As concubines are slaves, some account of slaves in general may here be appropriately inserted, with a statement of the principal laws respecting concubines and their offspring, etc.—The slave is either a person taken captive in war, or carried off by force from a foreign hostile country, and being at the time of capture an infidel; or the offspring of a female slave by another slave, or by any man who is not her owner, or by her owner if he do not acknowledge himself to be the father; but a person cannot be the slave of a relation who is within the prohibited degrees of marriage. The power of the owner is such that he may even kill his slave with impunity for any offence; and he incurs but a slight punishment (as imprisonment for a period at the discretion of the judge) if he do so wantonly. He may give or sell his slaves, excepting in some cases which will be mentioned, and may marry them to whom he will, but not separate them when married. A slave, however, according to most of the doctors, cannot have more than two wives at the same time. As a slave enjoys less advantages than a free person, the law, in some cases, ordains that his punishment for an offence shall be half of that to which the free is liable for the same offence, or even less than half: if it be a fine, or pecuniary compensation, it must be paid by the owner, to the amount, if necessary, of the value of the slave, or the slave must be given in compensation. An unemancipated slave, at the death of the owner, becomes the property of the heirs of the latter; and when an emancipated slave dies, leaving no male descendant or collateral relation, the former owner is the heir; or, if he be dead, his heirs inherit the slave’s property. But an unemancipated slave can acquire no property without the permission of the owner. Complete and immediate emancipation is sometimes granted to a slave gratuitously, or for a future pecuniary compensation. It is conferred by means of a written document, or by a verbal declaration in the presence of two witnesses, or by presenting the slave with the certificate of sale obtained from the former owner. Future emancipation is sometimes covenanted to be granted on the fulfilment of certain conditions; and more frequently, to be conferred on the occasion of the owner’s death. In the latter case, the owner cannot sell the slave to whom he has made this promise; and as he cannot alienate by will more than one-third of the whole property that he leaves, the law ordains that, if the value of the said slave exceed that portion, the slave must obtain, and pay to the owner’s heirs, the additional sum.—A Muslim may take as his concubine any of his female slaves who is a Muslim’eh,[Muslim’eh,] or a Christian, or a Jewess, if he have not married her to another man; but he may not have as his concubines, at the same time, two or more who are sisters, or who are related to each other in any of the degrees which would prevent their both being his wives at the same time if they were free. A Christian is not by the law allowed, nor is a Jew, to have a Muslim′eh slave as his concubine.[[185]] The master must wait a certain period (generally from a month to three months) after his acquisition of a female slave, before he can take her as his concubine. When a female slave becomes a mother by her master, the child which she bears to him is free, if he acknowledge it to be his own; but if not, it is his slave. In the former case the mother cannot afterwards be sold or given away by her master (though she must continue to serve him and be his concubine as long as he desires); and she is entitled to emancipation at his death. Her bearing a child to him is called the cause of her emancipation or liberty; but it does not oblige him to emancipate her as long as he lives, though it is commendable if he do so, and make her his wife, provided he have not already four wives, or if he marry her to another man, should it be her wish. A free person cannot become the husband or wife of his, or her, own slave, without first emancipating that slave; and the marriage of a free person with the slave of another is dissolved if the former become the owner of the latter, and cannot be renewed but by emancipation and a regular legal contract.
The most remarkable general principles of the laws of inheritance are the denial of any privileges to primogeniture,[[186]] and in most cases awarding to a female a share equal to half that of a male of the same degree of relationship to the deceased.[[187]] A person may bequeath one-third of his or her property; but not a larger portion, unless he or she has no legal heir; nor any portion to a legal heir, excepting wife or husband, without the consent of all the other heirs. The children of a person deceased inherit the whole of that person’s property, or what remains after payment of the legacies and debts, etc., and the share of a male is double the share of a female. If the children of the deceased be only females, two or more in number, they inherit together, by the law of the Kur-án, two-thirds; and if there be but one child, and that a female, she inherits by the same law half. [But the remaining third, or half, is also assigned to the said daughters or daughter, by a law of the Sunneh (which applies also to other cases), if there be no other legal heir.] If the deceased have left no immediate descendant, the sons and daughters of his son or sons inherit as immediate descendants [and so on]. If the deceased have left a child or a son’s child [and so on], each of the parents of the deceased inherits one-sixth. If the father be dead, his share falls to his father. [If the mother be dead, her share falls to her mother.] If the deceased have left no child or son’s child [and so on], the mother has one-third of the property, or of what remains after deducting the share of the wife or wives or husband, and the residue is for the father; unless the deceased has left two or more brothers or sisters, in which case the mother inherits one-sixth, and the father the residue; the said brothers or sisters receiving nothing[[188]] [if the deceased have left a father or any ascendant in the male line]. A man inherits half of what remains of his wife’s property after the payment of her legacies, etc., if she have left no child or son’s child [and so on]; and one-fourth if she have left a child or son’s child [and so on]. One-fourth is the share of the wife, or of the wives conjointly, if the deceased husband have left no child or son’s child [and so on]; and one-eighth if he have left any such descendant.