thought that the share of Mohammed and his kindred sank at the prophet's death, since which, the whole ought to be divided among the orphans, the poor, and the traveller d. Some insist, that the kindred of Mohammed entitled to a share of the spoils, are the posterity of Hâshem only: but those who think the descendants of his brother, al Motalleb, have also a right to a distributive part, allege a tradition in their favour, purporting, that Mohammed himself divided the share belonging to his relations among both families; and when Othmân Ebn Affân and Jobeir Ebn Matám (who were descended from Abdshams and Nawfal, the other brothers of Hâshem) told him, that, though they disputed not the preference of the Hashemites, they could not help taking it ill to see such difference made between the family of al Motalleb and themselves, who were related to him in an equal degree, and yet had no part in the distribution, the prophet replied, that the descendants of al Motalleb had forsaken him neither in the time of ignorance, nor since the revelation of Islâm; and joined his fingers together in token of the strict union between them and the Hâshemites. Some exclude none of the tribe of Koreish from receiving a part in the division of the spoil, and make no distinction between the poor and the rich; though, according to the more reasonable opinion, such of them as are poor only are intended by the text of the Korân, as is agreed in the case of the stranger: and others go so far as to assert, that the whole fifth commanded to be reserved belongs to them only; and that the orphans, and the poor, and the traveller, are to be understood of such as are of that tribe'. It must be observed, that immoveable possessions, as lands, &c. taken in war, are subject to the same laws as the moveable; excepting only, that the fifth part of the former is not actually divided, but Al Beid. V. Reland. de jure milit. Moham. p. 42, &c. e Idem. f Idem. the income and profits thereof, or of the price thereof, if sold, are applied to public and pious uses, and distributed once a year; and that the prince may either take the fifth part of the land itself, or the fifth part of the income and produce of the whole, as he shall make his election. SECTION VII. Of the Months commanded by the Korân to be kept sacred; and of the setting apart of Friday for the especial Service of God. It was a custom among the ancient Arabs to observe four months in the year as sacred, during which they held it unlawful to wage war, and took off the heads from their spears, ceasing from incursions and other hostilities. During those months, whoever was in fear of his enemy lived in full security; so that if a man met the murderer of his father or his brother, he durst not offer him any violence: a great argument (says a learned writer) of a humane disposition in that nation; who being, by reason of the independent governments of their several tribes, and for the preservation of their just rights, exposed to frequent quarrels with one another, had yet learned to cool their inflamed breasts with moderation, and restrain the rage of war by stated times of truce". This institution obtained among all the Arabian tribes, except only those of Tay and Khathâam, and some of the descendants of al Hareth Ebn Caab, (who distinguished no time or place as sacred,) and was so religiously observed, that there are but few in a Al Kazwîni, apud Golium in notis ad Alfrag. p. 4, &c. Al Shahrestâni, apud Poc. Spec. p. 311. Al Jawhari, al Firauzab. b Golius, • Al Shahrestâni, ubi supra. See before, p. 162 ubi supra, p. 5. and 163. stances in history (four, say some, six, say others) of its having been transgressed; the wars, which were carried on without regard thereto, being therefore termed impious. One of those instances was in the war between the tribes of Koreish and Kais Ailân, wherein Mohammed himself served under his uncles, being then fourteen, or, as others say, twenty' years old. f The months which the Arabs held sacred were al Moharram, Rajeb, Dhu'lkaada, and Dhu'lhajja; the first, the seventh, the eleventh, and the twelfth in the year. Dhu'lhajja being the month wherein they performed the pilgrimage to Mecca, not only that month, but also the preceding and the following were for that reason kept inviolable, that every one might safely, and without interruption, pass and repass to and from the festival". Rajeb is said to have been more strictly observed than any of the other three', probably, because in that month the Pagan Arabs used to fast*; Ramadân, which was afterwards set apart by Mohammed for that purpose, being in the time of ignorance. dedicated to drinking in excess'. By reason of the profound peace and security enjoyed in this month, one part of the provisions brought by the caravans · of purveyors, annually sent out by the Koreish for the supply of Mecca", was