nor for the
performance
o f any religious
duty;
nor for fing-
ing or lamentation
»
I t is not lawful to accept a recompence for fummoning the people
to prayers, or for the performance of a pilgrimage, or of the duties of
an Imam, or for teaching the K o r a n , or the l a w ; for it is a general
rule, with our dodtors, that no recompence can be received for the
performance of any duty purely of a religious nature.— According to
Shafe'i, it is allowed to receive pay for the performance of any religious
duty which is. not required of the hireling in virtue of a divine ordinance,
as this is only accepting a recompence for a certain fervice;
and as the a£ts above defcribed are not ordained, upon the hirelino-, it is
confequently lawful to receive a recompence for them.— The arguments
o f our doctors upon this point are twofold.— F i r s t , the prophet
has faid, “ Read the K o r a n , but do not receive any recompence for
“ fo d o in g and he alfo diredted Qthman-bin-Abeeyas, that if he were
appointed a Mdwzin [a cryer to prayer] he fhould not take any wages.
S e c o n d l y , where an add of piety is, performed, it fprings folely from
the performer, (whence, regard is had to his competency,), and confequently
he is not entitled to ariy recompence from another, as in the
cafes of fafiing ox prayer.— A teacher of the K o r a n , moreover, is incapable
of inftrudting another in it, but by means of qualities' exifting'
in his fcholar, namely capacity and docility, and therefore undertakes
a thing the performance of which does not depend upon himfelf
which is confequently invalid.— Some of our modem doctors, however,
hold it lawful to receive wages for teaching the K o r a n in the
prefent age, becaufe an indifference has taken place with refpedt to. religion,
whence ifpeople were to withhold from paying a recompence
for inftruction in the facred writings, they would in time be difre-
garded;— and decrees pafs accordingly.
I t is not lawful to receive wages for finging, or lamentation*, or
for any other fpecies of public exhibition, as this is taking a recom-
* Arab. N oqIm . Cryin g over the dead, (b y female mourners, who make it a pro-
fe/fion.)
pence
pence for an a£t which is of a criminal nature, and a£ts of that nature
do not entitle to a recompence in virtue o f a contraft.
T he'hire of any thing indefinite is invalid, according to Haneefa,
unlefs from a partner.— The two difciples maintain that fuch hire is
valid;—^and decrees pafs accordingly.— (This rule chiefly applies to
fuch cafes as where, for inftance, a perfon lets a fhare or portion of
his houfe to another, or lets, his own fhare in a partnerfhip-houfe to
any other than his partner.)— T h e argument of the t wo difciples is that
an indefinite part is capable of being ufed, (whence a proportionate
hire is due,) and the delivery of it is practicable, either by the leffor
vacating his fhare to the leffee, or by agreeing to hold it with him alternately.—
The cafe is therefore the fame as" if he were to let it to a
partner, or between two, which Would be valid; confequently this
refembles a cafe offale.— T h e argument of Haneefa is that as the lef—
fotf in this inftance, lets to hire an article which he is incapable of
delivering, the deed is confequently invalid.— The ground o f this is that
the delivery of an indefinite part o f any thing is inconceivable; becaufe
delivery cannot be completely executed on one part without
feizin on the other; and feizin, as being a perceptible a£t, cannot
take place but upon a fpecific fubject.— With refpect to evacuation, it
is regarded as a delivery, becaufe it amounts to inveftiture, an act
through which occupancy, or, in other words, a power o f feizin, is
obtained. With ref'ped): to alternate occupancy, on the other hand,
that cannot be eftablifhed but in virtue of a right o f property in the
ufe,: which is an effeft of the contract of hire. Now as the effect of
any thing muft be.fubfequent to that thing, it follows that the alternate
occupancy is fubfequent to the execution o f the contract of
hire; but ability to make delivery is one condition o f the contradt; and
as the condition to a thing muft precede that thing, it follows that the
ability to make a delivery muft precede the contract of hire. A thino-,
however, which is fubfequent cannot be confidered as antecedent; and
hence the alternate occupancy, which is fubfequent, is incapable of
X x 2 being
Hire o f indefinite
articles.