As the verbal explanations of the legal ambiguities contained in this Assembly have been, for the convenience of the reader, given in parenthesis along with the translation, I can restrict myself in these notes chiefly to some additional illustrations, and the references to the Koran and the Arabic Proverbs.

When I had completed the rites of the Hajj, and absolved the duties of [the shout] Labbaika, and the out-pour of the blood of the sacrifice.—In Arabic waz̤â’ifa ’l-‘ajjī wa ’s̤-s̤ajj, the former being synonymous with talbiyah the intonation of the prayer beginning with labbaika [I am ready for thy service, etc.], which is chanted with a loud voice during the pilgrimage, especially on the last stage before Mecca; the latter meaning the shedding of a victim’s blood on the day of sacrifice, both of which are by a tradition declared to be the most meritorious parts of the pilgrimage.

With a travelling company of the Benû Shaibah, a tribe descending from Shaibah, who, according to Sherîshi, is identical with ‘Abd al-Mut̤t̤alib, Mohammed’s grandfather. Other authorities say that he was a son of ‘Us̤mân, son of T̤alḥah, son of ‘Abd ad-Dâr, son of Kusaiy, in the custody of whose descendants the keys of the Ka‘bah are kept until the present day.

And to disengage myself from the tribe of those who perform the Hajj and neglect him [Mohammed].—Allusion to a reported saying of Mohammed’s: “He who performs the pilgrimage, and visits me not, wrongs me.”

So I was bewildered between fear that made me lag, in Arabic yus̤ab-bitunî , an expression borrowed from Koran, ix. 46: “But God was averse to their marching forth and made them laggards; and it was said, ‘Sit ye at home with those who sit.’”

Running as if they were flocking to some idol, quotation from Koran, lxx. 43, where, however, the interpreters differ as to whether the word nus̤ub is to be taken for “standard” or “idol.”

The father of lies and tricks, in Arabic ẕâ ’sh-shuqari wa’l-buqari, where shuqar is explained as “downright lie,” and buqar as an ittibâ‘, or complementary apposition based on similarity of sound (comp. Ar. Prov., i. 162 and 309). The word translated by mischief in the next line is fawâqir, pl. of fâqirah, which occurs in the Proverb ‘amala bi-hi ’l-fâqirata, meaning according to Maydâni, he has done him an injury that breaks his vertebræ. Similarly we read in the Koran, lxxv. 28: “As if they thought that some calamity would be inflicted on them” (an yuf‘ala bihâ fâqiratun).

And gathered his garment in the approved style, lit., he wrapped him­self up in the deaf fashion (aṣ-ṣammâ’u), said to be thus called because it left no opening, as the ear is deaf when it is stopped up. The learned in the law of Islâm describe it minutely in various ways, and according to Abû Obayd, quoted in the Ṣiḥâḥ, their reason for discussing it is that Mohammed commended this manner of dress, hence my translation of the phrase. The same observation applies to al-qafdâ’, manner of wearing the turban, which precedes in the text, and the following al-qurfuṣâ‘, manner of sitting, has been described in vol. i., p. 412, which description justifies my rendering “he was sitting with his hand knitted in front of his knees.”

For by Him who has created the heavens, etc.—Allusion to Koran vi. 79, and ii. 29.

Who are averse to the daughters of some one else, in Arabic ‘an banâti ghairin, meaning lies, falsehood, any deviation from truth. A poet says: “When thou comest some one else’s daughters are on the spot, and when thou turnest thy back they hasten their departure.” Another form of the expression occurs in the proverb: jâ’a bi ’sh-shuqari wa’l-buqari wa banâti ghiyar, where ghiyar is plural of ghairah, probably in the sense of jealousy, the underlying idea apparently being that lie is jealous of truth.

The cold has thrown him down.—The meaning “sleep” given in the reply of the legist to the word bard, which in common parlance signifies “cold,” is borne out by Koran, lxxviii. 24: “No sleep shall they taste therein nor any drink, save boiling water and running sores,” and by the proverb a’l-bardu yamna‘u ’l-barda, cold prevents sleep. In de Sacy’s Commentary the proverb is quoted man‘u ’l-bardi ’l-bardu, when the sense would seem to be, “the preventive of (feeling) cold is sleep,” perhaps a grim travesty of the fact that people overtaken by the cold sleep themselves to death.

What sayest thou with regard to one who has used sand for his ablu­tion? in Arabic ta-yammamu, for which practice, allowed by Koran, v. 9, if water is not available, see Dict. of Islâm, p. 631.

And let him avoid the dirty one, an injunction which is based on a tradition according to which the Prophet exhorted the believers to keep their court-yards clean.

And thou art free of blame, words addressed by Kosayr, the freed­man of Jathîmet al-Abrash, to the latter’s nephew, ‘Amr bin ‘Adî, whom he had urged to expel him with his nose cut off, and who refused to do it, saying, “I am not the man to treat thee thus, nor art thou the man to deserve such treatment.” “Do it,” replied Kosayr, “and thou art free of blame,” which answer passed into proverb (see Ar. Prov., ii. 219, and comp. the Note to Assembly XXVII., p. 190, above.

A traveller, etc.—As to the exemption from the fast of Ramadân for travellers, etc., the Koran, ii. 181, says: “But he who is sick, or upon a journey, shall fast a like number of other days.”

