The Hedaya : Commentary on the Islamic laws

CONTENTS. Introductory address, by the composer of the Persian version of the Hedaya xi PAELIMINARY DISCOURSE xii BOOK I OF ZAKAT Chap. I. Introductory 1 Chap. II. Of Zakat upon Sawayeem : that is, herds and flocks ... 4 Sect. 1. Of the Zakat of camels &c. 4 I Sect. 2.• Of the zakat of horned cattle 5 Sect. 3. Of the Zakat of goats ... 5 Sect. 4. Of the Zakat of horses ... 6 Sect. 5. Of the Zakat of kids, calves and camels colts ... 6 Chap. Ill. Of the Zakat from personal effects 9 Sect. L Of the Zakat of silver... 9 Sect. 2. Of the Zakat of gold ... 10 Sect .. 3. Of the Zakat of personal or chattel property... 10 Chap. IV. Of the laws respecting those who come before the collector 11 Chap. V, Of mines and buried treasures 14 Chap. VI. Of Zakat upon the fruits of the earth 16 Chap. VII. Of the disbursement of Zakat, and of the persons I to whose use it is to be applied Chap. VIII. Of Sadka-Fittir 22 Sect. 1, of the time of r its obligation and discharge 24 BOOK II Of NIKKAH OR MBRRIAGE Chap, I. Introductory 25 Sect. 1. Of the prohibited degrees; that is to say, of women whom it is lawful to marry, and of those with whom marriage is unlawful... 21 Chap. 11 of Guardianship and equality..34 Sect. 1. Of Kafat. or equality. ... 39 Sect. 2. Of a power of agency to contract marriage 42 Chap. III. Of the Mihr, or dower... 44 Sect. I. Concerning the Dower in the marriages of infidels ... 57 Chap. IV. Of the marriage of slaves 57 Chap. V. Of the marriage of infidels 63 Chap. VI. Of Kissm or partition .. 66 BOOK III OF RIZZA OR POSTERAGE 67 BOOK IV OF T ALAK OR DJVORCE. Chap. I. Of the Talak-al-Sonna, or regular divorce 72 Sect. Miscellaneous 7S Chap. II. Of the execution of divorce 76 Sect. Of divorce with a reference to time 78 Sect. Miscellaneous 78 Sect. Of divorce by comparison, and the several descriptions of it 81 Sect. Of divorce before cohabitation 83 Chapt. III. Of delegation of divorce 87 Sect. 1. Of Ikhtiyar, or option 87 Sect.2. Of Amir-ba-Yed, or liberty 89 Sect• 3. Of Masheeat, or will 91 Chap. IV. Of divorce by Yameens or conditional vow Sect• Of Istisna ; that is, reservation or exception 99 V. Of the divorce of the sick VI. Of Rijaat, or returning to a divorce wife • Of Circumstances which render a divorced wife lawful to her husband •t• VII. of Aila III. Of Khoola IX; of Zihar • Of Expiation X. Of Loan, or irnprecation XI. Of impotence XII. Of the edit • Of Hidad, or mourning XIII. of the establishment of parentage • XIV. Of Hizanit, or the case of infant children • Concerning the mother's power of removal Chap. XV. of Nifka, or maintenance Sect. 1. Of the Nifka of the wife Sect,.2. Of accommodations to a wife Sect. 3. Of alimony to a divorced wife & c Sect. 4. Of the maintenance of children ... Sect. 5. Of the maintenance of parents, & c Sect. 6. Of. the maintenance of slaves BOOK V - Of IlTAK OR THE MANUMISSION OF SLAVES. BOOK VI OF ElMAN OR vows. Chap. I. Introductory 150 Chap. II. of what constitutes an oathor vow, and what does not constitute it 151 Chap. Ill. Of Kafara or expiation 153 Chap. IV. Of vows with respect to entrances into or residence in a particular place... 