without the authority of the Imam-, becaufe this property lias been
taken openly, by force of arms,, and therefore falls under the defcrip-
tion o f plunder and alfo, becaufe it is incumbent upon the Imdm to
affift them, fince if he were not to do fo, the Mujfuhnans might appear
weak and unable to oppofe their enemies :.— contrary to the cafe of
one or two particular perfons, fince to affift them is no way incumbent
upon the Imdmr.
S E C T I O N .
( ) ƒ T a n f e e l , that is., a Gratuity befiowed upon particular Perfimst,
over and above their Share of P l u n p e r , .
Gratuities I t is laudable in the Im&m. to beftow gratuities, in time of wan,
Souaty °be-a' and by means thereof to encourage the troops to fight,,or more pra-
ftowei: perly to render them zealous in fighting,— by declaring (for inftance)
“ Whoever kills an infidel fhall have, his garments,” — and. fo forth,,
(as will be hereafter more particularly mentioned ; )— or, bypromifing
to any particular body of troops, “ I have allotted you one fourth of
“ the plunder, after deducing the fifth — becaufe it is.laudable to
encourage and ftimulate to fighting, and making war upon, the infidels,
G o d having commanded his prophet in the Koran, faying
“ e x c it e the believers to b a t t l e !-—and bellowing a gratuity
in the manner fpecified is one way of exciting them.— (It is proper to
obferve that gratuity is fometimes held forth in the manner above
defcribed, and fometimes in another manner,, as if the Imdm were to
declare “ Whoever fin d sany thing, the fame fhall be his 1” )— It is
not laudable in the Imam to beftow the whole of the plunder in gratuity,
becaufe that is deftructive of the right of the troops:— if, however,
he beftow the whole, in gratuity, upon any particular party
or divifion of the army,, it. is lawful,, becaufe. the management, of the
plunder
plunder is committed to the Imam, and he may fometimes deem it
advifeable thus to make gratuity of the. whole,.
I t is not lawful for the Imdm to beftow any gratuity after the
Blunder is fecured within the MuJTulman territory, becaufe the right brougbt>to
r , - - . r r i 1 A th eMuJfulman
of others in it is then confirmed. If, however, he lee nt, he may beitow territoiy.
gratuity out of the Khams, or referved fifth ,, becaufe in that the troopa
have no right.
If the Imdm fhould not beftow in gratuity the SiKb (or perfonalt ?"Ie^ rPeff ;
property) of one who is flain, upon the flayer^ it becomes a part of ^/property
the general plunder, in which the flayer and others have all an equal
ftiare. Shqfei maintains that the perfonal effefts of the perfon flain
belong te-t-he flayer, provided the latter be one of fhofe1 who are entitled
to fhare in the plunder, and that he killed the flain in open
fight, becaufe tire prophet has faid, “ Whoever Jlays an infidel is
“ entitled to his perfonal property." .
Objection.— It is poffible that the prophet may have mentioned
this merely in a gratuitous fenfe, and not asthe award of the law.
Reply.— It is evident, from the fituation of the prophet, that he
fpoke this asan award of the law, fince he was font to enforce the
awards of the law. A perfon, moreover, who kills another prepared to
oppofe him in open fight expofes himfelf in a fuperior degree, and
hence the perfonal property of the flain goes to him, for the purpofe o f
making a diftinftion between him and others.
— The arguments of our doftors upon this point are twofold.— first,
the perfonal property in-queftion has been taken, virtually, by the force
of the whole army * , and' is therefore plunder; and fuch being the cafe,
it is to be generally fhared, in the fame manner as other Ipoil, in conformity
with the words of the facred text:— secondly, the prophet
* Becaufe, without being accompanied and fupported b y the army, the /layer, never
could have come at the Jlaim .
once