By Him who has made the chase lawful, i.e., by Allah, in allusion to Koran, v. 3: “And when all (connected with the pilgrimage) is over, then take to the chase.”

And also she was menstruous.—This interpretation of the word ẓaḥikat refers to Koran, xi. 74: “And his wife was standing by, and became menstruous; and We announced Isaac to her; and after Isaac Jacob.” It must, however, be remarked, that Baydâwi and most of the other Commentators explain the word in its usual meaning and in accordance with our Bible.

Is the buying of (meaning on the part of) a caller from a herdsman allowed? etc.—With regard to this question, a marginal note in my MS. remarks: “It is said that ad-dâ‘î, the caller, means the cock; others say it is used for ‘abd,’ slave, as râ‘î (herdsman) stands for saiyid, lord or master, and that the meaning is, may the judge sell the slave against, i.e., in spite of the unwillingness of a bankrupt master, who is debarred from the disposal of his property (majḥûr), a proceeding which is in perfect accordance with the law.” Bai‘u ’d-dâ‘î may, however, also mean buying on the part of the caller, in whatever meaning the word may be taken (in Assembly xxvii. it is applied to the Muezzin, which would explain the following dâ‘î, collector of the legal alms), and in this case the preposition ‘alá stands for min, “from,” as in Koran, lxxxiii. 2, after the word iktâlû: “Who when they take by measure from (‘alá) others, exact the full.” As for the answer, there is no difference of opinion amongst the commentators; the selling or buying of the dâ‘î in the sense of “remainder of milk left in the udder,” is forbidden, like that of the fœtus in an animal’s womb, because it is majhûl, an object unknown as to its quality or quantity, a subtlety in the Mohammedan Law, which here is obviously more of a theoretical than practical nature.

Ṣaqar, a hawk, and also date-juice, which it is as unlawful to barter for the fruit, as meat for the living animal (see p. 47, l. 7 from the bottom).

Yea, and it may be inherited from him when he has died, or people may inherit from him after his death, indicating that by his act he ceases not to be a righteous Moslem.

What sayest thou with regard to the dead body of an infidel (as article of food)?—This can be taken literally, when the abomination would be self-evident to excess. But a less repulsive interpretation may be an animal slaughtered by an infidel, which would be as unlawful as the carcase of an animal after its natural death, because he had not invoked the name of Allah on killing it.

May a pitcher be bought from the Benû Aṣfar? etc.—Benû Aṣfar, usually applied to the Greeks, stands here for the enemies of Islam in general, from whom it would be for a Moslem, if not forbidden, at least highly objectionable, to buy offensive or even defensive weapons, as sword or helmet, which may purposely be of bad make, or have been employed against his co-religionists. This translation takes the preposition ‘alá in the sense of min (see the note above), but as bai‘ is bartering, i.e., giving or taking in exchange, it seems evident that the same preposition, which in case of buying means “from,” has in the case of a sale the meaning “to,” and the objec­tion may be against selling weapons to infidels, or against both transactions, buying from and selling to them.

He replied: “Nay, nor to the co-partner in a yellow she-camel.”—The point of this is that the right of pre-emption (shu‘fah) applies to immovables, and the expected answer, if the word ṣaḥrâ’ is taken in its current meaning, “field,” would be yes, while Abû Zayd’s negative reply presupposes for it the more recondite meaning, in which it can be as little an object of pre-emption as a camel or gold.

This is worthier of acceptance, because not being pregnant.

According to the words of the Koran: “Behold to Thee we have returned,” in Arabic innâ hudnâ ilaika, Sura vii., verse 158. By a singular mistake, Rodwell translates: “Verily to Thee we are guided,” probably misled by Flügel, who gives it in his Concord­ance, p. 203, under hadá, the passive of which, however, would be hudînâ, instead of under hûd, of which hudnâ is the preterite active.

A camel tied to the tomb of her master, etc.—If the Arabic balîyah is taken in this sense, then the word ṣabr signifies the act of bind­ing, and the custom itself, as a superstition of the pre-Islamitic times, is strongly condemned; while ṣabru ‘l-balîyah in the sense of patience under calamity is highly meritorious.

And also he helped, strengthened, honoured, in which meaning the word ta‘zîr occurs (Koran, xlviii. 9): “That ye may believe on God and on His Apostle; and may assist Him, and honour Him, and praise Him, morning and evening.”

Afqar, he impoverished and also he lent a camel to ride upon her back, the connecting link between which two significations is the word fiqâr, vertebræ, inasmuch as poverty breaks a man’s back, while the camel carries him on hers.

A kind of embroidered stuff, meaning that one who abstains from wearing such, i.e., from habits of luxury in general, shows wisdom and discretion, and is therefore eminently fit to be appointed judge.

One who denies a debt.—The interpretation of the word ‘âbid, by “one who denies or repudiates,” is given by some commentators in explaining Koran, xliii. 81: “Say ‘if the God of Mercy had a son, the first then would I be to deny him,’” where Rodwell translates “to worship him.”

As if he had committed an open robbery, in Arabic ghaṣaba, he has taken with violence, the punishment for which is not amputation, but imprisonment, etc.