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.
_______
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.
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