JOURNAL
OF THE
AMERICAN ORIENTAL SOCIETY.
EDITED BY
E. WASHBUKN HOPKINS, AND CHARLES C. TORREY
Professor in Yale University, New Haven.
Professor in Yale University, New Haven.
TWENTY-SEVENTH VOLUME.
SECOND HALF.
THE AMERICAN ORIENTAL SOCIETY,
NEW HAVEN, CONNECTICUT, U. S. A. MC M VII
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Copyright, 1907, by THE AMERICAN ORIENTAL SOCIETY.
V
.27
The Tuttle, Moreliouse & Taylor Pros*.
CONTENTS
OF
TWENTY-SEVENTH VOLUME, SECOND HALF.
Patre
A DISTINGUISHED FAMILY OF FATIMIDE CADIS (AL-NU'MAN) IN THE TENTH CENTURY. — By RICHARD GOTTHEIL, Professor in Columbia Univer- sity, New York City _____ .............. . ............. . .......... 217
SUPPLEMENT TO THE OLD-BABYLONIAN VOCABULARIES. — By R. J. LAU,
Ph.D., Columbia University, New York City ..................... 297
ABEL (^^JiJ) IN THE BIBLE. — By R. J. LAU, Ph.D., Columbia Univer- t sity, New York City .......... . ........ .......... . ........ _____ 301
THE PI'LEL IN HEBREW. — By Louis B. WOLFENSON, Johns Hopkins
University, Baltimore, Md ...................................... 303
CONTRIBUTIONS TO COMPARATIVE PHILIPPINE GRAMMAR. — By FRANK R.
BLAKE, Ph.D., Johns Hopkins University, Baltimore, Md .......... 317
NOTES ON SOME PALMYBENE TESSERAE.— By HANS H. SPOER, Ph.D.,
Jerusalem, Syria. . ................ ________ .................... 397
THREE OBJECTS IN THE COLLECTION OF MR. HERBERT CLARK, OP JERU- SALEM. — By GEORGE A. BARTON, Professor in Bryn Mawr College, Bryn Mawr, Pa ........ _______________ .......................... 400
STUDIES OF SANSKRIT WORDS. — By EDWIN W. FAY, Professor in the Uni-
versity of Texas, Austin, Texas .................................. 402
NOTES ON THE MRCCHAKATIKA. — By ARTHUR W. RYDER, Ph.D., The Uni-
versity of California, Berkeley, Cal ........ - ...................... 418
THE BUDDHISTIC RULE AGAINST EATING MEAT. — By E. WASHBURN HOP-
KINS, Professor in Yale University, New Haven, Conn ............. -I •*»•"»
Proceedings at New Haven, Conn, April 17 and*18, 1906..
Attendance ....... . ..................................... - 465
Correspondence .............................
Necrology ............................... ........... - :
Report of the Treasurer. ....................... ................ 467
IV
Page Report of the Librarian 468
Report of the Editors .469
Members elected - 469
Officers elected - 470
Report of the Directors 472
List of Members, 1906 474
List of exchanges 483
List and prices of publications 491
Notice to contributors and general notices 492
JOURNAL
AMERICAN ORIENTAL SOCIETY.
A Distinguished Family of Fatimide Cadis (al-Nu'mdn) in the Tenth Century. — By RICHARD GOTTHEIL, Professor in Columbia University, New York City.
I. INTRODUCTION.
IN the whole of Mohammedan history there are few epochs quite as interesting as that during which the Shi 'a propaganda manifested itself politically in' Egypt, maintaining 'there for more than 200 years a kingdom which was a center of com- mercial and literary activity. The religious side of this propa- ganda was kept alive by the usual Alid tergiversations, and from out of this upbuilding came much of the turmoil in which Druse and Ismailian pretensions were hatched.
It seems to have been a somewhat simple matter for the people of Egypt to pass from one system to another. They were willing to take their religion as it was given to them, and at no time do they seem to have thought with Goethe :
" Was du ererbt von deinen Vatern hast, Erwirb es, um es zu besitzen."
In spite of the large Coptic element in the population,1 it had not been too difficult a task to impress the faith of the prophet upon the land of the Pharaohs. Egypt is the classic home of the corvee ; and, whether used by an old Pharaoh in dragging his statue to the place of its permanent situation, or by 'Amr ibn
1 This has been excellently set forth in Butler's Arabic Conquest of Egypt, Oxford, 1902. VOL. xxvji. 15
218 E. J. H. Gottheil, [1906.
al-'Asi in re-cutting the canal that once joined lower Egypt to the Red Sea, or by IsmaiLPasha in helping the French to build a Suez Canal, it shows a more. than ordinary apathy on the part of the inhabitants, and a singular willingness to acquiesce quietly in the stings and goads of fortune. In the same manner, it does not seem to have been too difficult for them to pass from the Sunnite faith to the Shi'ite (if faith it may be called), when Jauhar al-Ka'id conquered the country in 969 for his master ul-Mu'izz ; and they were as ready to fall back again upon the Sunna Avhen the Kurd Saladin, in September, 1171, caused the Khutbah to be pronounced in the name of the Abbasid caliph, al-Mustadi.
One reason for the ease with which these changes were effected must be found in the small difference it made to the people at large whether in the official utterances Ali was blessed or cursed. That was food for the theologians and a tid-bit for the jurists. The lower classes had to live their every-day and humdrum life as they had done in the past ; and the differences between Sunnite and Shi'ite actual practice seems to have been small — to us they appear infinitesimal.1 The geographical writer al-Mukaddasi has an interesting passage on the observances peculiar to the Fatimides.2 He says : " There are three classes of Fatimide peculiarities. The first is one in wThich the (orthodox) Imams were also divided, as the long inserted or supererogatory prayer 3 at the morning devotions and the audible recitation of
1 This is due to the fact that the Shi'a system was developed at a time when the other and canonical legal systems were already in existence. Both the Sunna and the Shi'a, as regards their religious practices, are built up from one and the same basis. See Von Kreiner, Culturge- schichte, vol. i, p. 501 ; id. Herrschende Ideen, p. 389.
2 In de Goeje, Bibliotheca Geographorum Arabicorum, vol. iii, p. 237. 16. On the o-A^M J^JCJ ^JC juo see Ibn Khaldun, Mukdddamdt (ed. Beirut, 1886), p. 390. A list of works on Shi'a Fikh is given by al-Nadlm, Fihrist, p. 219. On some other and equally minor points of difference, see the end of the poem by Da'ud ibn ' Umar al Baslr al-Antakl in his o'tj-**^ ..wjoyj' ^ jLx^published by Goldziher, Beitrage zur Litera-
turgeschichte der Si'a in Sitz. Her. der Wiener Akad., vol. Ixxviii, p. 520, and compare Tornauw, Le Droit Musulman, Paris, 1860, p. 24. J De Sacy (Chrestomathie Arabe, vol. i, p. 162), says that the ci>»jvj is
the prayer containing the formula ,j,JCjljj dU Li! ; but see the tradition
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 219
the basmallfih,1 the witr* which goes with the rak'a, and the like. Their second peculiarity is to return to some of the observances of former generations, as the double repetition of the
cited in Lane, col. 2566 cu^xAj! ^So «i>^L<aJf jL*ii!, and al-Bukharl, Sahlh, ed. Krehl, vol. i, p. 204, s.v. v^xftj! voL ; al-Shirazi, al-Tnnbih, (ed. A. W. T. Juynboll, Leiden, 1879), p. 24. 21; al-Sha'rani, Kashf al-Ghumma, Cairo, 1281, vol. i, p. 85. It is evident that the «i>*JLi is a sort of supererogatory prayer (the Mohammadans call such Jot«j) inserted between the rak' as ( e «-$yJ! ..yjo /*^^ tXaJ C>XAJ)
The silent prayer between the rak'as is called p-Le4> (Goldziher, Mvham- medanische Studien, vol. ii, p. 252). A. Querry, Droit Musulman, vol. i, p. 81, calls it "le recueillement," while Tornauw (1. c., p. 57) explains it thus : " le Kenut, qui consiste a elever les bras apres 1'accomplissement des practiques mukerrenot et k repeter des interjections fervantes. Le Kenut n'est point obligatoire." See, also, Hughes, Dictionary of Islam, pp. 101. 1 ; 482. 2. Curiously enough, Muhammad ibn Ahmad al-Khu- warazml in his Mafatlh al-'Ulum (ed-. Van Vloten, 1895), p. 11, says
j>yM pita ^yJLH !
1 See the traditions on this point in al-Bukhari, vol. i, pp. 197, 198, 201, and al-Nawawi, as cited by Goldziher, Beitrage, pp. 457, 522, and in Ibn Sa'd, vol. v. (Leiden, 1905) p. 266 (when Mohammed recited the first Sura he was not heard to add the basmallah. Asked about this, he
answered: L£J ^>*.^4- LgJ\«.*J «J). Until the year 253 A. H. the
basmallah was recited aloud in Fustat ; then a change was made ; but al-Jauhar reintroduced the older practice in 362 A. H. ; see de Sacy, I. c., vol. i, p. 162. The Shafi'ite practice was in this respect, as in so many others, in consonance with that of the Shi 'a. See the quotation from Abu-1-Fidaon p. 220, n. 3; and Abu al Nakib al-Tunturl -c^L^I -x2JC^X«
(Kazan, 1899), p. At. Al-Zamakhshari (al-Kashshaf, ed. Lees, vol. i, p. 5), has an interesting note upon the different usage in this respect. According to him, the difference depended upon the question whether the basmallah was or was not an integral part of the Sura; the "readers "
(olli) of Medina, Basra and Damascus held that it was not, and there- fore did not read it aloud when it occurred in a prayer ( ^si ^ dU jJj 5 JLoJ! ,-3 jv^cX^t Lg->) ; but those of Mecca and Kufa did. See, also, al-Baidawi, vol. i, p. 3.
2 The j'« is "a prayer accompanied by an uneven number of rak'as — from one up to eleven. See al-Shirazi, al-Tanbih, p. 27. 5.
220 R. J. H. Gottheil, [1906.
ikama which the Banu Umayya had reduced to one ;' the wear- ing of white, which the Banu al-' Abbas had changed to black.8 The third peculiarity is to follow such customs as the Imams had indeed not prohibited, though they had not been known
before this time : e. g., to iise the expression s^JLoJI J^c. ~rs>. " Come to prayer ! " in the adhan ; 3 to celebrate that day as the first of the month on whch the new moon is sighted ; 4 and to accompany the prayer said at an eclipse with five rak'as and two sujuds to every rak'a."5
The religious and juridic rite originally followed by the Mohammedans in Egypt had been that of Malik ibn Anas ;
1 The &oUsl is the call to prayer which immediately follows the ^f jl . See Dozy, vol. ft, p. 424 ; Tornauvv, Le Droit Musulman, p. 57 : " Apres le azon on prononce 1'ekomeh. Ce sont les memes paroles: Allah Akber — seulement dans 1'ekomeh on ne jette 1'exclamation que deux fois, tandis qu'on la repete quatre fois dans 1'azon." A. Querry, Droit Musulman, vol. i, p. 66.
