Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
The teachings of Mahomet were too directly derived from the later
Judaism for him to admit into his jurisprudence any formal system
depending on miracles to establish justice between man and man whenever
Allah might be invoked to manifest his power. Like the Jews, however,
he taught that the constant supervision of the divine power is
spontaneously exerted, and he carried this so far as to inculcate the
belief that a judge pure from self-seeking would be inspired constantly
from above. “He who asks to be made judge will not be assisted; and he
who is made judge by compulsion, God sends down to him an angel, who
causes his actions and sentences to be just.” To one who hesitated to
accept the office, the Prophet said, “God will direct your heart, and
show you judicial ways, and fix your tongue in truth and justice.” On
the other hand, when a judge is unjust, “he separates from himself
the assistance and favor of God, and the devil is always with him.”
It was hard on litigants when the tribunal might be presided over
by either Allah or Eblis, but they had no recourse, except in the
oath, which was the corner-stone of Mahomet’s judicial system. In the
absence of evidence, the oath of the defendant was final, and this
incitement to perjury could only be repressed by investing the oath
with the qualities of the ordeal. Accordingly he lost no opportunity
of insisting upon the punishment, here and hereafter, of those who
perjured themselves before the judgment-seat. Sometimes this failed
to deter an eager pleader, and then he consoled the defeated party
with the assurance that his successful adversary would suffer in the
end, as when the chief of the Cindah tribe urged that a Jew, against
whom he brought suit for land unjustly held, would swear falsely, and
the Prophet rejoined, “Swearing is lawful, but he who takes a false
oath will have no luck in futurity.” Tradition relates, however, that
frequently he succeeded thus in frightening those who were ready to
forswear themselves, as when a man of Hadramut claimed land occupied
by a Cindah, and, being without evidence, the defendant was ready to
take the oath, when Mahomet interposed, “No one takes the property
of another by oath but will meet God with his tongue cut off,” and
the Cindah feared God and said, “The land is his.” In another case,
when two men were quarrelling over an inheritance, and neither had a
witness, he warned them, “In whose favor soever I may order a thing
which is not his right, then I lay apart for him nothing less than a
piece of hell-fire,” whereupon each litigant exclaimed, “O messenger of
God, I give up my right to him.” Sometimes, however, even Mahomet had
recourse to a more direct invocation of the supreme power, as in a case
wherein two men disputed as to the ownership of an animal, and neither
had witnesses, when he directed them to cast lots upon oath.[844]
Public-domain text, read in full here on John Shaqi.
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