155 Chap. V. Of vows respecting various action; such as coming, going, riding, and so forth 157 Chap~ VI. Of vows with respect to eating or drinking ....'IS8 Chap. VII. Of vows with respeci1to speaking and conversing 163 Sect. Concerning a reference to time in Vows 1'65 Chap. VIII. Of vows in manumission and divorce 166 Chap. IX. Of vows in buying, selling, marriage, . and so forth 169' Chap. X. Of vows respecting pilgrimage, fasting, and prayer 171 Chap. XI. Of vows respecting clothing and ornaments 172 Chap. XII. Of vows concerning striking, killing, and so forth 172 Chap. XHI. Of vows respecting the payment of money 173 Chap. XIV. Of miscellaneous cases 174 BOOK VII - OF HOODOOD OR PUNISHMENTS Chap. I. Of Zinna. or whoredom 176 Sect. Of the manner of punishment, and the infliction thereof 178 Chap. 11. Of the carnal conjunction which occasions• punishment, and of that which does not occasion it ... 182 Chap. III. Of evidence to Whoredom, and of retraction therefrom f', 188 Chap. IV. Of Hidd Shirrub, or the punishment for drinking Wine 189 Chap. V.Of Hidd Kazaf, or the, or the punishment for slander 197 Chap.,VI Of Tazeer or chastisement 203 BOOK VIII.- OF SARAKA or LARCINEY. 205 BOOK JX.- AL SEYJR OR THB INSTITUTES. 205 BOOK X.- OF THE LAW RESPECTING LAKEETES, OR FOUNDLINGS. 206 BOOK XI.- OF LOOKTAS OR TROVE, 208 BOOK XII. - OF 188AK OR THB ABSCONDING or SLAVES. 213 BOOQ XIII.- OF MAFKOODS OR MUSING PERSONS 213 BOOK XIV.- of SKIRKAT OF PARTNERSHIP. Sect. of invalid partnership ... 229 Sect. Miscellaneous 230 BOOK XV -OP WAKP OR Appropriations, Sect. Concerning mosques, & c. 239 BOOK XVI.- OF SALE Chap. I. Introductory... . .. 241 Chap. II. Of optional conditions ... 248 Chap. III. Of option of inspection 255 Chap. IV. Of option from defect ... 258 Chap. V. Of invalid, null and abominable sales . 265 Sect. of the laws of invalids sales ... 275 Sect. Of sales and purchases which are abominable ... 278 Chap. VI. of Akala, or the dissolution 'of sale 280 Chap. VII. Of Moorabihat, and Tawleeat, that is sales of profit and of friendship 281 Sect. Miscellaneous 286 Chap, VIII. Of Ribba or usury 289 Chap. IX. Of rights and appendages 293 Chap. X. Of c1ai.D of right (preferred by others to the subject of a sale) ... 294 Sect. Of Fazoolee Beea, or the sale of the property of another without his consent ... 296 Chap. XI. Of Sillim sales.. 299 Sec. Miscellaneous cases ... 309 BOOK XVII.- OF SIR.F SALB BOOK XVIII – OF KAFALIT OR BAIL OF KAFALIT OR BAIL. Chap. I. Introductory .318 Sect. Of Zamins or guarantees .327 Chap. H. Of ball in which two are concerned ' 329 Chap. III. Of bail by freemen in behalf of slaves, and by slaves in behalf of freemen 330 BOOK XIX.- OF HAWALAT, OR THB TRA.NSFER OF DEBTS 332 BOOK XX.- OF THE DUTIES OF THE KAZEE. Chap. I. Introductory... 334 Sect. Of imprisonment ... 338; Chap. II. of letters from one Kazee to another ... 330 Sect. Miscellaneous ... 341 Chap. III. Of arbitration ... 343 Sect. Miscellaneous cases relative to judicial decisions ... 344 Chap. IV. Of the decrees of a, Kazee relative to inheritance ... 341 . Sect. Miscellaneous ... 352 BOOK XXI.- OF SFFAHAOIT OR EVIDENCE. Chap. 1. Introductory ... 353 Sect. Miscellaneous ... 357 Chap. II. Of the acceptance and rejection of evidence ... 359 Chap. III. of the disagreement of witnesses in their testimony..365 Chap. IV. Of evidence relative to inheritance ... 368 Chap. V. Of the attestation' of evidence ... 369 Sect. Concerning the stigmatizing of false witnesses 372 BOOK XXII.- OF RETRACTATIONS OF EVIDENCE 372 BOOK YXIII.- OT AGENCY Chap. I. Introductosy-, .. 