the excluftye dedication of the building to the fervice of G o d , as in the
cafe of mofques erefted by M ujfu lm am and as an infidel place of wor-
Ihip is not dedicated to G o d , indifputably, it therefore ftill remains the
property of the founder, and is' confequently inheritable [in common
with his other effects;]— whereas a bequeji, on the contrary, is ufed
for -the very purpofe of deftroying a right of property.
THfi bequefts of Zimmees are of four kinds*.— I. Thole made for
purpofes held pious in their belief, but not in the belief of Mujfulmans,
fuch as the building a church or a fynagogue, (as already mentione'd,)
• or the (laughter of hogs to feed the poor of their fe£t; in which
cafes Haneefa holds the bequeft to be valid, in conformity with the
faith of the teftator, whereas the. two difciples deem it invalid, as
being finful.— II. Thofe made for purpofes held pious with Mujfulmans,
but not with Zimmees, fuch as the eredtion of a mofque, a pilgrimage
to Mecca, or burning a lamp in a mofque, in all of which in-
ftances the bequeft is invalid in conformity with the belief of the teftator,
according to all our doctors; unlefs, however,*t8t be made in
favour of fome particular perfons, in which cafe it' is valid, as under
fuch circumftance it is an inveftiture, the mention of “ building a
mofque," or fo forth, being confidered merely in the light of a counfel,
— (in other words, as if the teftator had bequeathed his property to
particular perfons, counfelling them therewith to eredt a mofque.)
111. Thofe made for a purpofe held pious both by Mujfulmans and
Zimmees, fuch as burning a lamp in the holy temple [of Jerufalemf
or waging war agaitift infidel 'Tartars-j-,— which are valid, whether
made in favour of fpecific perfons or not.— IV. Thofe made for pur-
pdfes not held pious either by Zimmees or.,Mujfulmans, fuch as the
fupport of lingers and diflblute women,— which are invalid, as being
* T h e diftindtions here Hated apply fo lc ly to bequefts for particular purpofes.
f Koofr al Toork: the name by which the bands o f robbers who ufed to infeft the northern
provinces o f Perfia were formerly diftinguilhed.
'of
C h a p . V .L T V I L L -S. $37
•of a finful tendency;— unlefs., however, they he made in favour of
particular perfons, and then they are valid,
A s e n s u a l i s t * , or an innovator p , provided he proceed not to The will of a
■ open and avowed infidelity, ia, in pqint of bequeft, in the fame ftate
with a perfect believer, becaufe the law regards only his apparent thefameasof
ftate, which is that, of a Muffulman: but if he proceed to open infi-
delity, he is then confidered as an apoftate, and with regard to his “eedto^vow-
will there is a difference of opinion, (in the fame manner as our doc- edapoftacy.
tors have differed with regard to-every other deed of fuch perfons,,)—
Haneefa holding that in this cafe his bequeft remains in fufpenfe, and
becomes valid upon his repentance, or null upon his death or expatriation,—
and th? two difciples (on the contrary) maintaining that it is
in every refpedt valid |.
T h e will o f an apoftate woman is valid. This is .approved; be- The will of-»
caufe women in fuch cafes are left to themfelves, and not put to death fcmale aPoi-
■ t r r - „ * r 9 ta t e is v a l id . as in the cale or men §.
If a Mooflamin bequeath the whole of his property to a Muffulman AMmflamin
o ra Zimmee, it is valid ; for a bequeft of the whole o f an eftate is may tber
i i ’ii t i • yv* J i queath the
deemed illegal only as it affeifts the right of the teftator’s ' heirs; «'W«»fhis
(whence it is that i f they .aflent fuch bequeft is valid ;) but the heirs propert5I:
of the Moojldmin are poflefled of no cognizable rights, they being, as
it were, dead, fo far as relates to the Muffulman government, becaufe
of their being in a hoftile country, Befides, the property o f a Moofld-
'* A rab . Saliib-al-hawa. Hawa fignifies the fenfual.paffions, a complete eonqueft over
which is effential to the charadter o f a good MuJJiilman.
t Arab. Sahib-al-biddat. A free-thinker or feftary.— A broacher o f new and hetero-
dox opinions in matters o f faith.
% F o r a full explanation o f this fee V o l. I I . p. 2 3 6 ; : § See V o l. I I . p.. 227.
V o l . IV. ^Z, z zV ' nu*n