A perfon is
refponfible
fordeltroyinj
the mufical
inftruments,
&c. or the
prepared
drink o f a
Mujfulman,
that it is abfolute; that is, that-in all converfions of ufurped wine into
vinegar, the proprietor is entitled to take it without making any com-
penfation to the ufurper; becaufe the thing thrown into the wine by
the ufurper is of no value, inafmuch as, by the mixture of it with
wine, it becomes virtually wine, which is a thing of no value. There
are a variety of opinions concerning this cafe, which the author of
this work has recited in the Kafayat al Moontihee.
I f a perfon break the lute, the tabor, the pipe, or the cymbal of
a Mujfulman, or fpill \\v&' Sikker * , or Monijfaf he is refponfible,
the fale of fuch articles being lawful, according to Haneefa. T h e two
difciples maintain that he is not refponfible, they holding fuch articles
to be unfaleable. Some fay that this difference of opinion obtains only
concerning fuch mufical inftruments as are merely ufed for amufe-
ment; but that if a perfon break a drum, fuch as is ufed in war, or a
tabor or cymbal, fuch as are allowed to be ufed in celebrating a marriage,
he is refponfible, according to all our doftors. Some, alfo, fay
that, in decreeing refponfibility, opinions are given according to the
do&rine of the two difciples. By Sikker is underftood the juice of unripe
dates, which is fuffered to ferment and acquire a fpirit without
boiling; and by Monijfaf, the juice of unripe grapes, boiled until only
one half remain. Concerning liquor boiled in the fmalleft degree,
which is termed Bazik J, there are two opinions reported from Haneefa,—
one, that it is a lawful fubject both of fale and refponfibility,—
and another, that it is not fo. T h e arguments o f the two difciples on
this point are,—f i r s t , that thefe articles are all made for the purpofe
of doing that which is offenfive to the l a w , and therefore are not valuable
property.— S e c o n d l y , what the perfon in queftion has done
was in reformation o f an abufe; and as we are directed to. reform abufes
* A fort o f intoxicating liqu o r/
+ H a lf boiled wine. (T h e fe terms are fully explained in Book X L V I . treating o f
Prohibited Liquors~) J A fpecies o f date wine.
wherever
wherevèr they occur, he therefore is not refponfible, in the fame
manner as he would not be refponfible if he were to deftroy thofe articles
by order of the magiftrate. The argument of Haneefa is that
the articles in queftion are property, as being capable of yielding a
lawful advantage, although they be alfo capable o f being ufed unlawfully,
and therefore refemble a female finger,— whence there is no
reafon why they fhould not be confidered as valuable property. As,
therefore, thofe articles are (according to Haneefa') of a valuable nature,
a reparation is due from the deftroyer of them ; and i f a perfon
were to fell them, the fale is lawful ; for the obligation of reparation,
and the legality of fale, depend upon an article being property, and
capable of valuation, circumftances which exift with refpect to the
articles in queftion. The reformation of abufes, moreover, is committed
to the hands of magiftrates, as'they are enabled, by the nature
of their office, to carry it into effedt; but it is not entrufted to others,,
excepting merely to the extent of verbal inftruâion and advice. Proceeding
upon the dodtrine of Haneefa, the deftroyer, in the cafe here
confidered, is refponfible for the value the articles bear in themfelves
independant of the particular amufement to which they contribute.
Thus if a female finger (for inftauce) be deftroyed, ffie mull be valued
merely as a Have girl; and the fame of fighting rams, tumbling
pigeons, gamecocks, or eunuch flaves; in other words, if any of
thefe be deftroyed, they muft be valued and accounted for at the rate
they would have borne if unfit for the light apd evil purpofes to which
fuch articles are commonly applied ; and fo likewife of pipes, tabors,
and other mufical inftruments. It is to bcobferved that, in the cafe
of fpilling Sikker or Monijfaf, the deftroyer is refponfible for the value
of the article, and not for a.fimilar, becaufe it does not become a Muf-
fulman to be, proprietor of fuch articles. If, on the contrary, a; perfon.
deftroy a crucifix belonging to a Chriflian, he is refponfible for the
value it bears as a crucifix ; becaufe Chrfiians are left to the practice
o f their own religious worfhip.
and muft
com pen fate
for them by
paying their
intriniic.
value.
I f