the time of the perfon in queftion being found flam, the houfe, which
had belonged to him, is become the property of his heirs, and is (in
faff) in their pofleffion ; ' whence his Akilas are accountable for the
fine, as aforefaid. It is otherwife in the cafe of a Mokdtib; for if a
Mokatib be found flain in his own houfe, the houfe ftill remaining
(virtually) in his poffeflion after his deceafe, he is therefore accounted
to have flain himfelf, and confequently, his blood is of no
account.
One of two If two mien refide in one houfe1, and one of them be found flain
refidents m * thel-ein Aboo Toofaf is of opinion that the fine for him is impofed on
houle being . . . 1 . .
found flain the other. Mohammed, on the contrary, maintains that the other is
fine7 is im- net fubjedt to any thing; for it is as poflible that the deceafed flew
pofedon the h;mfelf a® that he was flain by the other ; and therefore the fine can-
other. J
■ not be impofed becaufe of the doubt. T o this Aboo Toofaf replies, that
as it is not probable a man thould commit violence upon himfelf- the
bare apprehenfion of fuch a thing is therefore of no weight in this
inftance, any more than where a perfon is found flain in the highway,
■ or elfewhere.
Cafeofaper- If a perfon be found flain in a village belonging to a woman, the
ton being oath, according: to Haneefa and Mohammed, is adminiftered to the
found flain m 7 . ^
a place be- woman fifty times repeatedly, and the fine is impofed upon her
£ yK u Ë | Akilas, (that is, her neareft paternal relations.)— Aboo Toofaf maintains
that the oath alfo is impofed upon her A kilas; becaufe it is not
incumbent on any to fwear, excepting fuch as are. coadjutors ; and as
a; woman is not o f that defcription, ftie therefore ftands in the fame
predicament with an infant, and confequently, like an infant, cannot
be required to fwéar. T h é argument of Haneefa and Mohammed is,
that the oath is impofed with a view to repel the fufpicion of murder;
and as fuch fufpicion exifts with refpeft to the woman in queftion, it
is therefore incumbent on her to fwear. Our modern lawyers remark
mark that women are not aflbeiated with their Akilas, in paying the
fine, in any except this one inftance.
If a perfon be found flain in lands belonging to any one, and fitu-
ated near a village, and the proprietor be not an inhabitant of the
village, he is refponfible, as the regulation and guard of thofe lands
reft upon him.
or in lands
fltuated near
a village.
H E D A T A .