A houfe may
be let to hire
any where
out of a city
for the pur-
poie of a pagoda
or a
church.
A Muffulman
may carry
wine for an
infidel, and
receive wages
for fo doing.
at ;t time of tumult, fince in that inftance the evil is eftablifhed, and
exifts in the original thing, arms being the inftruments of fedition and
rebellion.
I f a perfon let a houfe to hire in a village, or in the neighbourhood
of a city, in order that the leflee may convert it into a pagoda,
or a Chriftian church, or that he may fell wine in it, it is immaterial,
according to Llaneefa. T h e two difciples hold fuch leafe to be improper,
as tending to promote fin. T h e arguments adduced by Ha~
veefa are, that the compaft is formed with a view to obtain profit from
the houfe, which becomes due immediately upon the delivery; that
the guilt exifts only in the aft of the leflee; and that, as he is a free
agent, no crime of his can therefore be reflefted upon the leflor. T h e
reafon of reftridting the place, in this inftance, to a village, or the
neighbourhood of a city, is becaufe it is illegal to let out a houfe in a
city for any of the aboVementioned purpofes, as there the light of the
Muffulman religion is fuppofed to blaze, which is not always the cafe
in other places. The learned, however, have faid, that this refers
only to the neighbourhood of Koofa, becaufe many infidels refide
there: but that in any other place where the Muffulman religion
prevails it is unlawful. This latter opinion is the moft authentic.
I f an infidel hire a Muffulman to carry wine for him, and afterwards
pay him for his labour, the money fo obtained is lawful to the
Muffulman. T h e two difciples have faid that it is abominable, as
being the inftrument of fin, and likewife becaufe the prophet (according
to the Rawayet Saheeh) has denounced -curfes upon ten feverai
people who are concerned in wine, amongft whom are they who
carry it. T h e argument of Haneefa is, that the fin lies only in the
drinking of it, which is the aft pf a free agent; that the carrying it is
no ways allied to the drinking of i t ; and that the objedt of the porter
is not that another fhould drink it, but only that he himfelf ftiould
obtain
obtain the reward of his labour:— and with refpedt to the tradition
above alluded to, it refers only to a cafe where the wine is carried
with intent to promote fin.
T h e r e is no impropriety in the fale of the walls of the houfes at
Mecca, but it is abominable to fell the ground on which they (land, ground and
This is the opinion of Haneefa. The- two difciples have faid that at
the ground of Mecca may likewife be fold1; and it is alfo related that
Haneefa accorded in this opinion; becaufe in the fame manner as the
houfes are property, fo likewife is the ground. T h e real opinion of
Haneefa, however, is that it is improper; becaufe the prophet has ■
faid, “ M e c c a is facred, and the houfes there can neither be fold nor
“ inherited." Mecca, moreover, is facred, as being a dependancy of
the Kàba, and the place where reverence is particularly lhewn to it ;
whence it is not lawful either to hunt at Mecca, or to cut the thorns
or grafs which grow there, (except when they have faded and become
parched;) or to lhake the leaves off the trees growing
there.
I t is abominable to let the ground at Mecca, becaufe the prophet
has faid, •“ Whofoever hires out the ground o f M e c c a is guilty o f ufury.
“ whoever has ufe fo r the ground at ‘M e c c a , let him r e f de in it-, and
“ whoever poffeffes more than is fu ff dent fo r his own purpofes, let him
■“ befow it upon others.”
I f a perfon take from a merchant fomethitig he may have occa-
fion for, .and leave .with him a certain number o f dirtns (for example) B.
he is guilty of an abomination; becaufe, in thus taking what he
wants, he derives an advantage from a loan, (namely, the money he
leaves with the merchant;) and the prophet has prohibited us from
.taking .intereft . on loans. He muft therefore firft: depofit the dirtns
with