2 See the material upon the various colors affected by different Muham- . madan parties which I have collected in ZA., vol. xiii, p. 194, note 1, and vol. xiv, p. 223, note 7. The change to white dress was immedi- ately introduced upon al-Jauhar's gaining possession of the mosque of 'Amr (lOjuCxJi *x>L4-0 iQ Fos^at- See Stanley Lane-Poole, History of Egypt, p. 103 and the following note.
3 According to Abu-1-Fida the expression was
r He says (vol. ii, p. 498) ^xx^+ia.. «**j jiLLu/ ,.j.x> ^*$\ ^jL*.2» _9«
t -j
dLJ jo ^tyJtJ! (v°\^\ ^ s JOLJ (jc>! jvJ . J^»jJI .*=*>
' The same account
is found in Ibn Sa'd, ed. Tallqvist, p. 77. See, also, JA. 1836, 3, p. 57, Ibn Khallikan, vol. i, p. 344, and Ibn Khaldun, Kitab al'Ibar, vol. iv, p. t*A : and especially al-Makrizi, Khitat, vol. ii, pp. 340, 342, and the full account, ib. p. 269.
4 See de Sacy, Chrestomathie Arabe, vol. i, p. 161.
5 On the Sunnite practice, see al-Bukhari, 1. c., vol. i, pp. PvP and HP
and Muhammad ibn 'All Siddlk Hasan c «-Aj — . ^XiJ *^\Jt_H ^-AJ
*'~»JI , vol. i, p. 221. On the different customs, see al-Sha'ram, Kitab al-Mlzdn, vol. i. p. tvP.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 221
but when in 813 Muhammad al-Shafi'I came to settle definitely in Fostat, his legal doctrines commenced to gain prevalence1 and they remained prevalent until in the 16th century the Turks introduced the Hanafite system.2 Upon the arrival of al-.M iri/./., it was natural that this should be changed. But the Fatirnides seem to have been rather large-minded in this respect, if not in others.3 They were sufficiently latitudinarian to allow all the four forms of Mohammedan canon law to be taught in the schools and to be used by the adherents of different parties.4 From the time of al-Mustansir on, we read of Shafi'ite doctors being appointed to the chief cadiship.5 Al-Mu'izz himself seems to have gone slowly in forcing upon the country Shi'ite prac- tices. The cadi whom he found in office, Abu Tahir, received permission to continue his functions. Probably he fitted him- self conveniently into the changed circumstances ; for it is related that he came to Alexandria and greeted the new caliph in a somewhat ostentatious manner. Al-Makrizi is quite explicit in his statement that Shi'ite law was first taught in Cairo by the son of the Fatimide cadi whom al-Mu'izz had brought with him. "Fatimide law," he says, "according to Shi'ite doctrine was first taught at the Azhar in Safar 365 (975), when' 'AH Ibn al-ISTu'man, the cadi, sat in the Cairo mosque known as the Azhar and dictated a compendium of law composed by his father for the Shi'ites."6 This work was called al-Iktisar.7
1 al-Makrizi, Khitat, vol. ii, p. 334.
2 See Snouck-Hurgronje in ZDMG., vol. liii, p. 134.
3 See Guyard in JA., 1877, 1, p. 335.
4 In the year 425 A.H. four cadis were appointed: An Imami, an Isma'ili, a Malikite and a Shafi'ite. See al-Makrizi, Khitat, vol. ii, p. 343 et seq.
6 The Shi'a naturally looked with more favour upon the Shafi'ite system, because of the position the latter took in regard to the use of the (j^Lk.* . See Goldziher, Beitrdge, pp. 485, 500.
> a favorite designation with which the Shi'a glorified
its political leaders. They, therefore, speak of the see Goldziher in ZDMG., vol. xxxvi, p. 279.
1 I have the quotation from Mustafa Bairam's xJL«x on the Azhar
Mosque (Cairo, 1321 A. H.), p. 23. [See al-KhiM, vol. ii, p. 841.] The title of this work is said by Ibn Khallikan (vol. iii, p. 565) to have been ' al-Intisdr;" see further on p. 228.
222 J?. J. J?. Gottheil, [1906.
Ya'kiib ibn Killis (the renegade Jew and the first Fatimide vizier1) went further than did his master. During the reign of al-'Aziz, the son of al-Mu'i«z, the Caliph compelled — as al-Mak- rlzl also tells us — all the poets, philosophers, and learned men to come to his house and listen to t>he exposition of a little book that Ibn Killis had put together containing whatever of Ismaili canon law he had heard from al-Mu'izz andal-'Aziz. On Tues- days and on Fridays he was accustomed to hold a special levee, at which he expounded Fatimide theories. The caliph made attendance at these levees compulsory upon the learned men and the doctors ; a special building being erected for that purpose next to the Azhar. During the reign of al-Hakim, the people were in such dread of their ruler that they joined the Shi 'a in large numbers and 'Abd al-'Aziz al-Nu'man had to hold daily sessions, at which the initiated were received.'2 The theologians had evidently gained the upper hand ; and how stringent the spirit was liable to become may be seen from the fact that in the year 381 (991) a man was actually driven from the city because a copy of Malik's al-Muwatta had been found in his possession.3 In the year 380 (990) a special Jami' — called al-Jami' al-Hakimi was erected for the benefit of the Shi'a pro- paganda ; but it was not finished until the year 403 (1012). 4
As all Mohammedan law is really canonical law, the com- mander of the ship of state had to depend very largely upon his steersman at the helm. That steersman was usually and naturally the cadi, and the cadi at first had a position second only to that of the caliph himself. If al-Makrizi is to be cred- ited, al-Mu'izz had no vizier at all ; and the duty of spreading Shi 'a doctrine and of consolidating Shi 'a practices devolved upon the cadi. The position that he held was therefore an impor- tant one ; and, in addition, at times the superintendency of the mint and of the bureau of weights and measures was also in his hands. After a while the cadi also became the chief
1 al-Makrizi in Jamaleddinni Togri-Bardii Annales, ed. J. E. Carlyle (Cantab. 1792), Notes, p. 5.
2 De Sacy, Les Druses, p. ccxi.
'Mustafa Bairam, 1. c., p. 23, al-Khitat, vol. ii, p. 341. 4 al-Makrizi, Khtfat, vol. ii, p. 277 ; Van Berchem, Corpus Inscrip- tionum Arabicarum, p. 50.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 223
preacher.1 The holders of the office must therefore have been men of some significance, and their history is closely intertwined with that of the country itself. August Milller, in speaking of the Barmecides, and the services that they rendered to the Abbfisid caliphate of Bagdad, calls attention to the fact that
1 Upon the various functions attributed to the cadi in addition to the judgeship, see the instructive remarks of Ibn Khaldun, Mukad$amat, p. HI** below. Ahmad ibn 'All al-Kalkashandi, in his work on the geography and administration of Egypt, (at least in the part translated by Wiistenfeld in Abh. der Konigl. Gesell. der Wiss. Gottingen, 1879, p. 184) speaks only of the surveillance of the markets being at times in his hands. Happily, the whole of this informing work is in course of pub- lication by the Khedivial Library in Cairo. The importance of the "Chief Preacher" in the Fatimide period is justly brought out by al-Makrizi (al-Khitat, vol. i, p. 390 ; see, also, De Sacy, 1. c., vol. i, p. 140): upon him rested a good part of the onus to propagate Shi'a doctrines. Al-Kalkashandi seems to know nothing of the union of the offices of
.<o\J> and sLfcjJ! _,c!i> : but al-Makrizi has the following :
o
»J JLftxs Lvcta ^IsYI u>oju U
~
sLejJf .c!t>« • Theoretically, it was the vizier to whom the func- tions of the cadi belonged (see Mawardi, Const itutiones politicae, ed. R. Enger, Bonn 1853, p. 39, 1); if he was unwilling to exercise the functions he could appoint deputies. This must be the meaning of al-Makrizi
(Khitat, vol. i, p. 403) : ^ 13! *j! »J jJ!
ibLo !^Ls*s LoaJ! jJUb «jU ^-ax**/ . But historically,
the union of the two offices (viziership and cadiship) occurred only in a few cases; al-Kalkashandi, in his account of the wazlr (1. c., p. 181) knows nothing of it. Ahmad ibn Sa'd al-DIn al-Ghumri in his Sj.x~k j ,*^Lc^! (Paris Ms. 1850) mentions the cases of Ahmad ibn Zakariya and
Ibrahim ibn Kudaina. Muhammad ibn Ahmad ibn lyas recalls that al-Yazuri, at the time of the Fatimid al-Mustansir, filled both offices :
According to al-Shirazi, the ultimate authority in the appointing of a cadi was vested in the spiritual or virtual head of the community :
p. 313, 3).
224 R. J. H. Gottheil, [1906.
for more than fifty years this family was in the service of the state. He adds: "Das ist meines Wissens sonst tiber- haupt nicht und anderswo selten genug dagewesen."1 It is therefore not without interest to see that in the early years of the Fatimides, and for a term covering more than eighty years, the office of cadi was held (with periods of intermission) by members of one and the same family, named al-Nu'man ; and I have tried in the following paper to reconstruct the history of this family from both printed and manuscript sources.
In addition to the individual biographies of cadis in such dictionaries as that of Ibn Khallikan and its continuation by Muhammad Ibn Shakir al-Kutubi,2 the history of the cadis in the chief Islamic centers formed a special branch of Mohamme- dan biographical science. In his chapter on 'Ilm al-Ta'rlkh,3 Hajl Khalifa divides this science into the following categories: 1, the general history of the cadis ; 2, the history of the cadis of Egypt ; 3, the history of the cadis of Bagdad; 4, the history of the cadis of Basra; 5, the history of the cadis of Cordova; and 6, the history of the cadis of Damascus.
