Cf. G. Surdon and L. Bercher, Recueil de testes ... , pp. 76-85.


Cf. p. 588, above.


Cf. pp. 89 ff., above.


Cf., for instance, pp. 886 ff., above.


Cf. 2:1 ff., below.


Cf. p. 388, above.


Cf. p. 436, above.


For mashhud, cf. n. 139 to Ibn Khaldun's Introduction, and n. 162 to this chapter, above.


`Ali b. Muhammad, ca. 985-1068. Cf. GAL, I, 386; Suppl., I, 668 f.


Cf. also 2:9, below. A related story is told about Ziyad b. Abihi, governor of the 'Iraq under Mu'awiyah, by al-Jahiz; cf. Fi 1-hijab, ed. H. as-Sandubi, in Rasa'il al-Jahiz; (Cairo, 1352/1933), p. 158. "The person in charge of the mails" is replaced there by the one in charge of a frontier region, and a fourth category is added, the person who comes at night and can, therefore, be expected to bring urgent news. Cf. also al-'Askart, Awa'il, Paris, MS. Ar. 5986, fol. 121b, and ar-Righib al-Isfahani, Muhadarat, I, 130.


Cf. Concordance, I, 333b, I. 16. For the quotation and the preceding remarks, cf. also the last section of the sixteenth chapter of al-Mawardi, al-Ahkam as-sultaniyah, p. 180. Cf., further, ar-Righib al-lgfahani, Muhadarat, I, 80.


His name is said to have been 'Uwaymir b. Zayd. For Shurayb, cf. n. 33 to Ch. n, above, and for Abu Musa, n. 304 to this chapter, above. For the three judges mentioned here, see also R. J. H. Gottheil's edition of al­Kindi, The History of the Egyptian Judges (Paris, etc., 1908), p. vi. Other sources give other names in this connection.


For the document, which has been shown to be pseudepigraphical, cf. Gottheil, pp. vii f.; D. S. Margoliouth in Journal of the Royal Asiatic Society (1910), pp. 307-26; D. Santillana, Istituzioni di diritto musulmano malichita, 11, 569; E. Tyan, Histoire de l'organization judiciaire en pays d'Islam, l, 23 f., 106-113. It is also quoted in Ibn Hamdun, Tadhkirah, Topkapusaray, MS. Ahmet III, 2948, Vol. I, fols. 125b-126a; and Ibn Ukhuwwah, Ma'alim al­qurbah, pp. 202 f. Cf., further, C. Pellat, Le Milieu balrien et la formation de Gahiz; (Paris, 1953), pp. 283 f.


Lit., "received stripes as ..."


This translation is similar to the one given by Surdon and Bercher: "God forgives when sworn testimony is rendered." That is, oaths and evi­dence should be treated with the greatest respect, because they are considered decisive in God's eyes. However, we would expect the preposition min in this case, instead of 'an. The other translators follow the simpler text of the other sources, reading "God alone knows the hidden thoughts."


One of the fundamental requirements for marriage in Islamic law is that the bride must have a wall, usually the father or another close relative, to give her away. D adds another phrase before this, namely, "the marrying of marriageable Muslim girls," apparently because the word translated above as "marriageable women" (ayama) was understood in its usual meaning of "widows."


These are three classes of court officials, for whose appointment the judge is responsible.


For the mazalim, cases for which the religious law does not provide, cf. p. xlviii, above.


Bulaq: 'Umar.


His name is supposed to have been 'A'idh-Allah b. 'Abdallah. Cf., for instance, Ibn Hajar, Tahdhib, V, 85 ff.


Cf. n. 101 to Ibn Khaldun's Introduction, above. The campaign referred to is probably the one mentioned by at-Tabari, Annales, II, 1104, anno 216 [831].


Ahmad b. Abi Du'ad died in 240 [854]. Cf. at-Tabari, III, 1421.


Born in 273 [886/87], Mundhir died in 355 [966]. Cf. Ibn al-Faratji, Ta'rikh'ulama' al-Andalus (Bibliotheca Arabico-Hispana, No. 8) (Madrid, 1890-92), II, 17 f.


Cf. 2:35 ff., below.


Cf. Handbook, p. 234a. One ought not to be surprised to find this tradition constantly quoted in scholarly works.


Cf. 5:314 f., below.


Cf. n. 456 to Ch. vi, and 3 :82, 85, and 102, below.


That is, theoretical and practical knowledge.


That is, the heads of the four juridical schools, not the first four caliphs.


Ergo, the jurists among our scholars cannot be called "heirs." Muhammad's statement does not apply to them, and the rulers, therefore, are not acting wrongly if they do not consult them.


Qur'an 38.24 (23).


In order to understand much of the discussion in this section, one must keep in mind the fact mentioned by Ibn Khaldun only at the end, that 'adalah has come to mean two things. The one is "probity," considered as one of the conditions of the caliphate or other high office; cf. n. 107 to Ibn Khaldun's Introduction, above, and n. 232 to this chapter. In that sense, 'adalah also means a person's reliability as a transmitter of traditions and as a religious scholar. The other usage is to designate the office of official witness, originally a "fair" ('adil) man, one who possessed "probity" ('addlah).


This paragraph was added in the margin of C and is incorporated in the text of D.


Cf. n. 32 to Ch. ii, above.


Cf. also 2:54 ff., below.