lie is .attached to man; but his cuftom is to tear and eat; and confequently,
when he preferves game and" does not eat it, it is a fign of
his being trained.— It is to be obferved that the condition here recited,
of a dog defifting, and not eating three times, is the doctrine of the
two difciples; (and there is alfo one tradition from Haneefa to the fame
effect;)— and the reafon of it is that, in lefs than three times there is
a probability of the dog’s forbearance having proceeded from fatiety or
Ibme fuch caufe ; but that when he defifts from eating for three different
times, it is a proof that fuch forbearance has become a cuftom;
for this particular number of three is the eftablifhed ftandard for experiments,
and for thedifcovery of an evafion,— in the fame manner as
it is ufed in determining the period of an option. It is alfo recorded to
have been adopted in the ftory of Mofes and Khizz ir * ; for K hizzir,
upon the third inftance, faid, Now there is a feparation between
“ you and me.” Another reafon is that plurality is a fign of knowledge
; and as three is the fmalleft number of plurality -j-, it has therefore
been adopted as the ftandard. In the opinion of Haneefa, however,
as recorded in th,e Mabfoot, a training does not take place, fo
long as the hunter does not conceive the animal to be trained;— and
he holds it improper to fix on the number three; becaufe the fixing
on a particular number cannot be done by the forethought of man, but
muft be regulated by the precepts of the facred writings; and as no
precept has been iflued on this head, it is proper to confign it to the
judgment o f him who is beft acquainted with the matter, namely,
the hunter. According to a former tradition, Haneefa holds the game
o f the third time to be lawful;— whilft the two difciples maintain that
it is not lawful, as the animal does not become trained until after the
third time; and confequently the game of the third time is the game
* This ftory (of which an explanation was given to the tranilator) is probably the
original of P a r n e ll 's H e rm i t .
t Th e A r a b s , having a d u a l number, do not of courfe admit two to conftitute a
plurality..
of
of an untrained animal, and, as fuch, is unlawful; this being like the
aft of a Have in the prefence of his'mafter; in other words, i f a {lave
perform any afts in the prefence of his mafter, fuch as purchafe or
fale and the mafter, feeing and knowing the fame, remain filent, the
Have in that cafe becomes licenced,— not only with refpeft to the aft
in queftion, but alfo with refpeft to every aft which he may afterwards
perform;—and fo like wife in the cafe in queftion. T h e reafon -
ing of Haneefa is, that when the animal takes the game the third
time, and inftead o f eating preferves it, this argues it to have been
trained at the time of taking the game, and confequently the game of
the third time is the game o f a trained animal.— It is otherwife in the
cafe above cited, becaufe licence is a notification, and cannot take
place without the knowledge of the (lave; and the flave cannot acquire
this knowledge until after he has performed the aft, and his
mafter remained filent.
I f a perfon let flip his trained dog, or his trained hawk, and at the
time of letting them flip repeat the name o f G o d , or omit it from
forgetfulnefs, and the dog or hawk catch the game, and wound it fo
that it dies, the game may in that cafe lawfully be eaten.— If, however,
he {hould wilfully, and not from forgetfulnefs, omit the name
of G o d , it is not then lawful to eat the game fo taken. It is mentioned
in the Zdhir Rawdyet that the wounding of the game is a condition
of its lawfulnefs, as it furnilhes the means of a Zabbah Iztiraree.
(The meaning of Zabbah Iztirdree has already been explained in treating
of Zabbah.)
If a dog or panther eat any part of the game, it is unlawful
to eat of fu ch ; but if a hawk eat part of it, itJ may lawfully be
eaten.— The diftinftion between thefe two cafes has already been
explained.
The in v o ca tion
muft be
repeated (or,
at leaft, muft
not be w i l f
u l l y omitted)
at the time o f
letting flip the
hound, Si c.
A hunting
quadruped
eating any
part of the
game render®
it unlawful.
I f