be defrayed
from the
public treasury.
Cafe of a
K a z e e dif-
mifl'ed after
having received
his allowance.
Kazee of Mecca, appointing him his allowance from the public
treafury there; and he alfo nominated Alee to be Kazee of Yemn,
appointing him his allowance from the treafury there.— Belides, as a
Kazee is, by the nature of his: office, confined to the bufinefs of
guarding the rights of MuJJiilmans, his maintenance is therefore
drawn from their property, (and the public treafury is the property
o f the MuJJulman community;) for a confinement to any particular
office or duty entitles to maintenance; as holds in the cafe of an
executor, or a Mozdribat fadtor who travels with the flock.— It is
to be abferved, however, that the propriety of the Kazee receiving
his allowance from the public treafury is only where he takes it
in a fatisfadtory manner, without any condition; for if he ffiould
refufe to undertake the office, unlefs the fovereign allow him a
certain lalary, it is unlawful; becaufe he in fuch cafe demands a
reward for the difcharge of an act of piety; for fuch the office of a
Kazee is; nay, the exercife of jurifdidtion is the nobleft fpecies of
devotion.— It is alfo proper to remark, that if a Kdzee be poor, it is
moll eligible, or rather incumbent on him to receive his maintenance
from the public treafury; for otherwife he would be unable to fup-
port the dignity of his office, from a neceffary attention towards
the concerns of his fubfiftence. If, on the contrary, he’ be rich,
fome deem it moft eligible that he fliould not receive his allowance
from the public treafury; whilft others maintain that it is incumbent
on him fo to do. The latter is the better opinion; becaufe
otherwife the office might be rendered low and contemptible; and alfo
-becaufe, i f an indigent perfon fliould fucceed a rich Kdzee, it would
. then be difficult for him to procure a falary, as that had been, perhaps,
.for a long time relinquilhed.
If a Kdzee, having poffeffed himfelf of one year’ s allowance,
fhould-be difmiffed from his office before the expiration'of that year,
there is in. this cafe a difagreement amongft our dodlors, in the fame
7 manner
manner as they have differed in opinion where a wife dies in a fimilar
predicament *. The better opinion, however, is that he fliould re-
ftore the excefs.
Female Haves
may travel
withoutbeing
attended by a •
kinfman.
T here is no impropriety in a female flave or an Am-Walid travelling
without being attended by a kinfman; becaufe a ftranger (as
has been already explained) is confidered the fame as a kinfman with
refpedt to looking at or touching a female flave; and an Am-Walid is
alfo a flave, as being property, although Ihe cannot be fold.
* See Vol. I- p. 399*
B E D A T A .