distributed among the people; the other part being, for the like reason, distributed at the pilgrimage". e Abulfeda, vit. Moh. p. 11. d AI Mogholtaï. f Al Kodai, al Firauz. apud Poc. Spec. p. 174. Al Mogholtaï mentions both opinions. Mr. Bayle (Dict. Hist. & Crit. Art. la Mecque, Rem. F.) accuses Dr. Prideaux of an inconsistency, for saying in one place (Life of Mah. p. 64) that these sacred months were the first, the seventh, the eleventh, and the twelfth, and in intimating in another place (Ib. p. 89) that three of them were contiguous. But this must be a mere absence of mind in Mr. Bayle: for are not the eleventh, the twelfth, and the first months contiguous? The two learned professors, Golius and Reland, have also made a small slip, in speaking of these sacred months, which, they tell us, are the two first and the two last in the year. V. Golii Lex. Arab. col. 601, & Reland. de jure milit. Mohammedanor. p. 5. h V. Gol. in Alfrag. p. 9. i V. Ibid. p. 6. k Al Makrizi, apud Poc. ubi supra. Idem, & Auctor Neshk al Azhâr, ibid., Korân, chap. 106. Al Edrisi apud Poc. Specim. p. 127. m See The observance of the aforesaid months seemed so reasonable to Mohammed, that it met with his approbation; and the same is accordingly confirmed and enforced by several passages of the Korân, which forbid war to be waged, during those months, against such as acknowledge them to be sacred; but grant, at the same time, full permission to attack those who make no such distinction, in the sacred months as well as in the profane". One practice, however, of the Pagan Arabs, in relation to these sacred months, Mohammed thought proper to reform: for some of them, weary of sitting quiet for three months together, and eager to make their accustomed incursions for plunder, used, by way of expedient, whenever it suited their inclinations or conveniency, to put off the observing of al Moharram to the following month Safara, thereby avoiding to keep the former, which they supposed it lawful for them to profane, provided they sanctified another month in lieu of it, and gave public notice thereof at the preceding pilgrimage. This transferring the observation of a sacred month to a profane month is what is truly meant by the Arabic word al Nasî, and is absolutely condemned, and declared to be an impious innovation, in a passage of the Korân' which Dr. Prideaux", misled by Golius, imagines to relate to the prolonging of the year, by adding an intercalary month thereto. It is true, the Arabs, who imitated the Jews in their manner of computing by lunar years, had also learned their method of reducing them to solar years. by intercalating a month sometimes in the third, and sometimes in the second year"; by which means they fixed the pilgrimage of Mecca (contrary to the original institution) to a certain season of the Chap. 9. chap. 2. p. 33 and 34. chap. 4. chap. 5, &c. 9. ibid. • Life of Mah. p. 66. year, viz. to autumn, as most convenient for the pilgrims, by reason of the temperateness of the weather, and the plenty of provisions: and it is also true, that Mohammed forbad such intercalation, by a passage in the same chapter of the Korân: but then it is not the passage above-mentioned, which prohibits a different thing; but one a little before it, wherein the number of months in the year, according to the ordinance of GOD, is declared to be twelve*; whereas, if the intercalation of a month were allowed, every third or second year would consist of thirteen, contrary to God's appointment. The setting apart of one day in the week for the more peculiar attendance on GOD's worship, so strictly required by the Jewish and Christian religions, appeared to Mohammed to be so proper an institution, that he could not but imitate the professors thereof in that particular; though, for the sake of distinction, he might think himself obliged to order his followers to observe a different day from either. Several reasons are given why the sixth day of the week was pitched on for this purpose; but Mohammed seems to have preferred that day chiefly because it was the day on which the people used to be assembled long before his time; though such assemblies were had, perhaps, rather on a civil than a religious account. However it be, the Mohammedan writers bestow very extraordinary encomiums on this day, calling it The prince of days, and The most excellent day on which the sun rises"; pretending also that it will be the day whereon the last judgment will be solemnized: and they esteemed it a peculiar honour to Islâm, that GOD has been pleased to appoint this day to be the feast-day of the Moslems, and granted them the advantage of having first observed it. w V. Gol. ubi supra. * Kor. chap. 9. See also chap. 2, p. 33 and 34. See chap. 63, and the notes there. al Athir, & al Ghazâli, apud Poc. Spec. p. 317. Ghazali. ibid. 2 Al Beidawi. b V. Ibid. a Ebn © Al |