THE THIRTY-SECOND ASSEMBLY, CALLED
“OF ṬAYBEH.”

This is one of the most elaborate and important, as well as of the longest and most difficult of the Assemblies. Ḥârith has completed the ceremonies of the Pilgrimage to Mecca, and intends to follow it up by the visitation of Mohammed’s tomb at Ṭaybeh, one of the names given to Medina. On his road he meets in the homestead of one of the intermediate Arab tribes Abû Zayd, who this time has assumed the character of a mufti or jurisconsult and adept in the sacred and secular law of Islâm. A large gathering of people has collected around him, whose spokesman proposes to him a hundred questions on various canonical and legal points, as the religious obligations of ceremonial ablution, prayer, fast, almsgiving, pilgrim­age, on buying and selling, the duties of magistrates towards orphans or weak-minded persons, on principles of moral conduct, and so on—questions which are calculated to exhibit Abû Zayd at the same time as learned in the law and in the rarest idioms of the Arabic tongue. For his answers, while startling the ordinary hearer by being the opposite of what would be expected, prove perfectly correct, if the leading word be taken in a certain more recondite sense. For instance the question is: “May a woman be rebuked for being bashful?” to which Abû Zayd, no doubt to Mrs. Grundy’s horror, replies “To be sure,” because he gives to the verbal noun khajal, in everyday parlance “being ashamed or bashful,” the rarer meaning of “being overbearing when in possession of riches,” in support of which Ḥarîri quotes a remarkable saying of Mohammed, recorded in the Traditions. As Chenery (vol. i., p. 78) appositely observes, similar puzzles were not unknown in Europe, as the question: “Num peccatum est occidere patrem suum,” where not “one’s own father,” but “the father of swine,” is meant. Ḥarîri has not given the interpretation of the ambiguous terms as an integral part of the text, but inserted it in parenthesis after each question, and with the help of these explanations, which, in case of need, we have supplemented with a few additional remarks, the reader will find no difficulty in following the general drift of the Assembly. If some of the questions appear childish, he must remember that Ḥarîri, while satisfying to the fullest extent the taste of his countrymen for the discussion of grammatical, rhetorical, and religious points of controversy, raises himself with a fine touch of irony above it, where such discussions degenerate into mere quibbles. But for the most part, we feel confident the reader will be amused and interested, and as a study on the synonyms and idioms of the Arabic Language the Assembly is invaluable.

Al Ḥârith, son of Hammâm, related: At one time when I had completed the rites of the Ḥajj and absolved the duties of [the shout] labbaika, and the outpour of the blood of the sacrifice, I resolved to make for Ṭaybeh, with a travelling company of the Benû Shaibah, to visit the tomb of the Prophet, the Elected, and to dis­engage myself from the tribe of those “who perform the Ḥajj and neglect him (Mohammed).” Now it was rumoured that the roads were unsafe and the Arabs of the two sanctuaries at war. So I was bewildered between fear that made me lag, and longing that stirred me on, until submissiveness was infused into my heart, and the predominance of [my desire for] the visiting of him upon whom be peace. Therefore, after having chosen my beast, and made ready my travelling-gear, I journeyed along with my companions without inclining to any halt, or remissness in faring on day and night, till we came to the Benû Ḥarb, who had just returned from the war. Then we made up our minds to pass the length of the day in the encampment of the people, and while we were selecting a place for making kneel down our camels, and spying for the watering-pond, and a cool drink, lo, we saw them running as if they were flocking to some idol. So their swarming roused our suspicions, and we asked what was the matter with them. Then we were told that a learned legist of the Arabs was present in their assembly, and that this was the reason of their turmoil. Said I to my company: “Halloo! let us witness the gathering of the clan, so as to learn clearly to distinguish the right from the wrong.” Thereupon they said: “Truly, what thou proposest is worth hearing, and thou hast given good advice without stint.” Accordingly we rose to follow our guide and repair to the assembly, until, when we came near it, and stretched our necks to see the legist to whom they had crowded, I found him to be Abû Zayd, the father of lies and tricks, and of mischief and choice rhymes. He