73. The alleged mutilation of the Urnee robbers.
Some Urnee robbers, lately converted, had plundered the camels of Medina and barbarously handled their herdsman, for they cut off his hands and legs, and struck thorny spikes into his tongue and eyes, till he died. The bandits were pursued, captured, and executed by Kurz-bin-Jabir. "They had merited death," says Sir W. Muir, "but the mode in which he inflicted it was barbarous and inhuman. The arms and legs of eight men were cut off, and their eyes were put out. The shapeless, sightless trunks of these wretched Bedouins were then impaled upon the plain of Al Ghâba, until life was extinct."[258] As the robbers had mutilated the herdsman, this gave currency to their having been mutilated in retaliation. But in fact Mohammad never ordered mutilation in any case. He was so averse to this practice, that several traditions from various sources emanating from him to the effect, prove that he prohibited mutilation lest he himself be mutilated by divine judgment.[259]
74. Amputation or banishment substituted temporarily in place of imprisonment for want of a well-organized system of jails.
Sir W. Muir continues:—"On reflection, Mahomet appears to have felt that this punishment exceeded the bounds of humanity. He accordingly promulgated a Revelation, in which capital punishment is limited to simple death or crucifixion. Amputation of the hands and feet is, however, sanctioned as a penal measure; and amputation of the hands is even enjoined as the proper penalty for theft, whether the criminal be male or female. This barbarous custom has accordingly been perpetuated throughout the Mahometan world. But the putting out of the eyes is not recognized among the legal punishments."[260]
These alternative punishments were prescribed for the heinous crimes of highway robbery, dacoity, and theft by house-breaking. They were (i) capital punishment, (ii) amputation, and (iii) banishment (Sura, v, 37, 42), according to the circumstances of the case. The last two were of a temporary nature substituted for imprisonment for want of an organized system of jails and prisons. When the Commonwealth was in its infancy, the troubles of the invasions and wars of the aggressive Koreish and their allies had left neither peace nor security at Medina to take such administrative measures as to organize a system of building, guarding, and maintaining jails, their inmates and their establishments. As soon as jails were established in the Mohammadan Commonwealth, amputation and banishment gave way to imprisonment. The prisoners of war, not being criminals, used to be made over by Mohammad to some citizens of Medina, as in the case of the prisoners of the battle of Badr, to keep them in their houses as guests, on account of the want of prisons; but as for the other criminals—the highway robbers, dacoits, and house-breakers—they could not be treated and entertained so hospitably. Thus there was left no alternative for them except either to banish such criminals, or to award them corporal punishment in the shape of amputation.[261]
3.—Torture of Kinana.
75. Torture of Kinana.
It is related by the biographers "that Kinana, chief of the Jews of Khyber, and his cousin had kept back, in contravention of their compact, a portion of their riches. On the discovery of this attempt at imposition, Kinana was subjected to cruel torture—'fire being placed upon his breast till his breath had almost departed'—in the hope that he would confess where the rest of his treasures were concealed. Mahomet then gave command, and the heads of the chief and his cousin were severed from their bodies."[262]
The story of Kinana's being subjected to extortion and put to death for hiding some treasure, for which he had contravened his contract, is altogether a spurious one. Kinana was executed in retaliation for treacherously killing Mahmud, the brother of Mohammad-bin-Moslama, to whom he was made over for execution. There is one tradition, without any authority, to the effect, that Zobeir was producing fire on Kinana's breast by the friction of flint and steel. This, if it be a fact, does not show that it was done by Mohammad's direction and approval. On the contrary, there are several traditions from the Prophet himself in which he has forbidden to punish any one with fire. It is related by Bokharee from Ibn Abbás, that Mohammad said, "God only can punish with fire." It is also related by Abu Daood from Abdullah, that the Prophet said, "No body ought to punish any one with fire except the Lord of the fire."[263]
4.—A Singing-Girl executed.