TALE OF HARUN AL-RASHID AND THE SLAVE-GIRL AND THE IMAM ABU YUSUF.
It is said that Ja’afar the Barmecide was one night carousing with Al-Rashid, who said, “O Ja’afar, it hath reached me that thou hast bought such and such a slave-girl. Now I have long sought her for she is passing fair; and my heart is taken up with love of her, so do thou sell her to me.” He replied, “I will not sell her, O Commander of the Faithful.” Quoth he, “Then give her to me.” Quoth the other, “Nor will I give her.” Then Al-Rashid exclaimed, “Be Zubaydah triply divorced an thou shall not either sell or give her to me!” Then Ja’afar, exclaimed, “Be my wife triply divorced an I either sell or give her to thee!” After awhile they recovered from their tipsiness and were aware of having fallen into a grave dilemma, but knew not by what device to extricate themselves. Then said Al-Rashid, “None can help us in this strait but Abú Yúsuf.”[[216]] So they sent for him, and this was in the middle of the night; and when the messenger reached him, he arose in alarm, saying to himself, “I should not be sent for at this tide and time, save by reason of some question of moment to Al-Islam.” So he went out in haste and mounted his she-mule, saying to his servant, “Take the mule’s nose-bag with thee; it may be she hath not finished her feed; and when we come to the Caliph’s palace, put the bag on her, that she may eat what is left of her fodder, during the last of the night.” And the man replied, “I hear and obey.” Now when the Imam was admitted to the presence, Al-Rashid rose to receive him and seated him on the couch beside himself (where he was wont to seat none save the Kazi), and said to him, “We have not sent for thee at this untimely time and tide save to advise us upon a grave matter, which is such and such and wherewith we know not how to deal.” And he expounded to him the case. Abu Yusuf answered, “O Commander of the Faithful, this is the easiest of things.” Then he turned to Ja’afar and said, “O Ja’afar, sell half of her to the Commander of the Faithful and give him the other half; so shall ye both be quit of your oaths.” The Caliph was delighted with this and both did as he prescribed. Then said Al-Rashid, “Bring me the girl at once,”— —And Shahrazad perceived the dawn of day and ceased to say her permitted say.
Now when it was the Two Hundred and Ninety-seventh Night,
She said, It hath reached me, O auspicious King, that the Caliph Harun al-Rashid commanded, “Bring me the girl at once, for I long for her exceedingly.” So they brought her and the Caliph said to Abu Yusuf, “I have a mind to have her forthright; for I cannot bear to abstain from her during the prescribed period of purification; now how is this to be done?” Abu Yusuf replied, “Bring me one of thine own male slaves who hath never been manumitted.” So they brought one and Abu Yusuf said, “Give me leave to marry her to him; then let him divorce her before consummation; and thus shall it be lawful for thee to lie with her before purification.” This second expedient pleased the Caliph yet more than the first; he sent for the Mameluke and, whenas he came, said to the Kazi, “I authorise thee to marry her to him.” So the Imam proposed the marriage to the slave, who accepted it and performed the ceremony; after which he said to the slave, “Divorce her, and thou shalt have an hundred dinars.” But he replied, “I won’t do this;” and the Imam went on to increase his offer, and the slave to refuse till he bid him a thousand dinars. Then the man asked him, “Doth it rest with me to divorce her, or with thee or with the Commander of the Faithful?” He answered, “It is in thy hand.” “Then by Allah,” quoth the slave, “I will never do it; no, never!” Hearing these words the Caliph was exceeding wroth and said to the Imam, “What is to be done, O Abu Yusuf?” Replied he, “Be not concerned, O Commander of the Faithful; the thing is easy. Make this slave the damsel’s chattel.” Quoth Al-Rashid, “I give him to her;” and the Imam said to the girl, “Say:—I accept.” So she said, “I accept;” whereon quoth Abu Yusuf, “I pronounce separation from bed and board and divorce between them, for that he hath become her property, and so the marriage is annulled.” With this, Al-Rashid rose to his feet and exclaimed, “It