had donned the turban in the orthodox fashion and gathered his garment in proper style, and was sitting crosswise, while the great ones of the clan surrounded him, and their medley en­wrapped him from all sides. Presently he said to them: “Put questions to me on the points of intricacy, and let me explain to you all difficulties, for by Him who created the heavens, and taught Adam the names [of all things], I am the legist of the Arabs of the Arabians, and the most learned of those that live under the star-pocked sky.” Then there stalked up to him a man glib of tongue, stout of heart, saying: “Know, that I have had converse with the legists of the world to the effect that I have selected from them a hundred decisions, and if thou be of those who loathe the daughters of others (meaning lies, untruth, falsehood), and desire from us sound food, then listen and answer, so that thou mayest get thee thy due. He replied: “God is greatest (Allah akbar), the truth will become evident, and the hidden be disclosed, so say what thou art bidden.” He said: “What sayest thou with regard to him, who has made an ablution (wuzû), and after­wards touched the backside of his shoe?” He replied: “His ablution is invalidated by his doing so” (na‘l, a shoe, and also “wife”). He said: “And when he has made an ablution, and afterwards the cold has thrown him on his side?” He replied: “Then let him renew his ablution” (al-bard, cold, and also “sleep”). He said: “May one who makes an ablution rub with his hands his testicles?” He replied: “He is invited to do so, but it is not made obligatory on him” (uns̤ai, the two testicles, and also “both ears”). He said: “Is it allowed to make ablution with that which the serpent emits?” He replied: “And is there anything cleaner than it for the Arabs?” (s̤u‘bân, a large serpent, and also pl. of s̤a‘b, “water-course in a valley, river”). He said: “Is the water [fetched by the hands of] a blind man lawful?” He replied: “Yea, and let that of the seeing man be avoided” (ẓarîr, the word translated with blind man, in whose case the water fetched by him would not be lawful for ablution, because he cannot know whether it is pure or not, means also “river-side,” against the water of which there is no objection. On the other hand al-baṣîr, the seeing man, means also “dog,” and in their case the reverse would hold good: the water fetched by the former is chosen with discernment, and therefore not to be avoided, while “the water of the dog” would be the height of abomination). He said: “Is washing (ghusl) incumbent upon him who has lost sperm?” He replied: “Nay, even if he does so a second time” (amná, he lost or emitted sperm, and also “he went to Miná,” the sacred valley near Mecca). He said: “Is it then incumbent on one polluted by seminal loss to wash his fur-coat?” He replied: “To be sure, and also his needle” (al-farwah, fur-coat, means also “skin of the head,” and al-ibrah, needle, has moreover the significa­tion “bone of the elbow”). He said: “Is circum­ambulation in the spring permitted?” He replied: “This is abominated on account of the execrable occurrence” (tat̤awwuf, circumambulation, means also “easing nature,” and ar-rabî‘, spring, early vegetation, signifies also “streamlet,” the defilement of which would be a hideous crime). He said: “Is the washing of his book incumbent on him?” He replied: “Yea, and also of his lip” (aṣ-ṣaḥîfah, book, and also “lines of the face”). He said: “How is it then, if he fails to wash his hatchet?” He replied: “It is as though he neglected to wash his head” (al-fa’s, hatchet, and also “bone of the occiput”). He said: “Is it allowed to wash in a wallet?” He replied: “It is like washing in wells” (jirâb, a leather bag, and also “the inside of a well”). He said: “And what sayest thou with regard to one who has used sand for his ablution, and afterwards sees gardens?” He replied: “His rubbing with sand is void, and he has to make his ablution afresh” (rauẓ, pl. of rauẓah, garden, and also “a small quantity of water remaining in a cistern”). He said: “Is it allowed that a man should make his prostration upon ordure?” He replied: “Yea, and let him avoid the dirty one” (‘aẕirah, human excrement, and also “a courtyard”). He said: “Is it then permitted to make prostration upon [the wood of] a Khilâf [-tree]?” He replied: “Nay, nor either on the edges of his garments” (khilâf, the ṣafṣâf or poplar-tree, on which prostration is not forbidden, and also “sleeve,” on which a man is not allowed to make his prostration, as little as on his aṭrâf, in the sense of edges of a garment in the text, while if the word is taken in the meaning of “extremities of the body, hands, and