The history of the Egyptian cadis seems first to have been written by Abu 'Umar Muhammad ibn Yusuf ibn Ya'kub al- Kindi down to the year 246 A. H. (860). " This was continued by Abu Muhammad Hasan ibn Ibrahim ibn Zulak, who carried it down to and through the biography of Muhammad ibn al-Nu'man (386 A. H., i. e. 996). Hajl Khalifa says that an appendix to this work of Ibn Ziilak was written by Shihab al-Dln Ahmad ibn 'All ibn Hajar5 up to the year 852 A. H. (1448) under the title
1 Der Islam, vol. 1, p. 465.
2 Fawdt al-Wafaydt, Bulak, 1283 and 1289 A. H.
3 Ed. Fliigel, vol. ii, p. 97.
4 A Ms. of this work is in the British Museum ; see de Goeje in ZDMG. vol. 1. p. 741. Al-Kindfs LgJlSL^ii. _^ix> *_}Lx5^was published in 1896 by J. Ostrupp, (Bulletin de VAcademie Royale, Copenhagen, 1896, No. 4), who has made it probable that this little tract of Abu 'Urnar was pub- lished by his son 'Umar al-Kindi.
5 Abu-1-Fadi Ahmad ibn 'All ibn Muhammad ibn Hajar was born in Ascalon (al-'Askalam) in 1372 and officiated as Chief Cadi in Cairo from 1424 to 1449. This will explain his interest in the history of his prede- cessors in office. He was a most fruitful writer on hadith, and biog- raphy — as well as something of a poet. See a list of his works in
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 225
^e »Uii ^ jsa$\ £jj . This work of Ibn Hajar seems to
be more than a mere appendix. It is really a biographical dic- tionary, arranged in alphabetical order, and probably contains all the data to be found in the preceding works.1 The .AV//4 al-Isr was continued by the author's pupil, Shams al-Dln Muhammad ibn 'Abd al-Rahman al-Sakhawi, who entitled his work »'j J'j ^U-UJI iU*j (That which is desired in regard to the, etc.).2 It seems a pity that the work of Ibn Zuliik has not come down to us ; al-Siyuti and Ibn Khallikiin evidently made use of it, as they cite it several times.* Nor has Ibn Zulak's other work, LgJJsLajj -o^o wsJ^', shared a better fate. I can
not believe that the Paris Ms. 18174 is really the work of so
Brockelmann, Gesch. der Arab. Lit., vol. ii, p. 67. A very full account of the literary activity of Ibn Hajar can be found in his biography written by Shams al-Din Muhammad ibn 'All al-Shahawi (Ms. Paris, No. 2105, fol. 191 b. et seq. — a voluminous work). Cf. also Quatremere, Hist, des Sultans Mamlouks, vol. i, 2, pp. 209 et seq.
1 Those portions which deal with the family al-Nu'man will be found below, both in text and in translation based upon the Paris Ms. No. 2149. A second (and more correct) Ms. has lately been added to the same col- lection from the library of the late Ch. Schefer. It is numbered 5893. No. 2152 of the same collection, containing (jfl^i^sJCj 5.je!-,Jf p.-<vH « -dx> sLxia )^=».t °y I"311 Hajar's grandson, Jamal al-Din
Yusuf ibn Shahm, is practically identical with the work of Ibn Hajar; despite the author's remarks in the preface that his grandfather's work was incomplete because death prevented him from making a thorough revision. The two Mss. of Ibn Shahm that I have examined (Paris 2152 and Berlin 9819) are very similar and are evidently of the same prove- nance. They are very correct, the Paris Ms. having been revised by the author; though they are difficult of use for text-critical purposes, as the diacritical points are wanting for the most 'part and the script is minute.
8 A mukhtasar of this was composed by 'All ibn al-Lu^f al-Shafi'i. See Haji Khalifa, vol. iii, p. 473 ; vol. iv, p. 561.
3 See, also, Carl H. Becker, Beitrdgezur Geschichte Agyptens, i. p. 14.
) -H^ LgJl2L*ii« -»a>o ^j»Li' . On Ibn Zulak see Ibn Khal-
likan (de Slane's translation) vol. i, p. 388 — who mentions only his topo- graphical description of Egypt and his history of the Egyptian cadis. The latter, it is known, was merely a continuation of a work with the same title by al-Kindi.
226 Jt. J. H. Gottheil, [1906.
important an authority as Ibn Zulak seems to have been. It is hardly of more worth than Ms. 1816 of the same library, and of which the compilers of the catalogue very properly say ' ' cet opuscle ne'renferme que des fables."1 I may also mention Ms. 1819, which the catalogue describes as identical with Ms. 1817. s At a later date Ahmad ibn Sa'd al-Din al-Ghumri al-Shafi'I wrote a history of Egypt down to the year 1640 in double rajaz verses, with the dates given in the form of chronograms.3 To this he appended a list of the cadis. To write such and many other things in verse was often an affectation of an Arab writer. Even before the time of al-Ghumrl, a similar thing had been done by one Abu 'Abdallah Muhammad ibn Daniyal al-Mausili al-Khuza'I (died November, 1310), an oculist in Cairo, dealing specifically with the cadis of Egypt in ninety-nine verses of a like kind4; to which al-Siyuti added those who had officiated from the time of Badr al-Jama'a up to his own day (1481). 5 Probably more important than these works must have been a history of Egypt written by Muhammad ibn Abi-
1 Catalogue, p. 330. LgJot. LjO.Uj^! ^uo JoLoJ
Another Ms. of this work is described in Fliigel, Die arabi-
ischen . . . Handschriften der k. k. Hofbibliothek zu Wien, vol. ii, p. 148. See, also, Blochet in Revue de VOrient Latin, vol. vi, p. 460. A renewed examination of Paris Mss. 1816, 1817, 1818, 1819 and 1820 has convinced me that not one of them can really claim to be the work of Ibn Zulak. Nos. 1817, 1818, 1819 and 1820 exhibit practically one and the same text; 1817 and 1819 going back to one and the same Ms. As these discuss events as far down as the Ottoman invasion, it is impossi- ble that 1817 is by Ibn Zulak. Nos. 1816 and 1818 are for a great part merely a shorter and a longer recension of one and the same treatise. No. 1816, fol. 45b mentions the 'Ukud al-Duriyyaofal-Jazzar, who died in 1281 A.D. ! I hope to return to Ibn Zulak upon another occasion.
3 Brockelmann, 1. c., vol. ii, p. 297. There are some 9,000 verses in the Berlin Ms. of this work. See Ahlwardt's Catalogue, No. 9831. I have given, further on, that portion which deals with the al-Nu'man family, taken from Paris Ms. No. 1850.
4 Brockelmann, 1. c., vol. ii, p. 8. They form the basis for Ibn Hajar's Raf al-Isr, and are there cited in full.
6 Both are printed in al-Siyu^i's Hum al-Muhddara (Cairo, 1321), vol. ii, pp. 117-121.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 227
1-Kasim 'Ubaid Allah ibn Ahmad al-Musabbihl (976-1029).' This work, entitled LgJ-jLoj^ ^ua ^IxiJ ^JuS 'is said to have comprised some 26,000 pages, and is frequently quoted as one of the best authorities ; but only an occasional part has remained to testify to its worth. There are, of course, plentiful notices about the Egyptian cadis in the monumental work of al-Mak- rlzl (1364-1442; al-Khitat)', and al-Siyiiti in his Husn al-Muha- dara has a special chapter, headed -«ax> »LdJ> /-^-2 The material for this present study has been gotten chiefly from the dictionary of the Egyptian cadis by Ibn Hajar, from the bio- graphical dictionary of Ibn Khallikan, from the Khitat of al- Makrizi, and from the short notices on the family to be found in Ibn Khaldun's Kitab al-'Ibar, vol.. iv (p. 55). Ibn Khallikan and Ibn Hajar have evidently used very much the same sources — Ibn Zulak and al-Musabbihl.
II. THE FAMILY OF AL-NU'MAN.
Kaffir the Irshid had placed Abu Tahir Muhammad ibn Ahmad ibn 'Abdallah al-Baghdadi al-Dihli al-Maliki in oflice as cadi dm-ing the year 348 A.H. He remained cadi, -some say for sixteen, others for eighteen years. When al-Mu'izz came to Egypt on Sha'ban 23, 362 (May 29, 973), he brought with him his own cadi, al-Nu'man.3 The father of al-Nu'man, Abu
1 His biography is given in Tallqvist, Fragmente des Ibn Sa'd, pp. 96-99 : 102-104 ; Ibn Khallikan (transl.) vol. iii, p. 87. He lived 976-1029. See, also, Becker, I. c., i, pp. 16, 32 et al. It is well known that the name is often found in Mss. as s^^+Jt. For the correct pronunci-
ation, in addition to the authorities quoted by Becker, I. c., p. 16, note 3, see Ibn Khallikan, vol. iii, p. 90, and al-Dhahabi, al-Mushtabih, ed. P. de Jong., 1881 p. fAt" .
3 Ed. Cairo, 1321 A.H., vol. ii, p. 95.
3 According to Abu-1-Mahasin (vol. ii, p. 488) al-Nu'man was origin-
ally a follower of the Hanifite School. aLftxxi! .
He is here designated as belonging to the Batiniyya ; which,! believe, is merely the equivalent of the ordinary term
228 R. J. H. Gottheil, [1906.
Hanifa, was himself a well-known litterateur, who had died at the advanced age of 104. Al-Nu'man had acted as cadi to the army of the Fatimides on its journey from the land of the Ber- bers ; but Abu Tahir came to Alexandria to meet al-Mu'izz, and seems to have pleased al-Mu'izz so much that he was allowed to continue in office.1 Ibn Nu'man had thus little to do ; but occasionally he was called upon to revise the judgments given by Abu Tahir. One of these cases must have occurred in the year 974, for he died before the case was concluded, either on Rajab 1, or on the last day of Jumada 363 A.H.2 Al-Nu'man seems to have been a learned jurist. At first an adherent of the school of Malik, at a later time he adapted himself to the Shi'a teachings of his master, al-Mu'izz. To his first period belongs a work v^sMtXtJI Jp&l o^.^~».t ^Lx5^ dealing with the different principles upon which the various schools founded their systems. He then became an ardent Fatimide, and placed his pen in its service, writing a work ^lg.ft.oJI o^V-X^-t upon the dif- ferences between the jurists, in which he defended the Shi'a
claims. To the same class belongs his Sj-c<XM ottXi'jf sr>Uc5'
an account of the first preaching of Fatimide doc- trines. Two further juridic works written by him are mentioned : jLub>.^H volxS' an(^ \L*2JC3^)t i^ jLx^" (The Triumph or Vindicator) ; but to what subject they refer, we do not know ; and a poetic piece i«>..^X.A.4~M (Choice Selection). Only one of his writings
Al-Shahrastam, al-Milalw-al-Nihal, ed. Cureton. p.
