is only in half the proportion. The argument o f our doctors is that
the prophet has faid, “ fh e fine fo r a 'woman is h a lf the fine fo r a
“ man','’ and as this precept is thus unreftribtedly expreffed, it
therefore comprehends all cafes, and is coufequeiitly a fufficieut refutation
of Shafeis opinion. Befides, the rank of a woman is lower
than that of a man, and fo likewife her faculties and ufes\ and as an,
effeft of this appears in the fine for a woman’s perfon, (that being
only one half, according to all authorities,) fo in the fame manner it
is one half for the members-, as well as for the perfon,— and the fame
in all cafes where it exceeds one third of the whole.
!
and that for T h e fine for a Zimmee is the fame as for a Muffulman. Shafei fays
thf ftm'eas that the fine for a Jew or a Chrifiian is four thoufand dirms, and for
fornMuflul- an isolator fix hundred. Malik, on the other hand, fays that the
fine for a Jew or a Chrifiian is half the fine for a Mujfulman.. Our doctors,
however, fupport their opinion upon a faying of the prophet,
“ I ’he fine fo r every Z immee is one thoufand D e en ar s ,” which precept,
being generally expreffed, places all upon an equality.
S E C T I O N .
8 . whereI
O f F i n e s fo r Offences not affeBing L i f e .
A complete
fine is required
for the
nofe, the
tongue, or the
•virile member)
T h e cartilage of the nofe requires a complete fine; and fo likewife
the tongue and the virile member; becaufe the prophet has faid,
“ A fine is due fo r life, and fo r the nofe, and fo r the tongue." It is,
moreover, a rule, with refpeft to the members of the body, that
where one o f the- faculties [bodily or mental] is deftroyed, or the
beauty of the countenance effaced, a complete fine is due; becaufe
this is a deftruflfion of the perfon, in one fhape, which is held tantamount
to a deftrudtion of it in every fhape,. out of refpeft to m a n .
I f the bone of the nofe be ftruck off, together with its cartilage,
fill a Jingle fine only is due, and no- more, the whole forming only
one. member. In the fame manner alfo, i f the whole tongue be, cut
out, a fingle fine is due, as a defirable.faculty (namely, fpeech.) is
thereby loft. A complete fine is likewife due if a fa r t only of the
tongue be cut off, provided the power of fpeech be utterly deftroyed,
for in this cafe the m.oft defirable ufe of the tongue is loft, notwith-
ftandino- the inftrument of fpeech ftill remain. Lawyers, however,
have remarked that if the perfon continue to poffefs the power of pronouncing
feme of the letters, the fine is levied proportionably.— (Some
hold that it is in this cafe to be levied in the proportion which the
dental lettersTear to the reft.)— Lawyers alfo fay that if the perfon be
ftill capable of pronouncing moft of the letters, the fine muft be determined
by arbitration * ; becaufe the ufe of fpeech is to communicate
ideas, which "end is ftill anfwered ;— but yet an impediment is bcca-
fioned in the utterance, which requires an equitable recompence.— If,,
on the contrary, the perfon be rendered incapable of pronouncing
moft of the letters, a complete fine is due, fince here it is evident that
the ufe and intention of fpeech is not obtained.
I f a mail hit another a blow upon the head, fo as to deprive him
of reafon, a complete fine is due, as the perfon is thereby deprived of
the power of attending either to his temporal or eternal concerns. So
likewife, if a perfon be by a blow deprived of any of the fenfes, fuch
* Arab. Yawjiho H akoom it-al-adil\ literally, “ an award o f equity, is due.” H a hom it-
al-adil (the award o f equity) is a technical plirafe, which occurs frequently in the fequel,
and is fometimes rendered, by the tranflator, an arbitratory atonement,
and alfo, for
a p a r t of the
tongue, i f the
power of
fpeech be deftroyed
; (or,
in proportion
as it maybe
injured j)
and for a blow
which, in its
confequence,
deprives the
perfon ftruck
of his reafon,