feet,” the prostration upon them is in accordance with the tradition: “I was commanded to prostrate myself on seven bones,” namely, the two feet, the two knees, the two fore-arms, and the forehead). He said: “What then if he make prostration on his left?” He replied: “There is no harm in his doing so” (shimâl, the left side, and also pl. of shimlah, “cloak enveloping the whole body”). He said: “Is it then allowed to make prostration on trotters?” He replied: “Yea, with exception of the fore-arms” (al-kurâ‘, here trans­lated with trotters, means that part in cattle which corresponds to the pastern of a horse, which as part of a dead animal would be considered unclean, but at the same time the word means “a projecting piece of stony ground or rock,” on which prostration might take place, unless it serves to ease the fore-arms). He said: “Is it allowed that one should pray upon a dog’s head?” He replied: “Yea, as well as upon all other high places” (râs al-kalb, dog’s head, is apart from its literal meaning the name of a well-known mountain-cliff). He said: “Is it lawful for a student to carry copies of the Koran?” He replied: “Nay, nor to carry them in wrappers” (dâris, a student, and also “a menstruous woman”). He said: “And what sayest thou with regard to him who prays while the hair of his pubes appears?” He replied: “His prayer is lawful” (al-‘ânah, hair round the pudenda, and also “herd of asses,” in connection with which latter meaning the word bârizah would have to be translated in its literal meaning of coming out or sallying forth). He said: “How then if he has said prayer while [the obligation of] a fast was on him?” He replied: “He must reiterate it, and if he has prayed a hundred days” (ṣaum, fasting, and also “excrement dropped by an ostrich”). He said: “But if he has carried a puppy while praying?” He replied: “It is as if he had carried beans” (jirw, the young of a dog, and also small cucumbers, pomegranates, or similar fruit). He said: “Is the prayer of one who carries a hernia with him sound?” He replied: “Nay, and if he had been praying on [the holy] mount Marwah” (garwah, a rupture, and also “the vessel from which a dog drinks”). He said: “How then if on the garment of one praying any bodily excretion has fallen?” He replied: “His prayer takes effect, and no doubt” (najw is a general term for anything coming out of the belly, and therefore considered ceremonially impure, but it means also “a pouring cloud,” the drops of which fallen on a man would not invalidate his prayer). He said: “Is it allowed that one covered with a woman’s veil should lead a man in prayer?” He replied: “Yea, and also one in armour may lead him” (muqunna‘, one who wears the female veil miqnâ‘, implying that women are unfit to be Imâms, and also “covered with a helmet”). He said: “But what if one has led them in whose hand there is an object of a pious donation?” He replied: “They will have to begin afresh, and if they were a thousand” (waqf, any object consecrated to pious purposes, and also “a bracelet of ivory or tortoise-shell,” in the latter sense indicating that a wearer of such, i.e., a woman, is excluded from the Imâmship). He said: “What then if one has led them whose thigh is visible?” He replied: “His prayer and theirs is efficacious” (fakhiẕuhu bâdiyah [a man] whose thigh is bare, and also “whose tribal division or kindred are desert Arabs.” Ḥarîri remarks that some Lexicographers prefer in the latter meaning the reading fakh, instead of fakhiẕ, for the sake of dis­tinction). He said: “But if the hornless bullock has led them?” He replied: “Say thy prayer, and no woe betide thee” (as̤-s̤aur al-ajamm, a bullock without horns, and also “a lord or prince without a spear”). He said: “Can the prayer of the witness be curtailed or shortened?” He replied: “Nay, by the Invisible, the All-seeing” (s̤alât-ash-shâhid, the prayer of the witness, here meaning especially the blood-witness or martyr in religious warfare, and also “the prayer of sunset,” so called because it coincides with the rising of the stars, to which the name shâhid is given). He said: “Is it allowed for the excused to break fast in the month of Ramadân?” He replied: “It is not permitted except to little children” (ma‘ẕûr, or mu‘aẕẕar, excused, and also “circumcised”). He said: “Is it then open to one who brings home his bride to eat therein?” He replied: “Yea, to the fill of his mouth” (al-mu‘arris, one bringing home a bride, and also “a traveller who takes a short rest at the end of night and presently continues his journey”). He said: “But what if therein the naked break their fast?” He replied: “The authorities gainsay them not” (al-‘urât, pl. of ‘ârî, the naked, and also irr. pl. of muârrawin, “seized by an ague,” ‘urawâ’). He said: “And if the faster eat on entering the morning?” He replied: “This is the more circumspect and safer for him” (aṣbaḥ, he has entered on the morning, and also “he has lighted a lamp, miṣbâḥ”). He said: “What then if he venture on eating at night?” He replied: “Let him be prepared to receive judgment” (lail-an, adverbial accusative, at night, and also acc. of lail, meaning according to Ibn Dorayd “the young of a bustard,” and according to others “that of the partridge or the crane”). He said: “And how when he eats before the fair one has withdrawn from sight?” He replied: “Judgment, by Allah [The punishment of the law], is due on him” (al-baiẓâ’, woman, wife, and also “sun”). He said: “But if the faster provokes vomiting (by taking an emetic)?” He replied: “He has broken his fast, by Him who has made the chase lawful” (al-kaid, violent anger, and also “vomiting,” to produce which the breaking of the fast is permitted, while the provoking of anger has nothing to do with it). He said: “Is it open to him to break the fast if the cook clings to him?” He replied: “Yea, but not the cook who dresses the food in the kitchen” (t̤âbikh, cook, and also “a hot fever”). He said: “What then if a woman have laughed during her fast?” He replied: “The fasting of that day is invalidated for her” (ẓaḥikat, she laughed, and also “she became menstruous,” as in Koran, xi. 74: “and she became menstruous and we an­nounced Isaac to her”). He said: “But if small­pox appears on her fellow-wife?” He replied: “Let her break the fast, if she has made known her ailment” (ẓarrah, a fellow or rival wife, whose sickness would not dispense the former from fasting, and also “the root of the thumb or of the teat,” which is understood in Abû Zayd’s answer). He said: “What is due in legal alms (zakât) for a hundred lamps?” He replied: “Two full-grown mature she-camels, O my friend” (miṣbâḥ, a lamp, and also a she-camel that riseṣ at day­break from her resting-place, to go to the pasturing ground). He replied: “But if one owns ten daggers?” He replied: “Let him bring out two sheep without grumbling” (khanâjir, pl. of khanjar, a dagger, or long knife, and also of khanjar, or khanjûr, “a camel rich in milk”). He said: “But if he give over to the slanderer (informer) the best of his kindred?” He replied: “Ay, happy tidings to him on the day of resurrection” (namîmah, the foremost of one’s relations, and also “the choicest part of one’s property”; sâ‘î, an informer, or slanderer, and also “the collector of the zakât”). He said: “Is it that the bearers of sins [burdens] deserve a share in the legal alms?” He replied: “Yea, if they be engaged in warfare for the faith” (auzâr, pl. of wizr, sins, burdens, and also “arms, weapons”). He said: “Is it allowed to the Ḥâjj (pilgrim) to perform the ‘umrah (ceremonies of the lesser pilgrimage)?” He replied: “Nay, nor that he put on a veil” (ya‘tamir, he performs the ‘umrah, and also “he puts on the ‘imârah,” a kind of head-gear or turban). He said: “Is it then open to him to kill a brave one?” He replied: “Yea, as he may kill a wild beast” (shujâ‘, a valiant man, and also “a kind of serpent”). He said: “But what about him who has killed a female flutist in the Harem?” He replied: “On him is due the sacrifice of some head of cattle” (zammârah, a female player on the mizmâr, flute, or pipe, and also an ostrich, whose cry is called zimmâr; ḥaram, the harem, and also “the sacred precinct of Mecca”). He said: “But when he has thrown [his lance] at the leg of a free man and killed him?” He replied? “Let him bring out a sheep in compensation for it” (sâq, a leg, ḥurr, a free-man; ṣâqu ḥurrin, “the male of the turtle-dove”). He said: “How then if he has killed the mother of ‘Auf after donning the pilgrim-cloak?” He replied: “Let him give in alms a small quantity of food” (umm ‘Auf, name of a woman by her son, and also “a locust”). He said: “Is it incumbent upon the Ḥâjj to be provided with a boat?” He replied: “Yea, so that he may lead them to the watering-places” (qârib, a kind of boat, and also “a seeker of water at night-time”). He said: “And what sayest thou about the lawless after the Sabbath?” He replied: “He has done what is lawful at that time” (ḥarâm, unlawful, opp. to ḥalâl, lawful, and also “one who dons the pilgrim-cloak, a pilgrim”; sabt, Sabbath, and also “shaving of the head”; ḥall, “he has doffed the cloak,” which, of course, is a lawful action after the pilgrimage is completed). He said: “But what sayest thou with regard to the sale of a bay?” He replied: “It is unlawful, as the sale of a dead body” (kumait, a