Handicrafts being below the dignity of the Arab, it devolves upon the harim and the slaves to look after the economic needs of a nomadic community.141 That even the Medinese townsmen of 'Umar's day had not attained to any thing like skill in such employments is evidenced by the fact that a Persian slave could be called upon to act in the capacity of a carpenter, painter, and smith142 simultaneously.

The slave, if a person of good habits and some skill, might ultimately hope to redeem his bond and purchase his freedom, as he was often permitted to keep his earnings, only paying a tribute to his master in the meantime.143 The kitaba, writing, or document of freedom, shall be granted to slaves in return for an amount stipulated in the bond. "And such of those whom your right hands possess as crave a writing, write it out for them,144 if ye know any good in them, and give them of the wealth of God which he has given you.""145 Under this form of emancipation the slave is liberated upon payment of a future pecuniary compensation.

A second form of future emancipation, called tadbir,146 is a verbal declaration of freedom made to a slave in the presence of two witnesses, which is to take effect on the occasion of the owner's

144 The slave in this case is called mukatab and also mukatib; and so is the master, the act being mutual . . . But the lawyers in the present day call the slave mukatab only; mukatib." Lane's Lexicon.

145 Sura 24: 33.

16 lit., arrangement, disposition, plan.

and the master,

death. "Thou art free at my death," or "thou art a mudabbir" is sufficient to establish a legal claim for freedom upon the decease of the master, the heirs having no power to seize the slave, nor any children born to him in the interval.147

Immediate emancipation,148 as has been seen, might be granted to a slave gratuitously for special services rendered on the battlefield or in some domestic or other capacity. If a Muslim say to his slave: "Thou art free," or "Thou art mu'taq," or "Thou art consecrated to God," the slave becomes a free

man.

Further, complete emancipation may be conferred on a female slave149 for giving birth to a son who is claimed and acknowledged by the master as his own. When thus recognized the offspring150 is free also.

Finally, the manumission of slaves is the legal penalty for breaking the fast of Ramadan, for a rash oath, etc.

Special blessings are attached to the manumission of slaves. When asked what act would take a man to paradise Muḥammad said: "Free a slave, or assist one in redeeming a bond of slavery." The same authority is credited with the following: "Whosoever frees a slave who is a Muslim, God will redeem every member of his body, limb for limb,

147 If a man's property consists of three slaves, he can only dispose of one in this way-two-thirds must go to the heirs. Cp. MacDonald, The Emancipation of Slaves Under Muslim Law. In American Monthly Review of Reviews, March, 1900.

148 'ataq, lit., power.

149 ummu'l-walad, 'the mother of offspring.' 150 Istilad, lit., 'the offspring's claim.'

from hell fire." It is asserted on the strength of tradition that the prophet emancipated sixty-three slaves himself.151 A modern Arabian slave-holder will sometimes liberate his slaves after a few years, that is, "if their house-lord fears Allah; and then he sends them not away empty; but in Upland Arabia (where only substantial persons are slaveholders) the good man will marry out his freed servants, male and female, endowing them with somewhat of his own substance, whether camels or palmstems. ''152

It is not impossible that Muḥammad was slightly acquainted with the slave laws of the Old Testament.153 But while the Old Testament chiefly concerns itself with the manumission of enslaved Hebrew debtors, the legislator of Islam speaks of the emancipation of all slaves regardless of nationality.154 Slavery, however, was too closely interwoven with the economic life of the Arabs to be set aside by the Muḥammadan lawgiver. The institution, although recognized in the Qur'an, is put on a more humane basis than in the 'Times of Ignorance,' kindness to slaves being enjoined as a religious obligation.

151 Eduard Sachau, Muḥammadanisches Recht nach Schafi'itischer Lehre (1897), p. 131.

153 Ex. 21: 2 ff.; Deut. 15: 12; Jer. 34: 15, 17; Ezek. 46: 17.

154 R. Roberts, op. cit., p. 47.

CHAPTER VI

INTEREST

The taking of interest by the impatient creditor1 greatly augmented the number of those reduced to a servile condition. An attempt is made in the earliest legislation to remedy the evil by the prohibition of interest on money loaned to an impoverished Israelite. "If thou lend money to any of my people with thee that is poor, that shalt not be to him as a creditor." The loans contemplated in the present law are primarily intended for the relief of destitution brought about by misfortune, or debt, and not for the development of industry. Lending to the poor thus partakes of the nature of a charity. This is further borne out by a passage in Leviticus. 'And if thy brother grow poor, . . thou shalt relieve him. Take thou of him no interests or increase1 but fear thy God, that thy brother may live with thee. (Thy money thou shalt not give him for interest; and for increase thou shalt not give him thy victuals.) I am the Lord your God which brought you forth out of the land of Egypt, to give you the land of Canaan, and to be your God." To exact interest on loans made to the unfortunate and destitute would only increase the borrower's distress; and to do so was felt to be especially reprehensible

1 noshe.

Ex. 22: 25.

3 neshek.

⚫ tarbit.

'25: 35-38.

97

for the reason that it would be taking advantage of a neighbor's need. The law of Exodus has its analogy in Deuteronomy where the prohibition of interest on money is extended to victuals and goods in general. "Thou shalt not make thy brother give interest, interest of money, interest of victuals, interest of anything which is subject to interest." But to a foreigners 'thou mayest lend upon interest. '9 From the standpoint of Deuteronomy there is nothing inherently wrong in such a limitation. Aliens temporarily or even permanently locating on Israelitish soil for the purpose of gaining a livelihood, who fail to identify themselves with the community in which they live, cannot claim the rights and privileges of a full-fledged citizen. Their own laws, moreover, did not prohibit 'usury.' This, of course, would naturally suggest their exclusion from the benefits of certain phases of Israelitish legislation, which, by the way, could only have originated in a non-commercial atmosphere.

According to Ezekiel a truly pious man is one who 'lendeth not at interest,10 nor taketh any increase."11 To demand interest of any sort is denounced as a form of extortion. "Thou hast taken interest and increase, and thou hast greedily gained of thy neighbor's by extortion, and hast forgotten me, saith the Lord.""12 It is evident that such an estimate