upon his forming a regifter, ordained that thofe who were regiftered
fliould be liable for the fines of all who were enrolled with them,—
and this in the prefence of the companions, none o f whom oppofed it;
whence it may be inferred that they were unanimous in their opinion
upon this fubject. With refpedt, moreover, to what Shafei alleges,
that, “ if the fine were levied upon any others than the relations and
“ tribe of the flayer, it would induce a deviation from the inftitutes
“ of the prophet in this particular,” — it may be replied that this is
not a deviation, but rather a confirmation of an ordinance prevailing in
the time of the prophet; for at that time the fine was levied upon the
aiders and ajfociates o f the party; and in thofe days aid and afifociation
originated from a variety of caufes, fuch as relationfliip, clientage, and
fo forth ; but in the time of Omar aflociation became regarded according
to regifter; (in other words, thofe who were enrolled together
ftood as the afliftants of each other ;) and hence it was that he appointed
the fine to be paid by them,— nor did he reverfe any ordinance
of the prophet in fo doing. The regulation of paying the fine
within three years is for this reafon, that fuch was the ordinance of the
prophet and (after him) of Omar; and alfo, becaufe the troops receive
their pay annually, whence if the whole fine were levied at once
it would be diftrefsful, rather than alleviating.
oi altogether, I f , after the Kdzee decreeing a fine, the Sultan diflburfe no pay
of three*1 end to the enrolled for three years, and then give them three years pay at
years, they oncc the whole fine is at once deducted, provided the pay be on acg
e t t h e i r 7 1 1 ' _
whole arrear count of the years fubfequent to the Kdzee's decree of fine; becaufe
at once. js j ue ;a v;rtae of his decree, (as fhall be hereafter explained;)
and it is exafted in three years folely becaufe the pay is dilburfed only
once a year; and where the pay for three years fubfequent to the
Kazee's decree is iffued at once, the whole fine is at once exacted, fince
the defign was, that it fhould be apportioned to the pay of three years
relpe&ively, which defign is here accomplilhed. If, on the contrary,
(after
(after the Kdzee decreeing the fine,) the Sultan pay the arrears of
antecedent years, nothing is to be deduced therefrom, as the fine is due
only in virtue o f the Kazee's decree.
W here a complete fine is incurred*, one third of it is due in the Regulation
firfi year, one third in the fecund year, and the remaining third in the Z‘ tteUmet
third year. Where, on the other hand, a third only of the fine is in- of Payment-
curredf, or leLsJ, it is due within the year; and any thing beyond
that to the amount of two thirds § is due in the fiecond year; and
whatever is incuri'ed from two thirds to any thing fliort of the complete
fine [| is due in the third year.
A n y fine due from the Akilas, being the tribe or family of the xhree
flayer, or from the eftate of the flayer (as where a father wilfully are alib aI-
murders his Ion) is payable from the property of the Akilas, or o f payment,
the flayer in three years. Shafei maintains that a fine due imme- 'muZ Ire
diately from the flayer is payable upon the inftant; for, as the delav of c,omPofed of
, i • j r , r . . . . . .. J the offender’s
three years is deligned for an alleviation to the Akilas, it cannot there- kindred,
fore apply to a w ilful cafe. T h e argument of our do&ors is that the
impofrtion of a fine in compenfation for life is contrary to analogy,
fince between life and property there is no proportion;— but yet as the
l a w , in fixing the delay, has declared itfelf upon this fubjedt, it can-
pot be departed from;— and therefore the payment is deferred, and not
immediate.
If ten perfons flay one perfon b y mifadventure., one tenth o f the where
fine is due from the Akilas o f each, refpectively, payable in three o f
years; for each tenth is a portion of the whole fine; and, as the whole ^ « " c d L
* -As in the cafe o f homicide by.mifadventure. f .A s.in the cafe o f a fm gle cu t.
t A s m cutting a fin g er. § A s in the cafe o f-tiw cuts.
11 A s in the cafe o f three cuts.
M m m 2 is