a litigant. T h e argument of Haneefa is that the people of the place
in queftion Hand as litigants, they being accounted the murderers*,
becaufe of their remiffnefs in preferving the peace ; whence their tefli-
mony is not to be admitted although they fliould be at the time freed
from litigation ;—in the fame manner as where an executor accepts of
his appointment, and, after being difcharged from his truft, offers to
give evidence,— in which cafe his teftimony is not admitted. Our
author remarks that the judgment on a great variety of cafes is determined
by what is here ftated.
inhabitant. ^ ^e‘rs °*" ^le Aain lay their accufation again ft any individual
o f a place, and two inhabitants o f the place offer to bear teftimony in
fupport of fuch accufation, it is not admitted ; becaufe here they are
themfelves immediately under profecution, (as has been already ob-
ferved,) and are defirous to free themfelves from it, whence their
evidence is liable to fufpicion. It is recorded from Aboo Toofaf that in
this cafe thofe two are to fw e a r f to this effeift, “ by G od I did not
“ kill him, without adding more ; becaufe [in offering to bear teftimony
as above,] they have already declared that they know the
murderer.
tngof°z dy" a man be wounded among any tribe, or In any place, and it be
wound re- not known who ftruck him, and he be carried to his own houfe, or
placer “ ea”y t0 anf fituation out of that place, and there die of his wound; in this
pUcelrtac-1 Cafe’ (Provided he have continued bedridden until the time of his death,)
countable. the oath and fine are impofed on the people of the faid place or tribe
according to Haneefa. Aboo Toofaf maintains, that neither the oath
nor the fine are impofed in this inftance ; becaufe the injury received
in the place, or among the tribe, was not murder, but fomething lefs;
* Of the perfon found flain in their place or divifion.
t Upon being called on (in common with the other people of the place) to take the
oath of KiJJamit.
and
arid as the oath and fine are not impofed in any inftance fhort of murder,
it follows that they are not required in this inftance, any more
than where the deceafed had not continued bedridden from the time
of receiving the wound. T h e argument of Haneefa -is, that upon
the wounded perfon dying of the wound, it [the wound] becomes
murder;— whence it is that retaliation is incurred where a perfon
wilfully wounded dies of his wound, and the wounder is known.—
If, moreover, the wounded perfon remain continually bedridden until
death, his deceafe is attributed to the wound: but i f he fhould have
been able to.rife from his bed, it is poffible that he may have died of
fomething elfe than the wound; and confequently the oath and fine
are not impofed, becaufe of the doubt thus engendered.
If a man find a perfon wounded, but ftill having a little life in
him, and carry him on his back to his own houfe, and the wounded
perfon die there after a day or two, or whilft he is carrying him
thither, he is not refponfible in the opinion of Aboo T oofcf; although,
in analogy with the opinion of Haneefa, he would be refponfible, as
the deceafed is thus found in his hands. T h e arguments on both fides
have been already recited.
If a man be found flain in his own houfe, the fine for him is impofed
on his Akilas, in behalf of his heirs, according to Haneefa.—
Aboo Toofcf, Mohammed, and Z ijfer, maintain that nothing whatever
is due in this inftance ; for as the houfe was in the pofleffion of the
deceafed at the time that he fuftained the injury which occafioned his
death, he is therefore confidered as having flain himfelf,— whence his
blood is of no account. T h e argument of Haneefa is, that KiJJamit
is impofed only on account of a perfon being found fa in , not on account
of a perfon'being wounded-, (whence it is that i f one of the
Akilas fhould die between the time of the perfon being wounded, and
of his deceafe, his eftate is not liable for any part o f the fine;) and, at
the
C a f e o f a p e r -
f o n f o u n d
w o u n d e d , a n d
d y i n g in t h e
h a n d s o f t h e
f i n d e r .
A p e r f o n Beri
n g f o u n d
f l a i n i n h i s
o w n h o u f e ,
t h e f in e i s im p
o f e d o n h i s
J k ila s.