..vsi ,j«J«jLj *.#« .... auyLbUJt ; Muhammad ibn Ahmad al-Khuwarazmi ..JLjiJI ^sxJ'Lax) (ed. G. Van Vloten) 1895, p. H :
1 Ibn Khallikan, vol. iii, p. 379 : Hum, vol. ii, p. 101.
2 See the case cited by Ibn 'Hajar. According to the latter, this occurred on the 25th day of the month : but the name of the month is not given.
3 Or, perhaps more correctly; 5«J&liiiJ! S..&JJ! ^-UiLXjt ^LxS" as
given by al-Makrizi in his Lflji+Jl ^UC^ . A small extract from this work is given by Quatremere in JA. 1836, ii, p. 123. See, also, Brockel- mann, I. c. vol. 1, p. 188.
Vol. xxvii]. A Distinguished Family of Fatimicle Cadis. 229
on law seems to have been spared ^-yJI JoLaJ _i x 1^.^11 _ ^xo on the excellency of the prophet and the claims of All, which may be the ^LAJ=»^! ^\..*S mentioned above ;' while of his three polemical work against Abu Hanlfa, Malik, al-Shafi'I and al-Suraij,2 one may be the ^LaXJ^t ^1x5^. He is also said to have written a work on the " meritorious and disgraceful acts (committed by the Arabian tribes)." He is praised by Ibn Ziilak for his knowledge of the Koran, of Arabic poetry, philol- ogy, pre-Islamic history, and jurisprudence. He left several sons, two of whom followed him in the office of cadi.
Abu Tahir was evidently growing old, and al-Mu'izz gave him as assistant or associate the son of al-Nu'man, Abu al-Hasan 'All. 'All was born in Rajab 328 (940), 3 probably in Mahdiyya, the city in which the dynasty took its rise. He officiated in the Jami' al-'Atik in old Cairo, while Abu Tahir had his own Majlis. When al-Mu'izz died, in 365 A. H. (975), his successor al-'AzIz confirmed the arrangement made by his father. In addition, Abu al-Husain was appointed over the mint,4 an office often com- mitted to the care of the cadi in those days, as well as over the two mosques, probably the one in Fostat and the other in Cairo. This double authority could naturally not last long, A case is mentioned where Abu Tahir imprisoned certain persons, who however appealed to 'All and were set free. As age and disease crept over him, Abu Tahir had to be carried about ; and one day he met the caliph at the Bab al-Diyafa5 and asked him to
1 Berlin Ms. No. 9662, though this seems to contain only an extract from the larger work on " die Vorzilglichkeit des Profeten und die Berechtigung Ali's auf die Nachf olgerschaf t. "
8 Fihrist, vol. 1, p. 213.
3 Ibn Khallikan, however, says Rabi' i. 329.
4 On the situation of the ^->««a.J! J& see al-Makrizi, al-Khijaf, vol. i,
pp. 406, 445 ; Ravisse, Essai zur Vhistoire et sur la topographic du Caire, p. 76 ; P. Casanova, Histoire et Description de la Citadelle du Ca,ire, p. 720.
5 The Bab al-Diyafa must have been near to the citadel. There was a palace called Ddr al-Diyafa. See Casanova, La citadelle du Caire in the Memoires of the Mission archeologique fran$aise du Caire, vol. vi, p. 738, and Ibn lyas, _o.x» x5~>;Lj> ^lATiBulak 1311, A.H.), vol. i, pp.
147, 4; 310, 18. Ibn Khallikan says "near the Dar al-Sana'a" (al- Makrizi, al-Khijaj, vol. ii, p. 178).
230 7?. J. H. Gottheil, [1906.
appoint liis son Abu al-'Ala as his substitute. This favor was denied and after three days1 he was deposed and the sole cadi- ship was given to Ali. It seems, however, that Ali's power was at that time not quite complete. The friends and patrons of Abu Tahir interceded for him, and he continued his functions in his own house, perhaps revising the judgments given in other courts. Ali was now publicly invested in the two mosques ; in that of old Cairo it was his own brother Mohammed who read out his diploma. His appointment was complete not only over all Egypt, but over those countries also subject to the Egyptian Caliph. In addition he was appointed chief preacher, inspector of gold and silver, and controller of weights and measures. Ali, himself, soon needed assistance. His brother Mohammed was appointed to be his deputy in Tinnis, Damietta and Farama ; while a second deputy was added in the person of al-Hasan ibn Halil. The latter was a follower of al-Shafi'I ; but a special order was given him to decide according to the Shi'a rite.2_
In the year 367 3 the caliph al-'Aziz was called to Syria to quell the revolt of the Carmathians, whom his lieutenant, Jau- har, had been unable to hold in check. He took his cadi, Ali, with him, and Ali's brother Mohammed was appointed his sub- stitute during his absence. Some enemies spread the report that he had in reality been superseded ; and from where he was with the army he was forced to send word to the prefect of police, Hasan ibn al-Kasim, asking him to deny the rumor and to strengthen the hand of his brother. Ali was upon very friendly terms not only with al-'Aziz, but also with his vizier, Jacob ibn Killis. It is said that he was the first to bear the title "Chief Cadi" in his diploma.4 Before his time the title had been granted only to the cadi at Bagdad. Ali died on
1 Ibn Khallikan has " two days."
2 See supra, p. 218, note 2.
3 Not 368, as Ibn Hajar has. See Wiistenfeld, Fatimiden Califen, p. 138-9 ; de Goeje, Memoire zur Us Carmathes du Bahrain (Leiden, 1886), p. 192.
4 Husn, vol. ii, p. 101. He seems to have been recognized as chief cadi, though the title was not given to him in his diploma. According to Ibn Khallikan (vol. iv, p. 273), the celebrated Abu Yusuf Ya'kub al-Ansarl, the author of the Kitdb al-Kharaj, was the first to have the title
Vol. xxvii.] A Distinguished Family qf Fatimide Cadis. 231
Rajab the 6, 374 (Dec. 3, 984). Al-'Aziz, who was in camp at al-Jubb, a plain near Cairo, where all sorts of assemblies popular and military were held,1 came to the city, and himself said the prayers over the corpse, which was then buried in the Hamra." He was a well educated man, learned in jurispru- dence, philology, polite literature and poetry.3 In fact, he was something of a poet himself, and a few of his verses are cited by al-Tha 'alibi in his Yatlmat al-Dahr, by Abu al-IIasan al-Bakharzi,4 and by Ibn Zuliik.
Ali's brother, Abu 'Abdallah Muhammad, who had acted as his substitute while he was in Syria, was formally appointed cadi on Friday, Rajab 22, 374 — the office having been vacant for 17 days on account of the sickness of the new cadi. Born in the Maghrib, various stories are told that as a boy he had been singled out by Al-Mu'izz for the position that he now occu- pied. He must have been a man of some abilities to have held so important a post. He was constitutionally weak-bodied and was compelled to ride about in a palanquin. In this manner he was carried to the camp of al-'Aziz for investiture ; and he was even unable to be present when his son 'Abd al-'Aziz read out his diploma in the Jami' al-'Atik at Fostat. In this diploma he was appointed chief cadi over the whole of Egypt and the Syrian possessions of the Fatimides ; he was also leader in prayer, inspector of gold and silver, and controller of weights and measures as his brother had been. Not being able to attend to all his duties, he devolved some of them upon his nephew, Abu 'Abdallah al-Husain ibn 'All, who was to hear cases in the Jami' al-Hukiml. At the suggestion of the caliph himself, he appointed his son, Abu al-Kasim 'Abd al-'Aziz to be his repre- sentative in Alexandria. He stood high in favor with the govern- ment ; his son, 'Abd al-'Aziz being married to the daughter of
M
1 Really Jubb 'Amira, Yakut, vol. ii, p. 18, 4 : ^jje \«>-5>J> »»£*-£ V^5
J'L-JLJL " U>! xJI Xj-o 5v#UJt . A ^rlt atfyj is mentioned by \/ * ^_ '//'"/ /
al-Makrizi. See de Sacy, /. c., vol. i, p. 187.
2 Yakut, vol. ii, p. 333, 3 says simply ^ox>
3 It is remarkable that Ibn Hajar has nothing to say about his literary attainments.
4 Brockelrnann, 1. c., vol. i, p. 252.
232 7?. J. If. Gottheil, [1906.
Jauhar the Kii'id, at a levee held by the caliph himself (Friday, Jumfida 1, 375 = September 19, 985). It is even related that upon one occasion (Jan. 5, 996) he accompanied the caliph into the pulpit ; and when al-'Aziz died in 386 A. H. (996) Muham- mad had the honor of washing his corpse.1 This natural Iv excited the jealousy of the vizier Ibn Killis, who was afraid of the growing power of the al-Nu'man family. Muhammad, how- ever, succeeded in maintaining his position even under al-Hakim, the successor of al-'Aziz ; being high in the favor of the eunuch Barjawan, the tutor of the young prince. He was also quite intent. to advance his own immediate family. In Jumada 1, 377 (Sept. 7, 987) he removed his nephew Abu 'Abdallah, to whom he had given over some of his functions, and placed in his stead his own son, 'Abd al-'Aziz, giving him authority to act as judge on Mondays and Thursdays. In Muharram 383 (Feb. 993), he increased the authority of 'Abd al-'Aziz by allowing his son to sit as judge on every day.
This power of the cadi was distasteful also to the theologians and the jurists. ; for he forced people to address him with the
title Ljt\A*u , "Our lord."! Ibn Hajar seems to refer to some such dispute that occurred in the year 382. Muhammad had appointed a certain Ja'far to publish the religious enactments in the Jami' according to the Meccan rite.3 To this the Fakihs objected ; but their objection was overruled in a summary manner.
On account of his physical weakness he was unable to attend to much of his work during his latter years. He is said to have been of fine appearance, noble in his bearing and a ready giver of alms. Ibn Zulak pays him the compliment of saying that he knew of no cadi, either in Egypt or in 'Irak, who could be called his equal. . Though learned in all the Moslem sciences,4
1 When the Caliph al-'Aziz felt his end approaching, he recommended his son al-Hakim to Muhammad ibn al-Nu'man and to Abu Muhammad al-Hasan ibn Ammar, the Amir al-Daula. See Ibn Khallikan, vol. iii, p. 528.
2 On the use of this title, see Van Berchem, I. c., pp. 385, 386.
3 1 am not certain to what rite reference is made here — probably to that of the Zaidite sect. The Sharifs of Mecca afterwards went over to Shafi'i practices. " See Snouck-Hurgronje, Mekka, vol. ii, p. 251 f.