[[189]] If the deceased have not left a father [nor any ascendant in the male line], nor a child [nor a son’s child, and so on], the law ordains as follows:—1. A sole brother, or sister, only by the mother’s side, inherits one-sixth; and if there be two or more brothers or sisters, only by the mother’s side, or one or more of such relations of each sex, they inherit collectively one-third, which is equally divided, without distinction of male and female.—2. If the deceased have left a sole sister by his father and mother [and no such brother], she inherits half; and a man inherits the whole property of such a sister [or what remains after the payment of her legacies, etc.], if she have left no child; but if she have left a male child [or son’s child, and so on], he (the brother) inherits nothing; and if she have left a female child, the said brother inherits what remains after deducting that child’s share [and after the payment of the legacies, etc.]. If the deceased have left two or more sisters, by his father and mother [and no such brother], they inherit together two-thirds. If the deceased have left one or more brothers, and one or more sisters, by his father and mother, they inherit the whole [or what remains after the payment of the legacies, etc.], and the share of a male is double the share of a female.—3. Brothers and sisters by the father’s side only [when there is no brother or sister by the father and mother] inherit as brothers and sisters by the father and mother.[[190]] No distinction is made between the child of a wife and that borne by a slave to her master (if the master acknowledge the child to be his own): both inherit equally. So also do the child of a wife and the adopted child. A bastard inherits only from his mother, and vice versâ. When there is no legal heir, or legatee, the property falls to the government-treasury, which is called “beyt el-mál.” The laws respecting certain remote degrees of kindred, etc., I have not thought it necessary to state.[[191]] The property of the deceased is nominally divided into keeráts (or twenty-fourth parts); and the share of each son, or other heir, is said to be so many keeráts.
The law is remarkably lenient towards debtors. “If there be any [debtor],” says the Kur-án,[[192]] “under a difficulty [of paying his debt], let [his creditor] wait till it be easy [for him to do it]; but if ye remit it as alms, it will be better for you.” The Muslim is commanded (in the chapter from which the above extract is taken), when he contracts a debt, to cause a statement of it to be written, and attested by two men, or a man and two women, of his own faith. The debtor is imprisoned for non-payment of his debt; but if he establish his insolvency, he is liberated. He may be compelled to work for the discharge of his debt, if able.
The Kur-án ordains that murder shall be punished with death; or rather, that the free shall die for the free, the slave for the slave, and a woman for a woman; or that the perpetrator of the crime shall pay to the heirs of the person whom he has killed, if they allow it, a fine, which is to be divided according to the laws of inheritance.[[193]] It also ordains that unintentional homicide shall be expiated by freeing a believer from slavery, and paying, to the family of the person killed, a fine, unless they remit it.[[194]] But these laws are amplified and explained by the same book and by the Imáms.—A fine is not to be accepted for murder unless the crime has been attended by some palliating circumstance. This fine, which is the price of blood, is a hundred camels; or a thousand deenárs (about £500) from him who possesses gold; or from him who possesses silver, twelve thousand dirhems[[195]] (about £300). This is for killing a free-man: for a woman, half the sum: for a slave, his or her value; but that must fall short of the price of blood for the free. A person unable to free a believer must fast two months, as in Ramadán. The accomplices of a murderer are liable to the punishment of death. By the Sunneh also, a man is obnoxious to capital punishment for the murder of a woman; and by the Hanafee law, for the murder of another man’s slave. But he is exempted from this punishment who kills his own child or other descendant, or his own slave, or his son’s slave, or a slave of whom he is part-owner: so also are his accomplices; and according to Esh-Sháfe’ee, a Muslim, though a slave, is not to be put to death for killing an infidel, though the latter be free. In the present day, however, murder is generally punished with death; the government seldom allowing a composition in money to be made. A man who kills another in self-defence, or to defend his property from a robber, is exempt from all punishment. The price of blood is a debt incumbent on the family, tribe, or association of which the homicide is a member.[member.] It is also incumbent on the inhabitants of an enclosed quarter, or the proprietor or proprietors of a field, in which the body of a person killed by an unknown hand is found; unless the person has been found killed in his own house. A woman, convicted of a capital crime, is generally put to death by drowning in the Nile.
The Bedawees have made the law of the avenging of blood terribly severe and unjust, transgressing the limits assigned by the Kur-án: for, with them, any single person descended from the homicide, or from the homicide’s father, grandfather, great-grandfather, or great-grandfather’s father, may be killed by any of such relations of the person murdered or killed in fight; but, among most tribes, the fine is generally accepted instead of the blood. Cases of blood-revenge are very common among the peasantry of Egypt, who, as I have before remarked, retain many customs of their Bedawee ancestors. The relations of a person who has been killed, in an Egyptian village, generally retaliate with their own hands rather than apply to the government, and often do so with disgusting cruelty, and even mangle and insult the corpse of their victim. The relations of a homicide usually fly from their own to another village, for protection. Even when retaliation has been made, animosity frequently continues between the two parties for many years; and often a case of blood-revenge involves the inhabitants of two or more villages in hostilities, which are renewed, at intervals, during the period of several generations.