bay horse, and also “red wine”). He said: “Is it allowed to sell [barter] vinegar for the flesh of the camel?” He said: “Not either for the flesh of sheep” (khall, vinegar, and also a camel two years old, or the young of a pregnant camel, the sale of a living animal for flesh, whether of the same kind or any other being unlawful). He said: “Is the sale of a present lawful?” He said: “Nay, nor that of wine” (hadiyyah, a present, and also an animal being led to the Ka‘beh for sacrifice; sabiyyah, a female slave taken from the infidels, and also “wine”). He said: “What sayest thou with regard to the sale of a cornelian stone (or of the hair of a new­born)?” He said: “It is forbidden, in truth” (‘aqîqah, a single cornelian stone; the first wool of an animal, or the hair of a new-born child; but also “an animal sacrificed for a child on the seventh day after its birth”). He said: “Is the sale of (meaning on the part of) a crier to a herd’s man allowed?” He replied: “Nay, nor to a collector of the zakât” (dâ‘î, one who calls, or makes proclamation, and also “the remainder of milk in the udder,” which it is as unlawful to sell as the fœtus of an animal in the womb). He said: “May a hawk be sold for dates?” He replied: “Nay, by the Lord of creation and command” (ṣaqar, a hawk, and also “date-sugar”). He said: “May a Moslem buy the plunder [taken] from Moslem women?” He replied: “Yea, and it may be inherited from him, when he has died” (salab, plunder, booty, and also the bark of a tree, and “leaf or blade of the plant s̤umâm”). He said: “But is it allowed that the intercessor be sold?” He replied: “What is there to hinder it?” (shâfi‘, an intercessor, and also “a sheep which one buys to skin it”). He said: “May a pitcher be sold to the Benû Aṣfar?” He replied: “It is abominated as the selling of a helmet [to them]” (ibrîq, a pitcher, and also a furbished and well-tempered sword; Benû Aṣfar are the Greeks, to whom, as enemies of Islâm, it would be unlawful to sell weapons of attack or defence). He said: “Is it lawful for a man to sell the colt of his camel born in summer?” He replied: “Nay, but he may sell his friend” (ṣaifî, a camel colt born in summer, and also “a son begotten in old age,” to which latter meaning Abû Zayd’s answer refers; ṣafî, a milch camel yielding a copious flow, and also “a sincere friend,” the meaning which would suggest itself most readily to the ordinary hearer). He said: “But if one has bought a slave and a wound appears on his mother?” He said: “There is no sin in returning him” (umm, mother, and also “the pia mater of the brain”). He said: “Holds the right of pre-emption good for the co-partner in a field?” He replied: “Nay, nor for the co-partner in a [yellow] she-camel” (ṣaḥrâ’, a field, and also “an ass whose white is mingled with grey; ṣafrâ, a yellow she-camel, a word which, however, would more readily suggest the word “bile”). He said: “Is it lawful that the water of the well and of an open place should be heated?” He replied: “If they are in deserts, then certainly not” (yuḥmá, it is being heated, and also “it is prohibited from general use”; khalâ, an open place, here taken in construction with ’, water, and also “fodder, both green and dry”). He said: “What sayest thou with regard to the dead body of an infidel (as an article of food)?” He replied: “It is lawful for the dweller in a place and the traveller” (kâfir, an infidel, and also “the sea”; maitah, dead body, and also “fish floating on the water”). He said: “Is it allowed to offer as a forenoon sacrifice squinting men?” He replied: “This is worthier of acceptance” (al-ḥûl, pl. of aḥwal, squint-eyed, and also of ḥâ’il, “a sheep that has not conceived”). He said: “May then a divorced woman be sacrificed in the forenoon?” He replied: “Yea, and the nightfarer may be treated thereto hospit­ably” (at̤-t̤âliq, divorced woman, and also “a she-camel allowed to pasture freely”). He said: “How then if one slaughters before the appearance of the gazelle?” He replied: “It is a sheep whose flesh may be sold (not a sacrifice) undoubtedly” (al-ghazâlah, gazelle, and also a name for the rising sun, corresponding to al-jaunah, which is a name of the sun when setting, as in the words of the poet: tabâdara ’l-jaunatu an taghîbâ, the sun was setting quickly). He said: “Is it lawful to make gain by beating wool (or hammering metals)?” He said: “This is like gambling with dice, there is no difference” (t̤arq, beating, hammering, and also “the throwing of pebbles for the purpose of vaticination”). He said: “May one standing say salâm ‘alek to one sitting?” He replied: “It is forbidden between strangers” (al-qâ‘id, one who sits, and