4 He lectured upon Shi'a law and doctrine. So many people crowded to hear him upon one occasion that a number were killed in the crush.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 233
he left no work behind him ; but he followed the Arabic custom of writing poetry, a verse or two of which have been handed down. Al-Musabbihi, however, did not think much of his poetic talents. He died on Tuesday evening^ Safar the fourth, 389 (Jan. 25, 999), having been in office 14 years, 6 months and 10 days. Al-Hakim, himself, said the customary prayers over his body. He was buried at first in his own house and then on Ramadan the ninth (August) his corpse was transferred to the Karafa cemetery.1 His palace was given to one of the friends of al-Hakim, and all his possessions were sold in order to pay the money of orphans and minors that had been deposited with him.2
For some reason no chief cadi was immediately appointed to succeed Mohammed. According to Ibn Hajar, who follows al-Musabbihi,3 the interregnum lasted for seventeen days ; according to Ibn Khalltkan for more than a month. On Safar the 23,4 Abu 'Abdallah al-Husain, the son of 'All, who had held
Al-Makiizi, upon the authority of al-Musabbihi : aU^-JI^t .05
ge. oou j f^JU g JiS
-Xi.fi. c^ JU^ ^ cy+i L_>oLj auo y**1*? Xxa*- &J
xXJL jr?V«J^ r*-g-*-a^9 ^r*; (°r ^.fjjAftj) (al-Khitaf, vol. i, p. 390, top, and de Sacy, 1. c., vol. i, p. 139).
1 To the south of Cairo. See Yakut, vol. iv, p. 48 ; al-Makrizi. Khi{a{, vol. ii, p. 443: Rieu, Supplement to the Catalogue of Arabic Mss., p. 448; Van Berchem, 1. c., p. 26.
2 It was customary to deposit in the chancellerie of the cadi moneys belonging to orphans or to persons who were absent. See Mawardi, I. c., p. HA , in the chapter headed <>LoJLM RJ^« ^3 . Such moneys could not be loaned out : though this was, of course, occasionally done under pressure. Al-Makrizi relates one such incident in the life of Saladin. In the year 590 A.H. he needed money for one of his campaigns; so he forced the cadi Zain al-DIn to take 14,000 dinars that were in his keeping and give them to him. See Blochet in Revue de I' orient Latin, vol. ix, p. 76.
3 He says expressly that al-Husain was nominated on Safar 27.
4 And not on Rabi' 6, as Ibn Khallikan says — who seems to know very little about this cadi.
VOL. xxvii. 16
234 7?. J. H. Gottheil, [1906.
partial office for a time under his uncle Mohammed, was appointed cadi by the all-powerful Barjawan. His diploma read that he was appointed to act for Cairo, Fostat, Alexandria, Syria, Arabia, and the whole West.1 He had been born in Mahdiyya in Dhulhijja, 353. He does not seem at first to have exercised all the functions of his office, a certain 'Umar ibn 'Abd al-'Aziz ibn. Muhammad ibn al-Nu'man having the author- ity over criminal cases. If this is his cousin, the Kunya "Ibn 'Umar " is wrong ; perhaps it was some distant relative. A few years later, he placed Al-Hiisain ibn Muhammad ibn Tahir to be judge in Old Cairo, Malik ibn Sa'id al-Fariki in New Cairo, and his brother, who is called simply al-Nu'man, in Alexandria. It is not apparent why he should in this manner have delegated to others so many of his functions.2 But he was evidently harsh in his judgment, for in Safer 391 (1000), or 393 (1002), 3 he was treacherously attacked and wounded in the Jami' by a Spaniard, so that in future he had to be protected by a body guard. In spite of this, he seems to have been well in the favor of the caliph al-Hakim, who gave him a house near to the KhalTj al-Hukimi.4 He was the first Fatimide cadi to be appointed chief preacher ; in addition, he was inspector of the mint and chief secretary. It was his own harshness of manner that caused his downfall. A man who brought a case before him had been wanting in due respect. At the order of the cadi the man was bastinadoed with 1800 strokes so that he died, and al-Hakim commenced gradually to shear him of his preroga- tives. According to Ibrahim Ibn al-Rakik, it was his lust for money that really caused his downfall.
1 In the diploma of Muhammad ibn al-Nu'man nothing had been said about the Maghrib. It is, however, mentioned in that of 'AIL Of course, a cadi could exercise his functions only over the districts men- tioned in his diploma. See Tornauw, Le Droit Musulman, p. 243. Al- Husain was the first to have the title sLoJlM -Acts given to him officially.
He was also leader in prayer and surveiller of the markets. Al-Kalkash- andi (I. c., p. 184) says : "at times the Egyptian provinces, the districts of Syria and the lands in the Maghrib were joined together under the jurisdiction of one cadi, and only one diploma was given him." 8 Though this was clearly within the rights of a cadi.
3 According to al-Musabbihi. In Safar 13 he is reported to have said the prayers over the body of the vizier Ja'far ibn al-Furat. Ibn Khalli- kan, vol. i, p. 321.
4 Khifat, vol. i, p. 71.
Vol. xxvii.J A Distinguished Family of Fatimide Cadis. 235
In Ra jab 393 (1003), though al-Husain was confirmed in his office, his cousin 'Abd al-'Aziz was permitted to take testimony and to act as referee. This divided authority occasioned much difficulty for litigants. His continued haughtiness and harsh- ness eventually robbed him of the caliph's confidence, and he was finally removed from office on Ramadan 16, 394 (July 7, 1004). On Muharrani 6, 394, he was imprisoned by the order of al-Hakim, and, together with two others, was beheaded at the beginning of 395. The bodies of all three were then burned.
The place of al-Husain was taken by Abu al-Kasim 'Abd al-'Aziz, who was invested cadi Ramadan the 16, 394. ' He had already held office under or together with his cousin al-Husain. It is expressly stated that he combined in his person all the offices of cadi, even that of hearing complaints. " He seems to
1 Born Rabi' 1, 354 (=March 7, 965) or 355. The authorities disagree. 5 (VJlfe+Jt -3 .Jo-A.!! . This office seems to have been in some man-
ner similar to our court of appeal. Cases were also brought before the official holder of the appointment which could not, for one reason or another, be settled in the ordinary procedure. " dllix torts, est un
terme technique designant les actes injustes et dommageables que lesmag- istrats ordinaires se trouvent impuissants a reprimer, et dont on demande la reparation en s'adressant directement au Prince." — Leon Ostroog, El Ahkdm es-Soulthdniye, Paris 1901, p. 209, uote. Technically, again, the functions belonged to the vizier, though he might delegate them to a representative. Mawardi (I. c., p. 39, 3) says in this respect : ^1 \«-sU Lg^o v._ >.A.AA**O^ [Vu fc>»W _3 JO.AJ . Al-Makrizi is more precise ; according to him the vizier sat as appeal judge in case he was a mili- tary man. Khitat, vol. i, p. 403, in the chapter headed : JaxJI
A . Generally, however, the head cadi was
(5 ' '
appointed by the caliph to hear such appeals, or an officer was especially designated for the purpose (see, also, ibid. vol. ii, p. 207). Ibn Khaldun, Mukaddamdt, p. 193 : *5lftJlJ
|JLiiJf
See also, de Sacy, I c., notes, vol. i, p. 132; ibn Khallikan, vol. i, p. 346, note 14.
236 72. J. H. Gottheil, [1906.
have enjoyed unwonted honors at the hands of al-Hakim, being permitted on two occasions to enter the pulpit with the caliph — an honor, which, as we have seen, had also been accorded to his father. As a judge he was severe and firm. He is especially noted for his learning in the Canon law according to the Imami rite. He was appointed to be the head of the Dar al-^Ilm, where he collected a large library ; he had the care of the mosques and of the pious foundations, (wakf] , and was administrator for various estates. The marriage of his sons to the daughters of the Ka'id Fadl ibn Salih was celebrated in the Kasr itself; but al- Hakim must in his madness have found some fault with him and he was deposed on Friday, Rajab 16, 398 (March 27, 1008). That he was married to a daughter of Jauhar has already been related. It was perhaps this fact that hastened his fall. On Sha'ban 7, 398, he and al-Hiisain, son of Jauhar, the general in chief of the army, were ordered by al-Hakim to remain in their houses and not to show themselves in the market-places. This order was rescinded a few days afterwards, and 'Abd al-'Aziz was in office again in Safar 19, 400. l But al-Husain and 'Abd al-AzIz evi- dently did not feel themselves safe, and together with the wife of 'Abd al-'Aziz they fled from Cairo. They were lured back by the crafty prince, Muharram 4, 401 (1009), 2 and the chief executioner, Rashid al-Hakiki, with ten Turks was ordered to put them to death. Their heads were then brought to al-Hakim. This occurred in Jumada 2, 401 (Jan. 31, 1011).
Curiously enough, Ibn Khallikan asserts that with the death of 'Abd al-'Aziz "the office of cadi passed out of the family of al-Nu'man ;" but one more cadi wTas to come from the family — the son of 'Abd al-'Aziz, Abu Muhammad al-Kasim. Perhaps he is not mentioned by Ibn Khallikan since the exact date of his death is unknown. Yet this would not excuse his distinct statement in regard to the passing of the cadiship.
After the execution of 'Abd al-'Aziz, Malik ibn Sa'd al-Far- ikl occupied the position. He remained in office until RabI' 2, 405 (1011), when the functions were given to Abu al-' Abbas
1 De Sacy, Les Druses, p. cccxxxii, says in 399.
2 Al-Makrizi in de Sacy, I. c., vol. i, p. 61. See, also, Ibn Khallikan, vol. i, pp. 253, 345. Even the position of .vJLih-tJt -i JcUJt was again given to him.
Vol. xivii.] A Distinguished Family of Fatimide Cadis. 237
Ahmad ibn Muhammad ibn 'Abdallah ibn Abi-l-'Awwam, who held office until his death in Rabi', 418 (1027). Al-Siyfiti affirms that al-Kasim was appointed immediately upon the death of Abu-al-'Awwam ; but Ibn Hajar dates his first appoint- ment from Jumada 1. There may, therefore, have been another interregnum. In spite of the high-sounding titles attached to his name in the diploma, he lasted only a little over a year, ' being succeeded by the son of Malik, 'Abd-al-Hakim ibn Sa'id. 'Abd-al-Hakim was in turn deposed in Dhulka'da 427 (1036) ;3 and our Kasim again returned to power, having jurisdiction over both civil and criminal cases, and being at the same time chief preacher. He had as assistant the historian Abu 'Abdallah Muhammad ibn Salama al-Kuda'i.8 This second term of al-Kasim lasted thirteen years, one month, and four days until Muharram, 441 (1049) ; but the historians do not speak with admiration of the manner in which he held his office. For short periods even he seems to have been replaced; at one time by Yahya al-Shihabi, at another by al-Kuda'i.4 He was fol- lowed in 441 by Abu-Muhammad ibn 'All ibn 'Abd al-Rahman al-Yazuri, who was in power for seven years and was the first to unite in his person the offices of vizier and cadi.5 The further history of al-Kasim is unknown, and with him the glory seems to have departed from the family of al-Nu'man.
