When a man, from being the husband, becomes the master, of a slave, the marriage is dissolved, and he cannot continue to live with her but as her master, enjoying, however, all a master's privileges; unless he emancipates her; in which case he may again take her as his wife with her consent. In like manner, when a woman, from being the wife, becomes the possessor, of a slave, the marriage is dissolved, and cannot be renewed unless she emancipates him, and he consents to the re-union.
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 (expressed in the words, "Thou art free," or some similar phrase) in the presence of two witnesses, or by returning 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 exceeds that portion, the slave must obtain and pay the additional sum. When a female slave has borne a child to her master, and he acknowledges the child to be his own, he cannot sell this slave, and she becomes free on his death.
Abyssinian and white female slaves are kept by many men of the middle and higher classes, and often instead of wives, as requiring less expense, and being more subservient; but they are generally indulged with the same luxuries as free ladies; their vanity is gratified by costly dresses and ornaments, and they rank high above free servants; as do also the male slaves. Those called Abyssinians appear to be a mixed race between negroes and whites; and are from the territories of the Gallas. They are mostly kidnapped and sold by their own countrymen. The negro female slaves, as few of them have considerable personal attractions (which is not the case with the Abyssinians, many of whom are very beautiful), are usually employed only in cooking, and other menial offices. The female slaves of the higher classes are often instructed in plain needlework and embroidery, and sometimes in music and dancing. Formerly, many of them possessed sufficient literary accomplishments to quote largely from esteemed poems, or even to compose extemporary verses, which they would often accompany with the lute. The condition of many concubine slaves is happy; and that of many, quite the contrary. These, and all other slaves of either sex, are generally treated with kindness; but at first they are usually importuned, and not unfrequently used with much harshness, to induce them to embrace the Mohammadan faith; which almost all of them do. Their services are commonly light: the usual office of the male white slave, who is called "memlook," is that of a page, or a military guard. Eunuchs are employed as guardians of the women; but only in the houses of men of high rank, or of great wealth: on account of the important and confidential office which they fill, they are generally treated in public with especial consideration. I used to remark, in Cairo, that few persons saluted me with a more dignified and consequential air than these pitiable but self-conceited beings. Most of them are Abyssinians or Negroes. Indeed, the slaves in general take too much advantage of the countenance of their masters, especially when they belong to men in power. The master is bound to afford his slaves proper food and clothing, or to let them work for their own support, or to sell, give away, or liberate them. It is, however, considered disgraceful for him to sell a slave who has been long in his possession; and it seldom happens that a master emancipates a female slave, without marrying her to some man able to support her, or otherwise providing for her.
The Prophet strongly enjoined the duty of kindness to slaves. "Feed your memlooks," said he, "with food of that which ye eat, and clothe them with such clothing as ye wear; and command them not to do that which they are unable."[122]—These precepts are generally attended to, either entirely or in a great degree. Some other sayings of the Prophet on this subject well deserve to be mentioned; as the following:—"He who beats his slave without fault, or slaps him on the face, his atonement for this is freeing him."—"A man who behaves ill to his slave will not enter into paradise."—"Whoever is the cause of separation between mother and child, by selling or giving, God will separate him from his friends on the day of resurrection."—"When a slave wishes well to his master, and worships God well, for him are double rewards."[123]—It is related of 'Othmán, "that he twisted the ear of a memlook belonging to him, on account of disobedience, and afterwards, repenting of it, ordered him to twist his ear in like manner: but he would not. 'Othmán urged him, and the memlook advanced, and began to wring it by little and little. He said to him, 'Wring it hard; for I cannot endure the punishment of the day of judgment [on account of this act].' The memlook answered, 'O my master, the day that thou fearest, I also fear.'"—"It is related also of Zeyn-el-'Ábideen, that he had a memlook who seized a sheep, and broke its leg; and he said to him, 'Why didst thou this?' He answered, 'To provoke thee to anger.' 'And I,' said he, 'will provoke to anger him who taught thee; and he is Iblees: go, and be free, for the sake of God.'"[124]—Many similar anecdotes might be added; but the general assertions of travellers in the East are more satisfactory evidence in favour of the humane conduct of most Muslims to their slaves.
It sometimes happens, though rarely, that free girls are sold as slaves.[125] A remarkable instance is related in the "Mir-át ez-Zemán."[126]—Fáṭimeh, surnamed Ghareeb, a slave of the Khaleefeh El-Moạtaṣim, the son of Hároon, was a poetess, accomplished in singing and calligraphy, and extremely beautiful. Her mother was an orphan; and
Jaạfar, the famous Wezeer of Hároon Er-Rasheed, took her as his wife; but his father, Yaḥyà, reproached him for marrying a woman whose father and mother were unknown, and he therefore removed her from his own residence to a neighbouring house, where he frequently visited her; and she bore him a daughter, the above-mentioned Ghareeb, and died. Jaạfar committed her infant to the care of a Christian woman, to nurse; and, on the overthrow of his family, this woman sold her young charge as a slave. El-Emeen, the successor of Er-Rasheed, bought her of a man named Sumbul, but never paid her price; and when he was killed, she returned to her former master; but on the arrival of El-Ma-moon at Baghdád, she was described to him, and he compelled Sumbul to sell her to him. This Sumbul loved her so passionately, that he died of grief at her loss. On the death of El-Ma-moon, his successor, El-Moạtaṣim, bought her for a hundred thousand dirhems, and emancipated her. The historian adds, that she composed several well-known airs and verses.
Note [14.] An Arab who is married to his cousin generally calls her by this appellation rather than that of wife, as the tie of blood is, to him, in every respect, stronger than that of matrimony.
Note [15.]—On Magic. The Arabs and other Mohammadans enjoy a remarkable advantage over us in the composition of works of fiction: in the invention of incidents which we should regard as absurd in the extreme, they cannot be accused by their countrymen of exceeding the bounds of probability. A case similar to that here described was related to me as a fact, in Cairo. A person in that city, I was told, was suddenly surprised by the disappearance of his brother, and by finding, in his place, an ass: but this animal increased his astonishment, and that of every person who beheld him, by manifesting a sagacity singularly opposed to the proverbial dulness of the generality of his species. Yet, strange as it may seem, it was not imagined that this brute was the lost man in a transformed state, till, one day, an old woman, seeing him, quickly covered her face, and declared the fact. She discovered this by her knowledge of magic; and, by her skill in this art, she agreed to restore the enchanted person to his proper shape. Having collected a number of herbs, she boiled them in a large vessel; and when the decoction had cooled, she took the vessel, and, muttering a certain spell, threw its contents over the animal, endeavouring to do so in such a manner that every part of it should be wetted. Every part of it was wetted, excepting one hind-foot; and, accordingly, it was restored to the original human form, with the exception of one foot, which remained like that of an ass.
An implicit belief in magic is entertained by almost all Muslims; and he, among them, who denies its truth, they regard as a freethinker, or an infidel. Some are of opinion that it ceased on the mission of Moḥammad; but these are comparatively few. Many of the most learned Muslims, to the present age, have deeply studied it; and a much greater number of persons of inferior education (particularly school-masters) have, more or less, devoted their time and talents to the pursuit of this knowledge. Recourse is had to it for the discovery of hidden treasures, for alchymical purposes, for the acquisition of the knowledge of futurity, to procure offspring, to obtain the affection of a beloved object, to effect cures, to guard against the influence of the evil eye, to afflict or kill an enemy or a rival, and to attain various other objects of desire.