Retaliation is
not in Sifted
for a wound,
until after the
wounded performs
recovery.
The fine for
offences,
and
compojitions
for offence,
are to be discharged
by
the offender.
A father
murdering
his fon incurs
a fine payable
in three years.
whole man, whence the cafe is the lame as if he had {lain him
at the firft.
If a perfon [wilfully] wound another, retaliation muft not be in-
flided until the wounded perfon fhall have recovered ; becaufe the
prophet has faid, “ In the cafe o f wounds a delay rnufi be obferved for
“ one year%" and alfo, becaufe regard is paid to'tht ultimate-confe-
quence of a wound, as the award for it is at prefent unknown, fmce it
is poffible that it may prove fatal, and confequentl'y that the ad may
prove to be murder. T h e award, therefore, for a wound is not fixed
until it be healed.
In all wilful offences, where retaliation is remitted becaufe of a
doubt, a fine is due from the property of the offender; and all com-
poftions for offence, al.fo, fall upon the property of the offender;—for
the prophet has faid, “ 'The A k i l a s are not to pay the fine fo r a wilful
“ offence, nor the fine o f a fiave, nor a eompoftion fo r offence, nor a fine
“ incurred by acknowledgment, nor any thing Jhort o f the fine fo r a
“ M i w z i h a wound.” — It is to be obferved, however, that in the
firft of the above cafes (where retaliation is remitted becaufe of a
doubt) the fine is payable in three years; for as the offence, in this
inftance, is analogous to manftaughter or homicide by mifadventure,
becaufe of the doubt, the fame delay is therefore granted in the payment
of the fine. In the cafe of compofition, on the Contrary, it is
due upon the inftant, being rendered obligatory by a particular con-
trad, in the fame manner as the price of the goods in a contrail of
fale.
If a father wilfully murder his fon, a .fine is due from his property,
payable in three years. Shafei maintains that it is payable
upon the inftant. T h e argument o f our doctors is, that in all cafes
of offence the l aw has granted a delay in the payment of the fine;
and the precepts of the l aw are not to be fet afide, efpecially to countenance
tenance an aggravation, which the immediate exaction of the fine
would amount to.
T he fine for any offence eftablifhed upon the acknowledgment Afineincnr-
of the offender, is due from his property, his acknowledgment not quenceof^c-
being regarded with refped to his A kila s; becaufe o f the faying of k“°wiedg-
the prophet before quoted, and alfo becaufe the effect of an acknow- paid by the
ledgment cannot extend beyond the acknowledger himfelf, (he ledger"^
having no authority over others,) arid therefore does not affed his
Akilas.
W i l f u l murder committed by an infant, a lunatic, or a perfon wilful mur-
occafionally infane, [Matoob,] being the fame as homicide by mifad- byan
venture, the fine for it is due from the Akilas, and fo likewife every natic, reT
other fine incurred by fuch perfons to the amount of five hundred payableby6’
'£fms a»d.- upwards. Shafei fays, that wilful murder by thofe perfons
comes under the conftrudion of wilful, iufomuch that the fine for it
is due from the property of the perpetrator; becaufe the ad was wilful
undoubtedly, as the term wilful applies to any thing done by intention
and with defign; and retaliation is remitted in this inftance
fplely becaufe perfons of the above defeription are not liable to any
corporal inflidion,— which argument, however, does not apply to
their property, whence it is that expiation is required of them. The-
arguments of our dodors upon this point are twofold.— F ir s t , it is
recorded of Alee that he once decreed the fine incurred by a lunatic to
be paid by his Akilas.— S e c o n d l y , an infant or lunatic, is an ©bjed
of compaflion ; and as an adult, or a fane perfon, is entitled to an
alleviation, infomuch that his fine is paid by his Akilas, it follows
that thofe are likewife entitled' to an alleviation a fortiori. With re-
refped, moreover, to what Shafei fays, that “ their ad is w ilfu l,"
it is. not, admitted; for will depends upon knowledge; and knowledge
depends upon reafon, which in a lunatic is altogether wanting and
in