376 Chap. II. Of agency for purchase and sale ... 379 Sect. 1. or agency for purchase .,. 379 Sec. 2. Of the appointment of agents, by slaves, for the purpose of purchasing their own persons in their own behalf 386 Sect. 3. Of agency of sale .. , 387 Sect. 4. Miscellaneous cases ... 391 Chap. III. Of the appointment of agents for litigation and for seisin 392 Chap. IV. Of the dismission of agents ... 397 BOOK XXIV - OF DAWEE OR CLAIMS Chap. I. Introductory ... 399 Chap. II. Of oaths ... . .. 401 Sect. Of the manner of swearing, and repuiring an oath .. .405 Chap. III. Of Tahalf ; or the sweating of both the plaintiff and the defendant ... 407 Sect. Of persons who are not liable to claims .413 Chap. IV. Of things claimed by two plaintiffs ... 415 Sect. Of disputes concerning possession .. 421 Chap. V. Of claim of percentage ." 422 BOOK XXV. - OF IKRAR OR ACKNOWLEDGMENTS. Chap. I. Introductory ... 427 Sect. Concerning acknowledgment with respect to Embryos 429 Chap. If: Of exceptions; and what is deemed equivalent to except ion 430 Chap; III. Of acknowledgments made by sick persons ... 436 Sect. Miscellaneous cases ... 439 BOOK XXVI. - OF SOOLH, OR COMPOSITION PROFITS.OF STOCK ABO LABOUR. Chap. I. Introductory ... 441 Sect. Miscellaneous .. , 443 Chap. n. Of gratuitous or voluntary compositions; and of the appointment of agents for composition ... 446 Chap. II- Of compositions of 448 Sect. or participated debts 450 Sec. Of Takharij 452 BOOK XXVII - OF MOZARIBAT ORCO-PARTNBRSHIP IN THE PROFJT OF STOCK AND LABOUR. Chap. I. Introductory ... 454 Chap. II. Of a manager entering c" into a contract of Mozaribat with another ... 460 Seot.MisccHJaneous 463 Chap. III. Of the dismissal of a manager; and of the division of the property... 463 Chap. IV. Of such acts as may lawfully be performed by a manager .. 465 Sect. Miscellaneous •.. 468 Chap. V. Of disputes between the proprietor of the stock and the manager ... 470 BOOK XXVIII.- OF W1DDA OR DFPOSITS. 471 BOOK XXIX.- OF ARREAR OR LOANS. 471 BOOK XXX. - OF HIBBA OR GIFTS. Chap. I. Introductory ~.. 382 Chap. II. Of retraction of gifts ' ... 485 Sect. Miscellaneous .488 Sect. Of Sadka or alms-deed' ... 4S\9 BOOK XXXI. - OF UAllA OR HIRE.
Chap. I. Introductory... ... 490 Chap. II. Of the time• when the hire may be claimed ... 491 Sect. Miscellaneous... . .. 493 Chap. III. Of things the hire of which is unlawful or otherwise; and of disputed hire 494 Chap IV. Of invalid hire' ... 497 Chap. V. Of the responsibility of a hireling ..503 Chap. VI Of hire on one of two conditions . ...505 Chap. VII. Of the hire of slaves ... 507 Chap. VlII. Of disputes between the hirer and the hirelin. 508. Chap. IX. Of the dissolution Qf contracts of hire .•• ... 509 - Sect. Miscellaneous cases ... 512 BOOK XXXII - Of MOKATlBE BOOK-XXXIII - OF WILLE. -- Sect. Of the Willa Mawaiat, or Willa of mutual amity 517 BOOK XXXIV.- OF IKRAH OR COMPULSION 519 Sect. Miscellaneous 521 BOOK XXXV. - Of HJIR INHIBITION Chap. I. Introductory ..524 Chap. II. Of inhibition from weakness of mind 526 Sect. Of ~he time of attaining puberty 529 Chap. III of inhibition on account of debt 530 BOOK •XXXVI.- OF MAZOONS OR LICENSED SLAVES 533 BOOK. XXXVII.- OF GH4ZB OR USURPATION. Sect. Of usurped articles altered by acts of the usurper ... 537 Sect. Miscellaneous 541 Sect. Of the usurpation of things which are of no value ... 534 BOOK XXXVIII.- OF SHAFF, . Chap. I. of. the persons to whom the right bf Shaffa appertains 548 Chap. II. Of claims to Shaffa, and of litigation concerning it 550 Sect. Of disputes relative to the price ... 553 Sect. Of the articles in lieu of which the Shafee may take the Shaffa property ... 555 Sect. Miscellaneous ... 556 Chap. III. Of the articles concerning which Shaffa operates 558 Chap. IV. Of circumstances which invalidate the right of Shaffa ... 561 Sect. Miscellaneous 563 Sect. Miscellaneous cases ... 563 BOOK XXXIX.- OF KIS$MAT OR PARTION.Chap. I. Introductory •.. 565 Chap. It Of things which are fit objects of partition ... S69 Chap. III Of the mode of a accomplishing partition ... 571 Chap. IV. Of pleas of error in partition; and of claims of eight in regard to it. .573 Sect. Of the laws which prevail in a claim of right. 576 Chap. V. Of the laws of Nahayat 576 BOOK XL - OF MOZAREA OR COPACTS OF GULTIVATION 579 BOOK XLI - OF MOSAKAT OR COMPACTS OF GARDE!ING 584 BOOK XLII – Of ZABDAH OR THE SLAYI!I\G OF ANIMALS FOR FOOD.. 587 Sect. Of the things which may awful be eaten and of those which may not 591 BOOK XLIII - OF UZHEEA, OR SACRIFICE 592. BOOK XLIV.- OF KIBAHEFAT OR ABOMINATIONS. 594 Sect. 1. Of eating and drinking 595 Sect. 2. Of dress 597 Sect. 3. Of ornament. 597 Sect. 4. Of the commerce of the sexes: and of looking at or touching any person 598 Sect. 5. Of Istibra, or waiting for the purification of women 601 Sec~. 6. Of the rules to be observed in sale 603 Sect. 7. Miscellaneous cases .. 607 . BOOK XLV.- OF THB CUL TIVA TJON OF WASIE LANDS. 609 Sect. I. Of waters 613 Sect. 2. Of digging or clearing rivers 615 Sect. 3. claims of Shirb ; and of disputes and particular privileges with respect to it 616. BOOK XLVI.- OF PROHIBITED LIOUORS 618 Scct. Of boiling the juice of grapes 623 BOOK XLVII - OF HUNTING. Sect. 1.0f catching game with animals of the hunting tribe, such as dogs, hawks, &c. ... 623 Sect. 2. Of shooting game with an arrow ... 627 BOOK XLVIII.- OF RAHN OR PAWNS. Chap. I. Introductory ... 629 Chap. II. Of things capable of being pawned; and of things .' for which pledges may be taken 635. Sect: Miscellaneous 642. Chap. III. Of pledges placed in the hands of a trustee 644 Chap. IV. Of the power over pawns . and of offences committed by or upon them 647 Sect. Miscellaneous . ... 656 BOOK XLIX. - OF JANAYAT OR OFFENCE~ AGAINST THE PERSON. ... 659 BOOK L - OF DEEAYAT OR FINES. Chap. I. Introductory ...660 Chap. II. Of, nuisances placed in the highway 660 Sect. Of buildings which are in danger of falling 663 Chap& III. Of offences committed by or upon animals 665 BOOK LI.- OR MAWAKIL. OR THE LEVYING OF FINES ... 670 BOOK LII.- OF WASAYA OR WILLIS. Chap. I. Of wills that arc legal, and wills that are laudable; and of the retractatton of wills Chap. II. Concerning the dequest of a third of the estate Sect. Of the period of making wills. Chap. III. Of emancipation upon a deathbed; and of wills relative to emancipation Sect. Of bequests for pious purposes. Chap. IV. Of wills in favour of klnsmen and other connnexons .. . Chap. V.Of usufructuary wills ..Chap. VI. Of wills made by Zimmees. 8hap. VII. Of Executors and their powers Chap. VIII Of evidence with respect to wills. BOOK LIII - OF HERMAPHRODITES. Sect. I. Of who arc hermaphrodites 704 Sect. 2. Of the law respecting equivocal hermaphrodites 705 CHAPTER THE LAST Miscellaneous cases 707