From the biographical data given in the texts, the following genealogical tree may be constructed :
1 Ibn Hajar says : " one year, two months, and some days." Paris Ms. 1850 has " three months and a half." 1 Al-Siyuti has 329 ! * Brockelmann, I. c., vol. i, p. 843.
4 Ibn Taghri Bird! (Abu-1-Mahasin), in his annals for the year 436 mentions the death of the Damascus cadi Muhsin ibn Muhammad ibn al- Abbas, who was the nd'ib of al-Kasim ibn al-Nu'man for that city. Dr. Wm. Popper, who is preparing an edition of the latter part of Ibn Taghri Birdl's work, has been kind enough to give me this information.
5 See al-Ghumri, below. The name occurs quite often in Mss. mis- spelled ^b .
238 7?. J. H. Gottheil, [1906.
Hayyun
i Ahmad
I Man§ur
Muhammad
I Abu Hanifa al-Nu'man
Abu al-Husain 'All Abu 'Abdallah Muhammad
I I
Abu 'Abdallah al-Husain Abu al-Kasim 'Abd al-'Aziz
m. daughter of Jauhar al-Ka'id Abu Muhammad al-Kasim Muhammad
III. THE ARABIC TEXT OF IBN HAJAR FROM THE PARIS Ms.
No. 2149.
( ol. 136b.
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1 Read oL jL»Jt , and see Yakut, vol. iv, p. 381. 5 Ms. Paris 5893 has the better reading I _g ...V^ .
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 239
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3 Read
240 72. J. H. Gottheil, [1806.
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fol. 85a.
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Reading of Ms. Paris 2152, Ms. Berlin 9819. Ms. Paris 5893 has
; Ms. 2149 R^U4>! tXr^ . 9 Read jaJ! as Ms. Berlin 9819.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 241 -A
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Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 243 AJ Lo
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. viJUjo J! iuJLkx jou jt LSb jJbb
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fol. 129a.
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» Read yjtjf . 4 Ms. Paris 5893 sSL^ .
244 72. J. H. Gottheil, [1906.
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1 Read
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 245
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1 Read ^o!il! as Ms. Paris 5893. * Ms. Paris 5893 has AAJU!! : 2152 «n*jt .
» Read ~ <gv ... t M . * Ms. Paris 5893 L^.^ XAx
246 K. J. H. Gottheil, [1906.
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1 MB. Paris 5893 +
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 247 j! a,! jU JLL^ &A
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248 Jt. J. H. Gottheil,
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Vol. xxvii.J A Distinguished Family of Fatimide Cadis, 249
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1 Ms. Paris 5893. Vol. xxvii. 17
250 /?. J. 11. Goltheil, [1906.
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1 Mas. Paris 5893, 2152. 2 Mss. Paris 5893, 2152 juu»o .
3 Ms. Paris 2152.
Vol. xxvii.] A Distinguished Family of Fatimide < '<!</;*. 251
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4 Ms. Paris 5893 vLoL»Jf . 5 Ms. Paris 5893
252 72. J. H. Gottheil, [1906.
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Vol. xxvii.] A Distinguished Family of frit! m !<!<•. r,/,/,\. 253
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Vol. xxvii.] A Distinguished Family of Fatvnide Cadis. 255
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256 7?. J. II. Gottheil, [1906.
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3 Ms. Paris 5893
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Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 257
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1 Ms. Paris 5893, 215.3. At this point there follows, in the Paris Ms. 2149, a portion of Ibn Hajar's biography of 'Abd ar-Rahman ibn 'Umar al-Bulkini, f 824 A.H., which has been accidentally misplaced.
* The following up to p. 260, line 13, is taken from Ms. Paris 5893.
VOL. XXVII. 18
258 H. J. IT. Gottheil, [1906
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1 Above the word V , referring to the marginal note P . Does this mean " delete ! " ?
4 Ms. Paris 2152 * tX . 3 Ms. Paris 5893 S
4 Ms. Paris 2152 auot
Vol. xxvii.] A. Distinguished Family of Fatimide Cadis. 259
(j-i j £
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1 Ms. Paris 5893 , .-.v^! . * Ib. auLJJ . * Ib.
260 R. J. H. Gottheil, [1906.
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1 Ms. Paris 2152 ^X*1AA> U^. JU *l^Xi ; 5893 L^xJLft . 8 Ms. Paris 5893 Lg.o Jo . 3 Ms. Paris 2152 ^ .
* Ms. Paris 5893 &AJUO .
s From here on the text is from Ms. Paris 2149, compared with 5893 and 2152.
• The reading of 5893 and 2152; Ms. 2149 has
' Ms. 2149
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 261
UJI Jl 8
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1 Ib. > 8 Mss. 2149, 5893 ^uu*j . Ms. Paris 5893
« Ibid, auxi! .
262 It. J. H. Gottheil, [1906.
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1 Ibid b . 2 Ibid vi* . 3 Ms. Paris 2152 . « Ibid
Vol. xxvii.J A Distinguished Family of Fatimide Cadis. 263
_*isxi
aLJUs.
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Ms. Paris 5893 »<Xo . 2 Ibid 2>. .
3 Ms. Paris 2149
264 7?. J. H. Gottheil, [1906.
i-t &J<X>
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Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 265
Jlit
alftj
Jlf ftloLoVI v-^joo JU auiiJL LJU
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» Ibid oUJ!^ . 4 Ibid 5 Jj|.^ .
5 Ms. Paris 5893, 2152.
266 R. J. H. Gottheil, [1906.
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V. THE AKABIC TEXT OF AHMAD IBX SA'D AL-GHUMKI FROM THE PAKIS Ms. No. 1850, fol. 201b.
10 •
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Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 267
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268 E. J, H. Gottheil, [1906.
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Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 269
III. THE TEXT OF IBX HAJAR IN TRANSLATION.
[p. 238] Al-Nu'man ibn Muhammad ibn Mansur ibn Ahmad ibn Hayyun1 al-Isina'ili al-Maghribi, called Abu Hanifa. His genealogy has been given in the account of his son 'All. lie came to Egypt in company with Al-Mu'izz from the Maghrib. He acted as cadi in the army of al-Mu'izz ;" but the latter allowed Abu Tahir to remain in his position. The first appointment given to al-Nu'man was to pronounce judgment in the case of the domain which Muhammad ibn 'All al-Madharfi'i had made a wakf. This he had sold to pay a debt, and 'Umar ibn al-Hasan al-'Abbasi had bought it. The sons of this one then sold it to Faraj al-Hakami. Ahmad ibn Ibrahim ibn Hammad asserted that it was wakf. The matter came before al-Khas- ibi, who adjudged the property to be a wakf, [p. 239, 1.] This judgment was then brought to Abu Tahir, who ratified it ; but Faraj al-Hakami3 appealed (from the judgment) to al-Mu'izz, who commanded al-Nu'man ibn Muhammad to look into the matter. Al-Nu'man caused the testimony that had been given to Abu Tahir to be laid before him according to the contents of the book, i. e. the book containing the wakfs. Al-Husain ibn Kahmash and 'Abdal-'Aziz ibn A 'yan testified to the statements made before Abu Tahir and mentioned above. Death, however, overtook al-Xu'man before the case could be finished. He died on the . . . 4. He lived in Misr, but went every morning from there to al-Kahira.
Abu Tahir remained in his position ; but al-Mu'izz gave him as assistant 'All ibn al-Nu'man, who rendered judgment in the Jami' al-'Atik5 also after the death of al-Mu'izz. Al-'Aziz gave 'All ibn al-Nu'man ibn Muhammad jurisdiction over the mint
1 Not Hayyan, as Brockelmann, 1. c., vol. i, p. 187, has.
2 It was customary for the cadi to accompany an army in order to decide any case that might arise ; see, e. g., al-Makiizi in Blochet, Rev. de VOr. Latin, vol. ix, p. 138.
3 The Mss. have ^L^j^J! ; I have ventured to read _* ; al-Dha- habi, Al-Tanblh, p. 188.
4 Mss. 2149 and 5893 have here a sign that looks like the Arabic numeral If ; but it may merely indicate a blank in the original. Ms. 2152 has, in fact, such a blank space. Ibn Khallikan says •' the first of Rajab."
5 1. e., the mosque of 'Amr ibn al-'AV, the oldest one in
270 R. J. H. Gottheil, [1906.
and the mosque.1 Thereupon he came to the mosque and decided cases. Abu Tahir was present in his own majlis and gave judg- ment there as was his custom. Many notaries, lawyers and merchants were there also who brought their cases before Abu Tahir. These were conducted to the chief of police, who imprisoned them. 'All ibn al-Nu'man interceded for them and they were allowed to go free. Abu Tahir continued the custom of sitting in the mosque ; his health was good until he took cold and his side was lamed ; he became also too weak to move around unless carried. One day at the beginning of Safar 366 al-'Aziz was out riding, and Abu Tahir, having been carried [p. 240, 1] near to the Bab al-Diyafa, met him. Abu Tahir asked al-'Aziz to give his own son Abu al-'Ala al-Tahir per- mission to act as his substitute, on account of his own weakness. But al-Mu'izz2 answered: " There is nothing left but to dismiss him." Three days afterwards he deposed Abu Tahir and appointed 'All ibn al-Xu'man, as is related in the history of that man.
'All ibn al-Nu'man, ibn Muhammad ibn Mansur ibn Ahmad ibn Hayyun al-Maghribl al-Kairuani al-Isma'ili, of the 4th cen- tury, was born in Rajab 328, and came with al-Mu'izz from al-Maghrib, and was ordered by him to preside as judge. He and Abu Tahir acted in that capacity, the witnesses testifying before both ; but the confrontation of the witnesses took place before Abu Tahir.3 When al-Mu'izz died, the jurisdiction over the mint and over the two mosques was given to 'All ibn al-Nu'- man. He came to the Jami' al-'Atik, and held judgment there. But Abu Tahir continued to hold court in the Jami' and he dis- charged some men.4 However, he became partially lamed, and
1 This ought probably to be " the two mosques " — as was the case with his son 'All, and as Ibn Khallikan says.
2 All the texts have "al-Mu'izz." It must be "al-'Aziz." De Slane translates "to make cat's meat of." See his note to Ibn Khallikan, vol. iii, p. 573.
