The Thousand and One Nights, Vol. I. / Commonly Called the Arabian Nights' Entertainments

by Unknown

Note [6.] The paragraph thus commencing, and the verses comprised in it, are translated from the Calcutta edition of the first two hundred nights.

Note [7.] It is a common custom for a Muslim, on a military expedition, or during a long journey, especially in the desert, to carry his grave-linen with him; for he is extremely careful that he may be buried according to the law.[120] It seems to be implied in our tale, that the merchant hoped that the Jinnee, or some passing traveller, would wash, shroud, and bury him.

Note [8.] It is thus that the Arab women generally do on the occasion of a funeral.

Note [9.]—On the title of Sheykh. "Sheykh" is an appellation which literally signifies "an elder," or "an aged person," and in this sense it is here used; but it is also commonly employed as synonymous with our appellation of "Mister;" and particularly applied to a learned man, or a reputed saint. In every case, it is a title of respect, and never given to any but a Muslim.

Note [10.] "Jánn" is here used as synonymous with "Jinn."

Note [11.] A cousin (the daughter of a paternal uncle) is often chosen as a wife, on account of the tie of blood, which is likely to attach her more strongly to her husband; or on account of an affection conceived in early years. The various customs relating to marriage, I shall describe on a future occasion.

Note [12.] A bride is called young, by the Arabs, when she is about twelve years of age. In the Calcutta edition of the first two hundred nights, the wife in this tale is said to have been of this age when she was first married.

Note [13.]—On Slaves. A slave, among Muslims, is either a person taken captive in war, or carried off by force, 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 does not acknowledge himself to be the father: but the offspring of a male slave by a free woman is free. A person who embraces the Mohammadan faith after having been made a slave, does not by this act become free, unless he flees from a foreign infidel master to a Muslim country, and there becomes a Mohammadan. A person cannot have as a slave one whom he acknowledges to be within the prohibited degrees of marriage.[121]—The slaves of the Arabs are mostly from Abyssinia and the Negro countries: a few, mostly in the houses of wealthy individuals, are from Georgia and Circassia.

Slaves have no civil liberty; but are entirely under the authority of their owners, whatever may be the religion, sex, or age, of the latter; and can possess no property, unless by the owner's permission. The owner is entire master, while he pleases, of the person and goods of his slave; and of the offspring of his female slave, which, if begotten by him or presumed to be so, he may recognise as his own legitimate child, or not: the child, if recognised by him, enjoys the same privileges as the offspring of a free wife; and if not recognised by him, is his slave. The master may even kill his own 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 kills him wantonly. He may give away 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. Unemancipated slaves, at the death of their master, become the property of his heirs; and when an emancipated slave dies, leaving no male descendants or collateral relations, the former master is the heir; or, if he be dead, his heirs inherit the slave's property. 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 to 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.

The owner, but not the part-owner, may cohabit with any of his female slaves who is a Mohammadan, a Christian, or a Jewess, if he has not married her to another man; but not with 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: after having so lived with one, he must entirely relinquish such intercourse with her before he can do the same with another who is so related to her. He cannot have this intercourse with a pagan slave. A Christian or Jew may have slaves, but not enjoy the privilege above mentioned with one who is a Mohammadan. The master must wait a certain period (generally from a month to three months) after the acquisition of a female slave, before he can have such intercourse with her. If he find any fault in her within three days, he is usually allowed to return her.