The Koran (Al-Qur'an). Anonymous
for his own support and the use of the public. Moses, it is true, divided one-half of the plunder of the Midianites among those who went to battle, and the other half among all congregation:8 but this, they say, being a peculiar case, and done by the express order of GOD himself, must not be looked on as a precedent.9 It should seem, however, from the words of Joshua to the two tribes and a half, when he sent them home into Gilead after the conquest and division of the land of Canaan , that they were to divide the spoil of their enemies with their brethren, after their return:10 and the half which was in succeeding times taken by the king, was in all probability taken by him as head of the community, and representing the whole body. It is remarkable that the dispute among Mohammed's men about sharing the booty at Bedr,11 arose on the same occasion as did that among David's soldiers in relation to the spoils recovered from the Amalekites;1 those who had been in the action insisting that they who tarried by the stuff should have no part of the spoil; and that the same decision was given in both cases, which became a law for the future, to wit, that they should part alike. The fifth part directed by the Korân to be taken out of the spoil before it be divided among the captors, is declared to belong to GOD, and to the apostle and his kindred, and the orphans, and the poor, and the traveller:2 which words are variously understood. al Shâfeï was of opinion that the whole ought to be divided into five parts; the first, which he called GOD'S part, to go to the treasury, and be employed in building and repairing fortresses, bridges, and other public works, and in paying salaries to magistrates, civil officers, professors of learning, ministers of public worship, &c.: the second part to be distributed among the kindred of Mohammed, that is, the descendants of his grandfather Hâshem, and of his great-uncle al Motalleb,3 as well the rich as the poor, the children as the adult, the women as the men; observing only to give a female but half the share of a male: the third part to go to the orphans: the fourth part to the poor, who have not wherewithal to maintain themselves the year round, and are not able to get their livelihood: and the fifth part to travellers, who are in want on the road, notwithstanding they may be rich men in their own country.4 According to Malec Ebn Ans the whole is at the disposition of the Imâm or prince, who may distribute the same at his own discretion, where he sees most need.5 Abu'l Aliya wen according to the letter of the Korân, and declared his opinion to be that the whole should be divided into six parts, and that GOD'S part should be applied to the service of the Caaba: while others supposed GOD'S part and the apostle's to be one and the same.6 Abu Hanîfa thought that the share of Mohammed and his kindred sank at that prophet's death, since which the whole
6 Vide Kor. c. 59, ubi supra. 7 Gemar. Babyl. ad tit. Sanhedr. c. 2. Vide Selden, de Jure Nat. et Gent. Sec. Hebr. lib. 6, c. 16. 8 Numb. xxxi. 27. 9 Vide Maim. Halach, Melach. c. 4. 10 Josh. xxii. 8. 11 See Kor. c. 8., and the notes there. 1 I Sam. xxx. 21–25. 2 Kor. c. 8. 3 Note, al Shâfeï himself was descended from this latter. 4 Al Beid. Vide Reland. de Jure Milit. Moham. p. 42, &c. 5 Idem. 6 Idem.
ought to be divided among the orphans, the poor, and the traveller.7 Some insist that the kindred of Mohammed entitled to a shire of the spoils are the posterity of Hâshem only; but those who think the descendants of his brother al Motalleb have also a right to a distributive part, allege a tradition in their favour purporting that Mohammed himself divided the share belonging to his relations among both families, and when Othmân Ebn Assân and Jobeir Ebn Matám (who were descended from Abdshams and Nawfal the other brothers of Hâshem) told him, that though they disputed not the preference of the Hâshemites, they could not help taking it ill to see such difference made between the family of al Motalleb and themselves, who were related to him in an equal degree, and yet had no part in the distribution, the prophet replied that the descendants of al Motalleb had forsaken him neither in the time of ignorance, nor since the revelation of Islâm; and joined his fingers together in token of the strict union between them and the Hâshemites.8 Some exclude none of the tribe of Koreish from receiving a part in the division of the spoil, and make no distinction between the poor and the rich; though, according to the more reasonable opinion, such of them as are poor only are intended by the text of the Korân, as is agreed in the case of the stranger: and others go so far as to assert that the whole fifth commanded to be reserved belongs to them only, and that the orphans, and the poor, and the traveller, are to be understood of such as are of that tribe.9 It must be observed that immovable possessions, as lands, &c., taken in war, are subject to the same laws as the movable; excepting only that the fifth part of the former is not actually divided, but the income and profits thereof, or of the price thereof, if sold, are applied to public and pious uses, and distributed once a year, and that the prince may either take the fifth part of the land itself, or the fifth part of the income and produce of the whole, as he shall make his election.