3 1 imagine that this is the meaning of the phrase
4 This might be the translation of the reading in Ms. 2149. Another possibility is the reading aLel+i! J<X&; "and to arbitrate [in] the assembly."
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 271
al-Mu'izz turned over the (whole) office to Abu1 'All ibn al-Nu'- man, two days before the end of Safar 366. Abu1 'All then rode together with a large multitude to the Jami' al-Azhar, being clothed with the robe of office.2 He was invested with the sword, and before him were placed robes in covers to the number of seventeen.3 [p. 241, 1] His patent was read in the jfimi' while he stood upright. Whenever the name of al-Mu'izz was men- tioned, or the name of one of his family, he gave a sign that all should bow low." Then he went to the Jami' al-'Atlk in Misr and found the preacher, 'Abd al-Samih, awaiting him in the jami'. The time had already come for him to go out. He then read the Friday prayers, and his brother Muhammad published his diploma. In this, it was stated that he was appointed cadi over Egypt and its dependencies, preacher, Imam, inspector of gold and silver, of weights and measures. Whereon he returned to his house, and there came to him a multitude of notaries, claimants, merchants, and the chief men of the land. No one kept away from him. In his patent it was said : "When one of the parties to a suit brings a case before thee and the
1 So the Mss. ; delete.
9 The khil'a of the cadi was made of wool, without any border ; gen- erally of white, the inside being of green (Quatremere, I. c., vol. ii, part 2, note 73). Al-Jauhar, when he came to Egypt, ordered the preachers to wear white, evidently an anti-'Abbasid practice. See Ibn Khallikan, vol. i, p. 844 ; JA. 1836, 3, p. 51, Abu-1-Mahasin, ii, 408. The Alid colour was in reality green ; but the Carmathians, also, adopted white. See de Goeje, Memoire sur les Carmathes du Bahrein, Leiden, 1886, p. 179. These garments were part of the insignia of office, and are even called
Dozy, Dictionnaire .... des noms des v&ements, p. 14. They
were probably kept in the o^X)l ioL=»., which was a separate
department in the caliph's palace. See al-Kalkashandi, 1. c., p. 175. Abu Yusuf al-Ansari (see p. 230, note 4) is said by Ibn Khallikan to have been the first to give a distinctive dress to the learned (Ibn Khallikan, vol. iv, p. 273).
3 These numerous robes had probably no further significance ; they were nothing more than presents.
4 The text has ^J i. e. y^o^=: L*j " indicavit aliquem." See Dozy,
vol. ii, p. 844 ; de Goeje in the glossary to al-Tabari, p. DXLVIH. Al- Hakim ordered the people to stand up at the mention of his name. Ibn lyas, Ta'rlkh Mi$r, p. 53.
272 7?. J. H. Gottheil, [1906.
other party brings it before some one else, do thou cause the two to come to thee." He knew that this had reference to his withholding cases from Abu Tahir. From that day he did so withhold cases from Abu Tahir.
Upon the third day after his appointment 'All ibn al-Nu'man rode to the Jami' al-'Atik, with a red basket before him.1 He took his station where the people were sitting in rows near the Hal- kat al-Zawal.4 There came to him the notaries, the officials, the lawyers and merchants — a very great multitude. He acted as judge for the people, addressed the agents, and read to them the Sura "al-'Asr" 3 impressing upon them the fear of God. He then asked for the notaries and for the cadi, Abu Tahir. Al-Husain ibn Kahmash, the chief notary at that time, said : " He is still in office." Ali replied, "Let him give judgments in his own house and not sit in the mosque." Abu Tahir heard of this ; he discharged the lawyers and he was practically deprived of his functions. Some people, however, interested themselves in Abu Tahir, [p. 242, 1] and procured an edict to the effect that he might still act as judge. The notaries were collected and the edict read to them. This intended action coming to the ears of Abu Tahir, he forbad it, saying: " What can I do ? All my strength is gone." Al Husain ibn Kahmash answered him: "May God recompense the cadi." 'All ibn al-Nu'man desisted from demanding the diwan al-hikm; and did not ask or demand it further — [thus showing] his good manners and his kind actions. When Abu Tahir desisted, 'All ibn al-Nu'- man had a free hand in his jurisdiction.
6f - 1 I do not know to what this refers. Al-Shirazi speaks of a l/-)t«>
(KauTTTpa) being placed in front of the cadi, while he is holding court (al- Tanblh, p. 315, 10 ; cf. 321, 5, 8). Does the text here refer to this?
~ - • am at>raid that there are some technical terms here which I do not understand. xJL=&. may mean ''the enceinte" of a building or a gathering of students around a professor who is teaching them, or even the hall where such teaching is given (see Quatremere, Histoire des sultans Mamlouks, vol. i, part 2, p. 197). JUx may mean " the afternoon." "And he took his seat in the Majlis al-Saff at the afternoon assembly." 3 Sura 103.
Vol. xxvii.j A Distinguished Family of Fatitnide Cadis. 273
'All then appointed his brother Muhammad and al-Hasan ibn KhalTl the Shfin'ite jurist; the latter with the special provision that he was to deliver judgments according to the Isma'llI rite, not according to the Shaft 'ite. This latter was accustomed to sit in judgment when Muhammad was otherwise engaged; for 'All had placed his brother Muhammad over Tinms, Dami- etta, Farama, etc. Muhammad went out there and appointed deputies ; then they returned and 'All put up a curtain in his house.1 Now when al-'Aziz went forth in 368 to make war upon the Carmathians,2 'All went along with him, putting his brother Muhammad in his own place. Many people spread the report that al-'Aziz [had superseded him]. Muhammad thereupon wrote to his brother about the rumor. 'All at once procured an order from al-'Aziz to the chief of police, Hasan ibn al-Kasim, that he should look into the matter; but Hasan answered allaying his fear,3 and reporting that the position of Muhammad ibn al-Nu'man was gaining strength.
Formerly the notaries had been accustomed to sit in the jami', according to the prescription of the cadis before him — in winter in the maksura4 and in summer near to the window ; . but the
1 For what purpose this is mentioned here I do not know ; the mean-
o „
ing of '_A^ is clear. Perhaps he wished in this way to have more
privacy.
4 At first, the Carmathians were used by the Fatimids in reducing Syria to Shl'a rule : later, the two became bitter enemies, the Car- mathians making common cause with the Abbasids at Baghdad. See de Goeje, Memoire, etc., pp. 133 seq. On the victory of al-'Aziz over them in 368, see ibid., p. 1»2.
3 Reading o»i»l |»Jou ; if ,,o«J»-! , " advising him not to press the matter."
4 The maksura was a small space partitioned off by a grille and near to the minbar of the mosque, in which the ruling prince took his place to say his prayers and to hear the khu^bah (Quatremere, Histoire des sul- tans Mamlouks, vol. i, part i, p. 164 ; vol. ii, part i, p. 283). The 'Umayyad Caliph Mu'awiya preached from such a maksura (Goldziher, Muhammedanische Studien, vol. ii, p. 41). On such a maksura in the Azhar, see Van Berchem, 1. c., p. 47. A description of the maksura in the mosque of 'Amr in Fos^at is given by Ibn Dukmak
sLoxVI JJic «Ja.u/! J (Cairo, 1809, A.H.), part iv, p. IA, below. Al- Makrizi, in speaking of the chief cadi's procedure (al-Khifat, vol. i, p.
VOL. XXVII. 19
274 J?. J. If. Gottheil, [1906.
distance induced 'All to order that they should sit near to him, [p. 243, 1] two to his right and two to his left, and that they should thus see whatever judgment he gave. It was customary for his scribe to charge for the documents which he signed. But after 'All ibn al-Nu'man had been in office for a year he grew to dislike this arrangement and forbade it. During his tenure a man apostatized. With the permission of al-Aziz, 'All struck off his head.
Ibn al-Nu'mfin was on very friendly terms with al-'Aziz, as his father had been with al-Mu'izz — sitting with him, eating with him, riding out with him, and conversing intimately with him. The vizier, Jacob ibn Killis, opposed him and the cadi tried to ignore the vizier. This went so far that 'All could not give any judgment, nor appoint an assessor' to the cadi nor a deputy, without the vizier taking a hand in the matter. The cadi did away with the attendance (of litigants) in the mosque, because it enabled the vizier to decrease his power. When the vizier was put under arrest, 'All ibn al-Nu'man returned to his former custom.
He was the first to have the title chief cadi over the whole of Egypt, because in his diploma it was stated that all the provinces (of Egypt) were under his jurisdiction.2
Muhammad ibn al-Nu'man ibn Muhammad ibn Mansur ibn Ahmad ibn Hashiib 3 al-Maghribi al-Kairuani the Imami, of the fourth century, born on the third of Safar 340 [A.H.] in the
403) says : 2U<Xj ..-o .^st sXs-f ^x> au»+:a».
place m which the vizier gave
audience was divided by a grille into two parts. All who had business with him assembled in the aLcli' ; but he sat in the maksura, which was separated from the rest of the room by a heavy grille. This was, no doubt, done to protect his person from sudden attacks. See Ravaisse, .Essen" swr fhistoire et sur la typographic du Caire in the Memoires . . . de la Mission Areheologique Frangaise du Caire, vol. i, p. 54.
1 On the functions of the JJLfr see Quatremere, I. c., vol. ii, pa rt 8, p 111 ; Ibn Khallikan, vol. ii, p. 367, note 5, and Dozy, vol. ii, p. 103.
2 Ms. Berlin 9819 adds five lines of poetry by him on the authority of al-Musabbihi, part of which are given by Ibn Khallikan. It adds also that he died on Rajab 6th, 374 [A. H.]