Retaliation for intentional wounds and mutilations is allowed, like as for murder; “eye for eye,” etc.;[[196]] but a fine may be accepted instead, which the law allows also for unintentional injuries. The fine for a member that is single (as the nose) is the whole price of blood, as for homicide; for a member of which there are two, and not more (as a hand), half the price of blood; for one of which there are ten (a finger or toe), a tenth of the price of blood; but the fine of a man for maiming or wounding a woman is half of that for the same injury to a man; and that of a free person for injuring a slave varies according to the value of the slave. The fine for depriving a man of any of his five senses, or dangerously wounding him, or grievously disfiguring him for life, is the whole price of blood.
Theft, whether committed by a man or by a woman, according to the Kur-án,[[197]] is to be punished by cutting off the offender’s right hand for the first offence; but a Sunneh law ordains that this punishment shall not be inflicted if the value of the stolen property is less than a quarter of a deenár;[[198]] and it is also held necessary, to render the thief obnoxious to this punishment, that the property stolen should have been deposited in a place to which he had not ordinary or easy access; whence it follows, that a man who steals in the house of a near relation is not subject to this punishment; nor is a slave who robs the house of his master. For the second offence, the left foot is to be cut off; for the third, according to the Sháfe’ee law, the left hand; for the fourth, the right foot; and for further offences of the same kind, the culprit is to be flogged or beaten; or, by the Hanafee code, for the third and subsequent offences, the criminal is to be punished by a long imprisonment. A man may steal a free-born infant without offending against the law, because it is not property; but not a slave; and the hand is not to be cut off for stealing any article of food that is quickly perishable, because it may have been taken to supply the immediate demands of hunger. There are also some other cases in which the thief is exempt from the punishments above mentioned. In Egypt, of late years, these punishments have not been inflicted. Beating and hard labour have been substituted for the first, second, or third offence, and frequently death for the fourth. Most petty offences are usually punished by beating with the “kurbág” (a thong or whip of hippopotamus’ hide, hammered into a round form), or with a stick, generally on the soles of the feet.[[199]]
Adultery is most severely visited: but to establish a charge of this crime against a wife, four eye-witnessses are necessary.[[200]] If convicted thus, she is to be put to death by stoning.[[201]] I need scarcely say that cases of this kind have very seldom occurred, from the difficulty of obtaining such testimony.[[202]] Further laws on this subject, and still more favourable to the women, are given in the Kur-án[[203]] in the following words:—“But [as to] those who accuse women of reputation [of fornication or adultery], and produce not four witnesses [of the fact], scourge them with eighty stripes, and receive not their testimony for ever; for such are infamous prevaricators, excepting those who shall afterwards repent; for God is gracious and merciful. They who shall accuse their wives [of adultery], and shall have no witnesses [thereof] besides themselves, the testimony [which shall be required] of one of them, [shall be] that he swear four times by God that he speaketh the truth, and the fifth [time that he imprecate] the curse of God on him if he be a liar; and it shall avert the punishment [of the wife] if she sware four times by God that he is a liar, and if the fifth [time she imprecate] the wrath of God on her if he speak the truth.” The commentators and lawyers have agreed that, under these circumstances, the marriage must be dissolved. In the chapter from which the above quotation is made, it is ordained (in verse 2) that unmarried persons convicted of fornication shall be punished by scourging, with a hundred stripes; and a Sunneh law renders them obnoxious to the further punishment of banishment for a whole year.[[204]] Of the punishment of women convicted of incontinence in Cairo, I shall speak in the next chapter, as it is an arbitrary act of the government, not founded on the laws of the Kur-án, or the Traditions.[[205]]
Drunkenness was punished by the Prophet by flogging, and is still in Cairo, though not often. The “hadd,” or number of stripes for this offence, is eighty in the case of a free man, and forty in that of a slave.
Apostacy from the faith of El-Islám is considered a most heinous sin, and must be punished with death, unless the apostate will recant on being thrice warned. I once saw a woman paraded through the streets of Cairo, and afterwards taken down to the Nile to be drowned, for having apostatized from the faith of Mohammad, and having married a Christian. Unfortunately, she had tattooed a blue cross on her arm, which led to her detection by one of her former friends in a bath. She was mounted upon a high-saddled ass, such as ladies in Egypt usually ride, and very respectably dressed, attended by soldiers, and surrounded by a rabble, who, instead of commiserating, uttered loud imprecations against her. The Kádee who passed sentence upon her, exhorted her in vain to return to her former faith. Her own father was her accuser! She was taken in a boat into the midst of the river, stripped nearly naked, strangled, and then thrown into the stream.[[206]] The Europeans residing in Cairo regretted that the Básha was then at Alexandria, as they might have prevailed upon him to pardon her. Once before, they interceded with him for a woman who had been condemned for apostacy. The Básha ordered that she should be brought before him; he exhorted her to recant; but finding her resolute, reproved her for her folly, and sent her home, commanding that no injury should be done to her.