also “a woman who has ceased being menstruous or copulating.” He said: “May a sensible man sleep under a fool?” He said: “How lovely it is to do so in the Baqî‘” (raqî‘, a fool, and also “the sky”; al-baqî‘, the cemetery of Medina). He said: “Is a Ẕimmî forbidden to kill an old woman?” He replied: “It is not allowed to oppose him with regard to wine” (al-‘ajûz, an old woman, and also “old wine,” which to kill means to mix it with water [see the Assembly of Tiflîs]). He said: “Is it allowed that a man should remove [secede] from his father’s premises?” He replied: “It is not allowed either to one obscure or to a noble of birth” (‘imârah, building, edifice, and also “tribe”). He said: “What sayest thou with regard to becoming a Jew?” He replied: “This is the key to an ascetic life” (tahawwud, turning a Jew, and also “turning to God in repentance,” according to the words of the Koran, “behold we have returned to thee”). He said: “What sayest thou with regard to patience in mis­fortune?” He replied: “What a great sin it is!” (ṣabr, patience, and also “tying, fastening, keeping one imprisoned until death ensues”; baliyyah, calamity, misfortune, and also “a camel tied to the tomb of her master,” and neither watered nor fed until she dies, on which the deceased man was by the Arabs of the ignorance supposed to ride to his doom). He said: “Is it lawful to beat the ambassador?” He replied: “Yea, and also to load therewith the seeker of counsel” (safîr, envoy, ambassador, and also “leaves falling from a tree”; mustashîr, one who asks advice from another, and also “a fat camel,” or “a camel which knows the pregnant from one that has not conceived”). He said: “May a man beat his father?” He replied: “The dutiful does so and refuseth not” (‘azzar, he chastised, beat violently, and also “he helped, strengthened, honoured,” as in Koran, xlviii. 9, “and may assist him and honour him”). He said: “What sayest thou with regard to him who has impoverished his brother?” He replied: “Well done of him, how brotherly he has acted towards him” (afqar, he impoverished, and also “he lent a camel to ride upon her back”). He said: “But what if he strips his child of its clothing?” He replied: “On what a handsome thing he has resolved!” (‘arâhu, he stripped him, and also “he gave him the fruit of a date-tree for a year”). He said: “What then if he bakes his slave on the fire?” He replied: “There is no sin on him, nor any blame” (al-mamlûk, a white slave, and also “a dough kneaded repeatedly until it has become consistent”). He said: “Is it allowed for a woman to cut her husband?” (in the Arabic idiom meaning to be undutiful to him). He replied: “Nobody forbids her doing so” (ba‘l, a husband, and also “a date-tree,” in which sense “cutting” may be taken literally, or in the meaning of “gathering its fruit”). He said: “May then a woman be upbraided for being bashful?” He replied: “Most certainly” (khajal, being bashful, blushing, and also “being over­bearing in possession of riches,” according to the saying of Mohammed to the women: “When ye are hungry ye fawn, and when ye have your fill ye become over­bearing”). He said: “What sayest thou with regard to him who has shaved [planed] the tamarisk of his brother?” He replied: “He has sinned even if he has given permission to him” (naḥata as̤lat-hu, he shaved his tamarisk, and also “he backbited him and detracted from his honour”). He said: “Is it allowed to the magistrate to appoint a curator for one possessed of a bullock?” He replied: “Yea, to be safe from the mischief of violence” (s̤aur, a bullock, and also “mad­ness”). He said: “But is it open to him to strike on the hand of an orphan?” He replied: “Yea, until he is of age” (ẓaraba ‘alá yadi-hi, besides having the literal meaning given above, is an idiom for: “he appointed a curator for him”). He said: “Is it then allowed to him to take for the same (an orphan) a suburban place?” He replied: “Nay, even if he consents to it” (rabẓ, buildings outside the walls of a city, and also “a wife”). He said: “But when may he (the magistrate) sell the body of an idiot?” He replied: “Whenever he sees that it pleases him” (badan, body, and also “a short armour”). He said: “Is it then allowed that he buy for him jakes?” He replied: “Yea, if they be not haunted” (ḥashsh, a privy, and also “a palm-planta­tion”). He said: “Is it allowed that the magistrate be an oppressor?” He replied: “Yea, if he be knowing” (z̤âlim, one who oppresses, and also “one who drinks milk before it curdles”). He said: “Is one fit to become a Kadi who has no perspicacity?” He replied: “Yea, if his conduct be fair” (baṣîrah, sharpsightedness, sagacity, and also “a shield”). He