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SECTION VII.
OF THE MONTHS COMMANDED BY THE KORAN TO BE KEPT SACRED; AND OF THE SETTING APART OF FRIDAY FOR THE ESPECIAL SERVICE OF GOD.
IT was a custom among the ancient Arabs to observe four months in the year as sacred, during which they held it unlawful to wage war, and took off the heads from their spears, ceasing from incursions and other hostilities. During those months whoever was in fear of his enemy lived in full security; so that if a man met the murderer of his
7 Idem. 8 Idem. 9 Idem.
father or his brother, he durst not offer him any violence:1 A great argument," says a learned writer, "of a humane disposition in that nation; who being by reason of the independent governments of their several tribes, and for the preservation of their just rights, exposed to frequent quarrels with one another, had yet learned to cool their inflamed breasts with moderation, and restrain the rage of war by stated times of truce."2 This institution obtained among all the Arabian tribes, except only those of Tay and Khatháam, and some of the descendants of Al Hareth Ebn Caab (who distinguished no time or place as sacred),3 and was so religiously observed, that there are but few instances in history (four, say some, six, say others),4 of its having been transgressed; the wars which were carried on without regard thereto being therefore termed impious. One of those instances was in the war between the tribes of Koreish and Kais Ailân, wherein Mohammed himself served under his uncles, being then fourteen,5 or, as others say, twenty6 years old. The months which the Arabs held sacred were al Moharram, Rajeb. Dhu'lkaada, and Dhu'lhajja; the first, the seventh, the eleventh, and the twelfth in the year.7 Dhu'lhajja being the month wherein they performed the pilgrimage to Mecca, not only that month, but also the preceding and the following, were for that reason kept inviolable, that every one might safely and without interruption pass and repass to and from the festival.8 Rajeb is said to have been more strictly observed than any of the other three,9 probably because in that month the pagan Arabs used to fast;10 Ramadân, which was afterwards set apart by Mohammed for that purpose, being in the time of ignorance dedicated to drinking in excess.11 By reason of the profound peace and security enjoyed in this month, one part of the provisions brought by the caravans of purveyors annually set out by the Koreish for the supply of Mecca,12 was distributed among the people; the other part being, for the like reason, distributed at the pilgrimage.1 The observance of the aforesaid months seemed so reasonable to Mohammed, that it met with his approbation; and the same is accordingly confirmed and enforced by several passages of the Korân,2 which forbid war to be waged during those months against such as acknowledge them to be sacred, but grant, at the same time, full permission to attack those who make no such distinction, in the sacred months as well as in the profane.3 One practice, however, of the pagan Arabs, in relation to these sacred
1 Al Kazwîni, apud Golium in notis ad Alfrag. p. 4, &c. Al Shahrestani, apud Poc. Spec. p. 311. Al Jawhari, al Firauzab. 2 Golius, ubi supra, p. 5. 3 Al Shahrestani, ubi supra. See before, p. 95. 4 Al Mogholtaï. 5 Abulfeda, Vit. Moh. p. II. 6 al Kodâï, al Firauz. apud Poc. Spec. p. 174. Al Mogholtaï mentions both opinions. 7 Mr. Bayle (Dict. Hist. et Crit. Art. la Mecque, Rem. F.) accuses Dr. Prideaux of an inconsistency for saying in one place (Life of Mahomet, p. 64) that these sacred months were the first, the seventh, the eleventh, and the twelfth, and intimating in another place (ibid. p. 89) that three of them were contiguous. But this must be mere absence of mind in Mr. Bayle; for are not the eleventh,