is the like of thee that shall be Kazi in my time.” Then he called for sundry trays of gold and emptied them before Abu Yusuf, to whom he said, “Hast thou wherein to put this?” The Imam bethought him of the mule’s nose-bag; so he sent for it and, filling it with gold, took it and went home. And on the morrow, he said to his friends, “There is no easier nor shorter road to the goods of this world and the next, than that of religious learning; for, see, I have gotten all this money by answering two or three questions.” So consider thou, O polite reader,[[217]] the pleasantness of this anecdote, for it compriseth divers goodly features, amongst which are the complaisance of Ja’afar to Al-Rashid, and the wisdom of the Caliph who chose such a Kazi and the excellent learning of Abu Yusuf, may Almighty Allah have mercy on their souls one and all! And they also tell the
[216]. A lawyer of the eighth century, one of the chief pupils of the Imam Abu Hanifah, and Kazi of Baghdad under the third, fourth and fifth Abbasides. The tale is told in the quasi-historical Persian work “Nigáristán” (The Picture-gallery), and is repeated by Richardson, Diss. 7, xiii. None seem to have remarked that the distinguished legist, Abu Yusuf, was on this occasion a law-breaker; the Kazi’s duty being to carry out the code, not to break it by the tricks of a cunning attorney. In Harun’s day, however, some regard was paid to justice; not under his successors, one of whom, Al-Muktadir bi’lláh (A.H. 295 = 907), made the damsel Yamika President of the Diwán al-Mazálim (Court of the Wronged), a tribunal which took cognizance of tyranny and oppression in high places.
[217]. Here the writer evidently forgets that Shahrazad is telling the story to the King, as Boccaccio (ii. 7) forgets that Pamfilo is speaking. Such inconsequences are common in Eastern story-books and a goody-goody sentiment is always heartily received as in an English theatre.
TALE OF THE LOVER WHO FEIGNED HIMSELF A THIEF.
When Khálid ibn Abdallah al-Kasri[[218]] was Emir of Bassorah, there came to him one day a company of men dragging a youth of exceeding beauty and lofty bearing and perfumed attire; whose aspect expressed good breeding, abundant wit and dignity of the gravest. They brought him before the Governor, who asked what it was and they replied, “This fellow is a thief, whom we caught last night in our dwelling-house.” Whereupon Khalid looked at him and was pleased with his well-favouredness and elegant aspect; so he said to the others, “Loose him,” and going up to the young man, asked what he had to say for himself. He replied, “Verily the folk have spoken truly and the case is as they have said.” Quoth Khalid, “And what moved thee to this and thou so noble of port and comely of mien?” Quoth the other “The lust after worldly good, and the ordinance of Allah (extolled and exalted be He!).” Rejoined Khalid, “Be thy mother bereaved of thee![[219]] Hadst thou not, in thy fair face and sound sense and good breeding, what should restrain thee from thieving?” Answered the young man, “O Emir, leave this talk and proceed to what Almighty Allah hath ordained; this is what my hands have earned, and, ‘God is not unjust towards mankind.’”[[220]] So Khalid was silent awhile considering the matter; then he bade the young man draw near him and said, “Verily, thy confession before witnesses perplexeth me, for I cannot believe thee to be a thief: haply thou hast some story that is other than one of theft; and if so tell it me.” Replied the youth, “O Emir, imagine naught other than what I have confessed to in thy presence; for I have no tale to tell save that verily I entered these folks’ house and stole what I could lay hands on, and they caught me and took the stuff from me and carried me before thee.” Then Khalid bade clap him in gaol and commanded a crier to cry throughout Bassorah, “O yes! O yes! Whoso be minded to look upon the punishment of such an one, the thief, and the cutting-off of his hand, let him be present to-morrow morning at such a place!” Now when the young man found himself in prison, with irons on his feet, he sighed heavily and with tears streaming from his eyes extemporised these couplets:—
When Khálid menaced off to strike my hand ✿ If I refuse to tell him of her case;