T h e offender
pays his part
o f the fine at
the fame rate
as his Akilas.
Women and
infants are
not liable to
.fine, either as
Akilas,
or as offenders.
is to be obferved, is of three forts or defcriptions ; fubfiftence [/?«/■ ],
gratuity \Kafctyat,~\ and pay \^Atta ;] by the firft of which is under-
ftood the allowance appointed from the public treafury for the fupply
o f immediate neceflaries,— by the fecond, any extraordinary allowance
granted on particular occafions,— and by the third, the annual penfion
or ftipend eftablilhed according to rank and fervice.
T he flayer, in paying the fine, is upon the fame footing with his
Akilas, and muft pay his proportion in the fame manner as any other
individuals for, as it was he who actually Ihed the blood, it would be
unreafonable that he thould be exempted, and not the others. Sbafe'i
maintains that no part of the fine falls upon the flayer; for, as he is
exempted from the whole fine, (becaufe o f his being excufable, as
before obferved,) fo is he from every part o f it. Our doftors, on the
other hand, argue that the reafon of the whole fine not being impofed
is, left it ihould prove ruinous to the flayer; but the fame objection
does not hold to the impofition of a fa r t. With refpeft, moreover,
to what Shafe'i urges, that “ the flayer is exempted from the fine,
“ becaufe of his being e x cu fa b le— it is not admitted; for, i f fuch
were the cafe, it would follow that his Akilas, who were altogether
unconcerned in the homicide, are exempt a fortiori.
F i n e is not impofed on women or infants, who receive fubfiftence
from the ftate; becaufe fuch was the rule obferved by Omar; and
alfo, becaufe fine is impofed only on coadjutors * , in confequence of
their negleft of precaution; and women and children are not coadjutors,—
-whence it is that they are exempted from capitation tax. In
conformity, alfo, with this rule, if the flayer be a woman, or an infant,
* A rab . A h l N oo frit; meaning aH who are in a ftate either to a jjijl o r rejlrain their fellows,
or to defend the community, make war, & c . I t is a technical term, for which we
have no expreffion in our language perfe&ly analogous.— In the inftitutes [V o l . I I . ] it is
ufed to exprefs all thofe w ho, being f it to hear arms, are liable to be -called forth to fervice.
no part of the fine is incumbent upon them. It is otherwife with re-
fpedt to a man; for upon him a part of the fine is levied in confidera-
tion of his being one of the Akilas ; becaufe a man comes under the
defcription of a coadjutor, whereas women or infants do not.— This
(it may be obferved) is at variance with the rule before laid down (in
treating of Kijfdmit, or the adminiftering of oaths in cafes of fuppofed
bloodfhed,) where a dead body is found in the houfe of a woman ; for
in that inftance our modern doctors have included the woman
with her Akilas in the payment of the fine. T ha t, however,
is a particular exception from the general rule, as has been already
remarked.
T he inhabitants of a particular city are not liable to pay the fine Theinhabi-
for the inhabitant o f another city, where the citizens of each are re- ^ °L not
giftered feparately; for fine is impofed in confideration of aid either bv S to the
enrollment or by vicinity; and neither of thofe exift in this inftance \ fonof another
not the former, becaufe the cities are feparately regiftered; nor the: ?heplaceS'te
latter, becaufe the fellow-citizens of the flayer ftand in a nearer rela- 1ftner°nc resi'
tiou to him than the inhabitants o f any other city.
A l l the inhabitants o f a city are liable to the fine for an inhabitant The inhabi- •
of the fuburbs or vicinity; becaufe thofe are dependants on them ^ atarnc t?li.a°fb.laec fjot5rr
having recourfe to them for defence, and for aid in all their under- fine of a
takings. Hence the inhabitants of a city muft contribute to pay the'
fine o f an inhabitant o f the fuburbs, in confideration o f beino- his
neighbours and coadjutors.
If a perfon be refident in one city, but enrolled in another, his In impofing
Arkilas are thofe with whom he is enrolled, and they muft pay his uPon< , . _ - ’ • . " . ■ - *■ J Akilas, rennes,
not his townlmen, the former being his coadjutors, not the gardispaid
latter. In fliort, aid by regifter is of a forcible nature,— whereas aid rathefthanto
by refidence, family, relationlhip, patronage, or manumiffion, is of r‘f'dcm'~
a weak