said: “But if he is bare of intellect?” He replied: “This is an indication [the title-page] of excellence” (‘aql, intellect, wisdom, and also “embroidered silk stuff”). He said: “But if he have the pride of a tyrant?” He replied: “There is nothing to be said against or to make much of” (zahw, pride, and also “a date which begins to colour”; jabbâr, a tyrant. a shedder of blood, and also “a high palm-tree whose fruit is out of the reach of the hand,” opposed to qâ‘id). He said: “Is it allowed that the witness be a suspected character?” He replied: “Yea, if he be a sensible man” (murîb, suspected, exposed to doubt, and also “one who has plenty of curdled milk”). He said: “But when it has transpired that he has committed sodomy?” He replied: “He is like one who has tailored” (lât̤, he committed the sin of the people of Lot, and also “he coated a well with clay”). He said: “And if it comes out that he has been winnowing?” He replied: “Let his evidence be refused, and not accepted” (gharbal, he sifted corn, and also “he killed,” as the poet says in the metre rejez: “Thou wilt see the kings slain around him.” The word has also an obscene meaning). He said: “But if it has become manifest that he is a liar?” He replied: “That is for him a quality which adorns him” (mân, yamîn, he lied, and also, with aor. yamûn, “he provided for his family”). He said: “What is incumbent upon a servant of God?” He replied: “Let him make oath by the God of creation” (‘âbid al-ḥaqq, a servant of God, and also “one who gainsays the true belief,” as some commentators explain the word in Koran, xliii. 81). He said: “And what sayest thou with regard to him who has deliberately gouged the eye of a nightingale?” “Let his eye be gouged, to make the speech short” (bulbul, a nightingale, and also “a spare man”). He said: “But if he has wounded the Ḳaṭa (bird) of a woman and death ensued?” He said: “Soul for soul, if it has gone” (qat̤a’, sandgrouse, and also “what lies between the hip-bones”). He said: “But if a pregnant woman has dropped her fœtus in consequence of his blow?” He replied: “Let him atone for his sin by the manumission of a slave” (ḥashîsh, grass, green herbs, etc., and also “a fœtus dropped in abortion”). He said: “What is due in law to one who keeps himself secluded?” He replied: “To have his extremities cut off for the sake of determent” (mukhtafî, one who sticks to a place without leaving it, and also “a spoiler of tombs, a stripper of grave­clothes”). He said: “What then is to be done to him who has stolen the snakes of the house?” He replied: “Let his right hand be cut off, if they are worth the fourth part of a denar” (asâwid, pl. of aswad, snakes, and also “household utensils, as a washing-tub, kettle, dish,” etc.). He said: “But if he have stolen a great worth [value] of gold?” He replied: “There is no amputation as though he had committed a violent robbery” (s̤amîn, what is precious, valuable, and also “the eighth part,” as naṣîf is used for niṣf, half, sadîs for suds, sixth part, etc.; under gold is in this case to be understood a gold coin). He said: “What then if theft is brought home to a woman?” He replied: “There is no guilt upon her, and she has nothing to fear” (saraq, theft, and also “white silk”). He said: “Is a marriage contract valid, which is not witnessed by starlings?” He replied: “Nay, by the Creator, the Maker” (qawârî, pl. of qâriyah, a bird of the starling kind, from which the Arabs take a lucky augury, especially with regard to rain, and also “wit­nesses,” because they follow up matters, from qará, he followed up). He said: “What sayest thou with regard to a bride who has passed the first night of a month, and then has been returned early in the morning to her previous state?” He replied: “Half of the dowry is due to her, and the days of probation for divorce (‘iddah) are not incumbent on her” (lailah ḥurrah, the first night of a month, and also “a wedding night in which no consummation has taken place”). Then the asker of the questions said to him: “Allah has blessed thee with the fulness of a sea that he who draws from it lessens it not, and of a man of learning to whose praise the praiser reaches not.” Thereupon he looked down with the downward look of the abashed, and stopped silent with the silence of the tongue-tied. Said to him Abû Zayd: “Go on, Sirrah, how long then [wilt thou tarry], how long?” He replied: “There remains no missile in my quiver, and after the breaking forth of thy morn there is no scope left for debate: by Allah then, the son of what country art thou, and how beautiful was that which thou hast expounded.” Forthwith he indited with a glib tongue and a powerful voice: