334 F I N E S .
or o f any o f
his fenfes;
and for the
heard or the
hair o f the
fcalp.
(Fine for (he
n .vhijkers
as feeing, hearing, fmelling, or tailing, a complete fine is due, all
thefe being defirable faculties;— and it is, moreover, related of Omar,
that he impofed a quadruple fine for a Angle blow, in a cafe where it
had deprived the perfon of reafon, and of the power of fpeech, fight,
and hearing.
If a perfon tear out the beard of another, fo as that it never afterwards
grows, a complete fine is due, becaufe the beauty of the countenance
is hereby effaced; and the fame is likewife due for tearing out
the hair of the head (fo as to prevent its future growth) for the fame
reafon. Shafe'i maintains, that for the hair of the beard or head an
arbitrary fine only is due, becaufe thofe are not an original part of
man, but fupervenient and excrementitious, infomuch that in many
countries it is cuftomary to cut them off. T h e argument of our doctors
is, that the beard is ornamental to the human countenance, and
neceflary to its beauty; and as, by the deprivation of it, beauty is
confequently effaced, a fine is due for it, in the fame manner as for
cutting off the cartilage o f the ear, and for the fame reafon;— and fo
likewife of the hair of the head. With refpedt to the beard o f a fiave,
it is recorded from Haneefa, that the penalty for tearing it out is the
full value of the Have. According to the Zahir Rawdyet, however,
nothing more is due than merely the defeat occafioned in his value;
becaufe the ufe of a {lave is to work and perform fervice, which does
not require beauty.
If a perfon tear out the whifkers of another, fo as that they never
afterwards grow, an arbitratory atonement is due.- This is approved
; becaufe, as the whifkers are a dependant of the beard, the
tearing them out is therefore fubjedt to the fame rule as tearing out a
part of the beard.
F I N E S .
If a perfon tear out the hair of another’s eye-brows, a complete
fine is due; and half a fine for tearing out the hair of one eye-brow.—
According to Mdlik m i Shafei an arbitratory atonement is due in this
alliance. T h e arguments have been recited at large in treating of the
beard.
A complete fine is due for the two eyes, the two hands, the
two feet, the two lips, the two ears, ,and the twotefticles;—and for
one of either an half fine is due; becaufe the prophet wrote a letter to
Omar, fignifying that “ fo r the two eyes a complete fine is due, and an
“ halffine fo r one eye;” and alfo, becaufe, as by the l'ofs of both the
fellow members, in the instances above mentioned, either one of the
facilities is deflroyed, or beauty is totally effaced, a complete fine is
confequently due; and as, by the lofs of one of them, an half o f the
faculty is deflroyed, or an h a lf of the beauty effaced, an h a lf fine is
therefore due.
F or the two breafls o f a woman a complete fine is due; and an
half fine for one breaft, for the reafon before mentioned. For the
two nipples, alfo, of a woman’s breafls a complete fine is due; and
for one of them a half fine ; becaufe the faculty of prefervino- t-he milk
and giving fuck is completely deflroyed in the former inflance; and it
is alfo deflroyed in one half in the latter inftance.
F or the four eye-lids a complete fine is due; and for any onobf
them a quarter of the complete fine; becaufe by the lofs o f the whole
beauty is completely effaced, and a natural advantage is alfo loft,
namely,, that of preferving the eyes from external fubilances. A s ,
therefore, a complete fine is due for the whole, being four in number,
a quarter of a fine is confequently due for one, an half for two,
and three quarters for three;— and it is the fame whether the
whole eye-lid he taken off, or only the eye-lafh and edge of
the lid. ■
335
or eye-brows.)
A complete
fine is like-
wife required
for any two
fellow-parts-
or fellow-
members o f
the body-; and
an h a lf fine
for any one of
them $
and the fame
for the bread»
or nipples o f
a woman.
and alfo for
the four eyelids.