhim cr tribe, is here-omitted, as being quite1 ufelefs,
and in fome places not admitting o f an intelligible translation.
A a 2 without