Camels maft
be flain by
N a h r , rather
than by Z a b -
b a h .
again, fay that as the impracticability of the Zabb ah Ikhtidree, (which
is allowed to be a valid argument,) exifts in both thefe cafes, it follows
that the fubftitute, namely, Zabbah Jztirdrpe, may.be adopted:
nor is what hë óbferyes (that “ fuch inftances. are rare") admitted :
on the contrary, they very frequently happen. In Kadoóree,"mote-
over, it is exprefsly faid that it is lawful to ufe the Iztirarec Zabbah
towards all animals that fly from man;— and it is reported, from Mo-
hctmrned, that i f a goat become wild in the plains, the Iztiraree Zabbah
ïs lawful With refpeCt to i t ; but if it become wild in the city, fhe/«-
tirdree Zabbah is not lawful, becaufe in the city it may be caught, and
confequently the Ikhtidree Zabbah is not impracticable. With refpeCt
to cows and camels, however, the city and the plains* are alike; becaufe
thefe animals attack, with their.horns or their teeth, any perfon
that attempts to catch them;-whence it is' impoffible to catch them,
even though it be in the midft of the city that they have become wild;
and the Ikhtidree Zabbah is therefore impracticable. When, alfo,
thefe animals attack a man, they are confidered as wild, provided it
be not in his power to catch them; wherefore i f one of them fhould
attack- a man, and he with an intention of Zabbah kill it, the flefh of
it may be eaten lawfully.
T he mod eligible method of flaying a camel is by Nahr, that is,
fpearing it in the hollow of the throat, near the breaft-bone, becaufe
this is agreeable to the Senna, and alfo becaufe in that part of the
throat the veflels of a camel are combined. It is alfo lawful to flay it
by Zabbah, although this be confidered as abominable, fince it differs
from the Sonna. In regard to goats and’ Oxen, it. is mod eligible to
flay them by Zabbah, as being agreeable to the Sonnet, and alfo becaufe
the veflels of a goat are aflêmbled together, in the upper part of the
throat:— but they may alfo be fpearedlike a camel, although this me-
. thod be not approved, as being contrary to the Sonna.
If a perfon, having flain a camel or cow, fhould find a dead foetus
in
The fetus of
a flain animal
in the womb, fuch foetus is unlawful, whether it be covered with
hair or not. - This is the opinion of Haneefa; and it has been adopted
by Ziffer and Hafan bin Zeeyâd. The two difciples maintain that if
the foetus be complete in its form, it is lawful; (and Shafei concurs
with them in this opinion;) becaufe the prophet has ordained the
Zabbah of a foetus to be the Zabbah of the mother; that is to fay, the
Zabbah of the mother anfwers for that of the foetus likewife. Befides,
the- foetus is, in reality, a conftituent part of the mother, as it is
joined to her until feparated by a pair o f fciflars or knife, fubfifts on
the fame food, and lives by the fame breath ;— and it is likewife confidered
as fuch in law, infomuch that it is included in the fale'of the
mother, and is rendered free by the emancipation of the mother. T h e
foetus, therefore, being a conftituent part o f the mother, it follows
that the Zabbah o f the mother ferves alfo for it, when a feparate
Zabbah is impracticable, in the fame manner as a wound in the cafe
o f game ferves as a fubftitute for Zabbah. Haneefa, on the other
hand, argues that a foetus is complete with refpeCt to life ; that is to
fay, that it has a feparate exiftenCe, inafmuch as it may furvive after
the death of the mother, whence it is that a feparate Zabbah is necef-
lary, in cafe of its being alive. Moreover, i f a perfon deftroy a foetus
he is fubjeCt to a pecuniary penalty ; and the owner of it may emancipate
it alone, without including the mother. It is alfo lawful to
bequeath it in legacy, or to leave a legacy to it. Befides, the objeCt
of Zabbah is to feparate the blood from the flefh ; an objeCt which
cannot be accomplifhed, in the cafe of a foetus, by the Zabbah o f the
mother alone.. It, is. otherwife with refpeCt to wounding game, as in
that cafe the blood is feparated from, the flefh, and though it be in an
imperfeCt manner, yet as any other mode is impracticable, it is there-
fpre confidered. as Zabbah. A foetus, moreover, is included in the
fale of the mother, becaufe the fale would otherwife be invalid, and
from this neceffity it is included. And it is .likewife rendered free by
the manumiflion of the mother, in order that a bond-infant may not
be born from a freed-woman.
V ol. IV .
i s not lawful.
L SECTION.