The inhabitants
of a city
are liable for a
fine incurred
by an unre-
giftered refi-
dent from the
defart;
but not un-
lefs he have
a weak nature ; and no attention is paid to the weaker during the exigence
of the ftronger. It is to be obferved that, next in order after
aid by regifer, regard is had to aid by family and relationfloip > and this
is a ground upon which are built a variety of cafes.
If an inhabitant of a city commit a fineable offence, and he have
no pay appointed to him in the public regifter, and the inhabitants of
the defart * be more nearly related to him than thofe of the city, ftill
his fine muft be paid by the enrolled inhabitants of the city. Some
have alleged that the enrolled citizens are to pay his fine, although
there Ihould exift no relationfhip whatever between them; becaufe
the enrolled give aid to all the inhabitants of a place indifferently, and
do not confine it to thofe who are in pay. Others, again, fay that
this relationlhip is a, neceflary condition to paying the fine, as appears
from the ftatement of the cafe, which fays, “ and the inhabitants of
“ the plain be more nearly related to him than thofe o f the city,”—
fince from this it is to be inferred, that the inhabitants of the city are
related to him, but in a more diftant degree. T h e fine, moreover,
in this inflance, is impofed in virtue of relationfhip ; but, as the inhabitants
of the city are more immediately connected with the offender
by vicinity of refidence, and therefore better qualified to afford him
aid, the fine is levied on them in the fame manner as where an infant
has two guardians, one connected with him in a nearer and the
other in a more diftant degree; in which cafe the right of contracting
the infant in marriage appertains to the neareft of the tw o ;— but, if he
be abfent, the right then devolves to the other who is prefent, as being
belt qualified;— and fo here like wife.
If an inhabitant of the defart come into a city, but have no dwelling
place there, the enrolled citizens are not liable for a fine incurred
* Arab. Badia, a general term for all the plains or defarts o f Arabia.
by
by him, as they are not fuppofed to aid any but r e f dent's. In the
fame manner alfo, and for the fame reafon, the inhabitants of the
defert are not liable for the fine incurred by a citizen who may happen
to come among them.
I f a Zimmee kill any perfon, the fine falls upon his Akilas, (Handing
in the fame relation to him as Mujfulman Akilas,) provided he
poflefs known Akilas, who are atcuftomed to pay fines for each other;
for Zimmees have fubmitted to all the Mujfulman ordinances which form
the temporal law, but more efpecially to thofe of a refraining naturej
fuch as punifhment for theft qr fancier, retaliation, and fine. Zim-
rneei1, ; moreover, are the coadjutors of each other ; and confequently
the- Akilas o f a Zimmee are liable to the fine incurred by him. If, on
the contrary, he have no known Akilas, the fine is payable from his
property, within three years from the date of the Razee's decree, (in
the fame manner as holds with refpeft to MuJJitlmans ;)— becaufe the
fine is due from the flayer in the firft inftanoe, and cannot devolve
upon his Akilas unlefs fuch are to be found; and where they do not
exift, it muft remain due from the offender himfelf;— in the fame
manner as where one -of two Mujfulman traders flays another in a foreign
country; in which cafe the fine falls upon the flayer, as the re-
fidents in the Mujfulman territory cannot be fubjefted to it,’ -fince from
them he could not derive aid.
A n infidel is not liable for the fine incurred by a Mujfulman, nor a
Mujfulman for the fine incurred by an infidel; becaufe Mujfulmans and
infidels are not confidered as the coadjutors of each other. - 'Infidels',
therefore, pay the fines incurred by infidels,— and this, notwithftand-
mg any difference of feet.— Lawyers, however, remark that where any
very ejfential difference fubfifts between fedls, (fuch as between Jews
and Chriftians,) they are not liable for the fines incurred by each
other. '
become a re~
J id cn l there.,
Zimmers are-
fubjedt
(among
themfelves)
to the fame
rules as M u f -
fu lm a n s in this
particular.
Mujfulmans
and infidels
are not liable
to pay the
fine for each
other.
V ol. IV. N n n I f