It is incurred
by [malici-
oufly] <ivounef-
i»g a perfon,
who dies in.
confequence.
Jt is not incurred
by
miftakenly
flaying a
Mujfulm an in
battle.
Cafe of death
produced by
a combination
of various
caufes..
If a perfon wound another, fo as to difable and render him perpetually
bedridden until death, retaliation is incurred by the perfon
who inflicted the wound; for as a caufe of murder here exifls, and
nothing occurs to do it away, the death mull be referred to fuch caufe,,
and retaliation is incurred in confequence.
I f an army of Mujfulmans engage an army o f infidels,, and they
mingle together, and a Mujfulman kill another Mujfulman,. on the
fuppofition of his being an infidel, he is not liable to retaliation, but
mull perform an expiation, and pay a fine; becaufe this is homicide
by mijadventure; in which expiation and fine are due, but not retaliation,—
as has been already explained.
I f a perfon hit himfelf upon the head, and another perfon alfo hit
him upon the fame part, and a wild beafl tear him, and a fnake bite
him, and he die in confequence of all thefe, the perfon who ftruek
him is liable for one third of the fine of blood; becaufe the adls of the
wild beafl and fnake are of the fame nature, and. incur no penalty
either in this world or the next; and as the aft committed by the
deceafed upon himfelf is alfo of no account in this world, (notwith-
flanding it be o f account in the world to come, as the perfon in quef-
tion is therein univerfally admitted to be an offender,), this conftitutes
another fpecies ; and as, again, the aft of the other perfon is of account
both in this world and' in the world to come, it therefore con-
flitutes. a third fpecies.— Now, the deceafed having perifhed in Confequence
of thefe three different fpecies of afts,. he may be faid to
have perifhed by three fever al a fis‘, and as the aft of the other perfan
Was one of thefe three, he is confequently refponfible for one third
of the fine.
s e c t ioN.
S E C T I O N .
I f any perfon draw a fword upon a Mujfulman, he [the MuJJul- A man may
man] is at liberty to kill him in felf-defence; becaufe the prophet has
fud, He who draws a Jword upon a JVTu s s u l m a n renders his blood
\“ liable to be Jhed with impunity,” and alfo, becaufe a perfon who
thus draws a fword is a rebel, and guilty of fedition; and it is lawful
to flay fuch, G o d having laid, ih the K o r a n , “ S l a y t h o s e w h o
a r e g u i l t y o f s e d i t i o n , t o t h e e n d t h a t j t m a y b e P R E -
“ V EN T ED .” — Befides, it is indifpenfably requifite that a man repel
murder from himfelf; and as, in the.prefent inflance, there is no
method of effeaing this but by flaying the perfon, it is confequently
lawful fo to do. If, however, it be poffible to effedl the felf-defence
Iwithout flaying the perfon, it is not lawful to flay him.
It is written in the Jama Sagheer, that i f a perfon ftrike at another DiiUnaion*
with a fword, during either night or day, or lift a club againfl an- inthisPa'u-
Iother in the night in a city, or in the day-time in the highway out of
jthe city; and the perfon fo threatened kill him who thus flrikes with
the fword, or lifts the club, nothing is incurred; becaufe, as finking
with a fword affords no room for delay or deliberation, it js in this
Icafe neceffary to kill the perfon in order to repel him; and although,
jin the cafe of a club, there be more room for deliberation, yet in the
night-time affiflance cannot be obtained, and hence the perfon threatened
is in a matinzr forced, in repelling the other’ s attack, to kill him;
| (and fo like wife where the attack is made during the day-time in the
[highway, as there affiflance cannot readily be obtained.) Where,
jt erefore, a perfon thus flays another, the blood of the flain is of no
account.
P p 2 If