3 Of course, the proper reading here is ,*x=k in place of
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 275
Maghrib. He came to al-Kahira in company of his father with al- Mu'izz. He represented his brother All ibn al-Nu'man towards the end of the latter's incumbency. After the death of his brother, al-'Aziz endowed him with full powers, [p. 244, 1] on a Friday, seven days from the end of Rajab 374. He received inves- titure and donned the sword. On the same day he went to Misr in a palanquin,1 resting upon a mule because of a sickness from which he was suffering. He entered the mosque, but was unable to sit down; so he returned to his dwelling. However, his son, 'Abd al-'Aziz, the children of his brothers, and a large atten- dance, remained seated in the mosque until, after the usual Friday prayers, the diploma was read out appointing him cadi over the whole of Egypt, Alexandria, the two sacred places, and the prov- inces 2 of Syria. He was also clothed with the functions of lead- ing prayer, of assaying gold and silver, and of controlling weights and measures. In his diploma both his father and his brother were mentioned with praise. Then he sent his nephew al-Hasan ibn 'All- to the jami' to sit there as judge and informed the lieutenants of the provinces3 (of this). On Friday, Jumada 1, 375, he betrothed his son 'Abd al-'Aziz to the daughter of Jauhar, the ka'id, in the majlis of (the caliph) al-'Aziz, The gift to the bride's parents amounted to 3,000 dinars. The two witnesses were Muhammad ibn 'Abdallah al-'Utaki and 'Abdallah ibn Muhammad ibn Raja. al-'Aziz made presents to the husband, and Muhammad ibn al-Nu'man went away with a large and select assembly of his friends. His son 'Abd al-'Aziz was appointed his substitute, his nephew al-Husain ibn 'All beinar removed. Al-Musabbihl says that Muhammad ibn al-
o . •/
Nu'man was a good judge, well educated, [p. 245, 1] and learned in history. Al-'Utaki,4 in his history, says while al-Mu'izz was
1 On the kubba or palanquin, see Ibn Khallikan, vol. iii, p. 846, note 10.
2 Syria was divided into five provinces (\>LL&.|), to wit: Damascus,
Emesa, Kinnesrin, Jordan, Palestine. See Lane, p. 470a.
3 _=J«jJ! oLftJLs* . On the meaning of Khalifa (lieutenant), see the
article of de Goeje referred to in Van Berchem, I. c., p. 755. Al-Shlrazi (al-Tanbih, p. PIP) speaks of the Khalifa of a cadi.
4 1 have adopted the reading of Ms. 5893, and believe that the refer- rence is to Abu 'Abd al-Rahman Muhammad ibn 'Abdallah al-'Utaki, author of a Ta'rikh al-Maghariba; Al-Dhahabi, Mushtabih, p. 84b. The title alone is mentioned in Ibn al-Faradi, Kitab 'Ulama al-Andalus (Madrid 1891-2), p. 811.
276 R. J. H. Gottheil, [1906.
still in the Maghrib he ordered the cadi of his land, al-Nu'man. ibn Muhammad, to make some silver astrolabes, (advising him) to seat some trustworthy person near the workman. Al-Nu'man placed there his own son Muhammad. When the work \\;is finished, he gave it to al-Mu'izz, who asked him, "Whom didst thou place by the side of the workman?" He answered, " My son Muhammad." Upon this the caliph said, "He shall be the cadi of Egypt." Muhammad ibn al-Nu'man related: "When al-Mu'izz saw me — I was then quite a young fellow — he said to his son, ' Here is thy cadi."' Al-Musabbihi relates : "Muham- mad ibn al-Nu'man during his term of office appointed thirty assessors."1 He says further: "Muhammad ibn al-Nu'man was very subtle in his judgments. A woman once came to him demanding her rights of her husband, which he refused to render to her. She then asked the cadi to put her husband under lock and key, which he ordered to be done. Looking at her, he found her to be comely and in a gleeful mood. When her hus- band went to the prison, the cadi ordered that she should be locked np with him. At this she was very angry ; but the cadi said to her : ' We have locked him up to satisfy your rights ; we lock you up to satisfy his.' When the woman found this out she withdrew the complaint, and as she went away the cadi said : ' I saw that she was delighted at his being locked up, and I was afraid that she would have leisure for wrong-doing."1
He adds : The vizier ibn Killis was much opposed to the sons of al-Nu'man in regard to their judgments. It happened that al- Hasan ibn al-Husain ibn 'All ibn Yahya al-Dakkak married | p. 246, 1] his son to an orphan known by the name Bint al-DibajI with the permission of Muhammad ibn al-Nu'man.2 One of the witnesses, Bakr ibn Ahmad al-Maliki, arose and charged that the contract was fraudulent, as the girl was not of age. He was per- sistent in this statement. Ibn al-Nu'man, however, decided "It has been proven by her own assertion that she is of age. " She was taken to the kasr and the affair was brouht to al-'Aziz. She
1 I suppose that this is the meaning of JtXt here. It might also sig- nify " he reconciled," i. e., litigants, which was one of the functions of a cadi.
- Wards in chancery could be married only with the permission of a judge. Al-ShirazI, 1. c., p. 19.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 277
was examined and found not to be of age. The cadi was there- fore asked to annul the marriage ; whereon the vizier cited both cadi and witnesses before him and having sworn them, said : "May his honor declare this marriage annulled and refuse to receive the testimony of these witnesses." The cadi did so, putting out a document to this effect. In it the statement was made that it had been proven to him that the girl was not of age. The vizier disapproved of the witnesses as they had been negligent in their conduct. This happened towards the end of Jumada 1, 375. He (the vizier?) commanded that the property of the young woman should be placed in chancery, though he deducted from it a quarter for her maintenance.
(On another occasion,) it was reported to Muhammad ibn al-Nu'man that a Christian had tui-ned Mohammedan, that he had changed back again, though he had passed his 80th year. He was asked to recant, but refused. His case was reported to al-'Aziz, who had him turned over to the chief of police. He then ordered the cadi to send him four witnesses who should induce him to repent. Should he so repent he was to have (from al-'Aziz) 100 dinars ; but if he persisted, he was to be killed. He rejected Islam and was killed, his body being cast into the Nile.1'
A man of the Walad 'Akil ibn Abi Talib2 once cited before him his wife who had a daughter with her, of whom the man declared he was not the father. Ibn al-Nu'man tried to dis- suade him, but was unable to do so. [p. 247, 1] The case was brought before al-'Aziz, who commanded the cadi to have the
1 On the treatment of apostates from Islam, as recommended by the various schools, see Goldziher, Muhammedanische Studien, vol. ii, p. 215; Tornauw, 1. c., p. 298. Al-Hakim, of course, handled with great severity those who were enemies of the Alid pretensions. It is related that a Syrian once affirmed that he did not know who 'All was. Muhammad ibn al-Nu'man did the bidding of his master, had the man imprisoned and then sent four notaries to question him. After that, he w*as brought before al-Hakim, who had his head cut off. See de Sacy, Les Druses, vol. i, p. ccxcvm.
2 'Akil was a cousin of the prophet. See al-Nawawi, y^j JL$J wUc^ £>L»»u;^l! ed. Wiistenfeld, p. 426 ; Wiistenfeld, Register zu den genealo- gischen Tabellen, p. 84 ; Sprenger, Mohammad, vol. i, p. 146 ; al-Dha- habi, al-Mushtabih, p. 368.
278 ./?. J. H. Gottheil, [1906.
li'an1 pronounced between them. The cadi cited them in Dhu- 1-Ka'da 378 to the Jami' al-'Atik; the witnesses came and he warned the husband, who, however, insisted upon the li'an.1 So the cadi pronounced it between them and thus separated them.
His son 'Abd al-'Aziz was appointed judge in his place.2 He presided on Mondays and Thursdays. At the beginning of the year 381 he appointed many of the nobles his assessors ; and in Safar 382 he appointed a man named Ja'far in the jami' to deliver fetwas according to the Meccan rite. But the faklhs of the jami' rose up in tumult against him. When the cadi heard of this, he took some of them and sent three of them around (the city) riding upon camels.3 As the position of the cadi, Abd al-'Aziz, became more secure, he ceased altogether to go to the jami', holding court in his own dwelling place. No one spoke to him without addressing him as " Our lord ".
Now when (the caliph) al-'Aziz died, Muhammad ibn al-Xu'- man remained in his house in al-Kahira, and had his son 'Abd al-'Aziz preside at the court in Misr every Monday and Thurs- day. Ibn Zulak says : I have never seen of any cadi in Egypt what I have seen of Muhammad ibn al-Nu'man, nor have I heard the like of it in regard to any cadi in 'Irak. He deserved this reputation, for he was learned, careful and cautious, distin- guished in bearing and in conduct. Abu 'Abdallah al-Samar- kandi4 says of him:
1 The li'an is the curse which the husband pronounces upon his wife if he suspects her of adultery, but has not sufficient proof to substan- tiate his charge, or if the fourth of the necessary witnesses is wanting. The formula that he uses is from the Koran, Sura xxiv, 4-9 &JJI JUxJ
.wOi^lSsJ! .wo o-*^ ,.)? LgjJLc. , upon which the whole ordinance is based. The wife could do the same in regard to her husband. See the section ^LxJLjf s^La in al-Shirazi, I. c., pp. 233 et seq.; al-Sha'ram> Kitab al-Mlzan, ii, 111 ; Kashf al-Ohumma, ii, 86. A portion of the pas- sage in Bukharf s Sahih is translated by Goldziher in his Muhamme- danische Studien, vol. ii, p. 235. See, further, Tornauw, 1. c., p. 219; Querry, Droit M usulman, vol. i, p. 92, and Snouck-Hurgronje in ZDMG., vol. liii, p. 163.
2 Ibn Khallikan (vol. ii, p. 365) mentions the fact that in Jumada 1 , 380 (July- August 990) Muhammad appointed the celebrated astronomer 'AH ibn Yunus, the author of so-called Hdkimite Tables, to act as 'adl.
3 1 suppose that this was considered degrading for a man of position. Only the poor and the Bedouin ride on camels.
4 Ibn Kallikan has "Abd Allah ibn al-Hasanal-Ja'fariof Samarcand;" he, also, cites some more verses than ibn Hajar.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 279
[p. 248, 1] He was unique in noble qualities, he was illustrious
in honorable deeds and excellent. His brilliancy gleamed and he pressed resolutely on, as gleams
a polished sword. When he,gave judgment rectitude was his companion, when, he-
gave awards beneficence was his colleague.1 When he ascended the pulpit he was a veritable Kuss, when he
was present at gatherings he was a true Khalil .* Al-Musabbihl says he wrote many verses, but they do not evidence much power. Among the best are : O thou who are like the full moon of heaven, when seven and
five and two days have passed;3 O thou who art by nature perfect in beauty, thou engrossest my
heart and keepest my eye from sleep. Is there anything that is desirable in thy mouth for me ?4 If not,
I must go off with the sandals of Hunain.5 He adds : During his term of office he had a brutal fellow stoned who had committed adultery with an Alid woman. The man was stoned in the Suk al-Dawabb near to the mosque of Ibn Till fin in the year 392. But when increasing power came to him and his station became elevated, sickness took hold of him — gout and festering sores. He was ill most of the time,
1 Some readings in the Mss. are undoubtedly wrong ; Berlin 9819 omits the lines altogether. In the first line of poetry, Paris 5893 has x
Ibn Khali. aJjdJ for sLstflJ' . For *!A« , Ibn Khali, has tXx=»* . In the second line for Lol-JCct , Ibn Khali, has Loyx£.| ; in the third, Paris 5893 and Ibn Khali. 4>tjk.**JL for t>f**uJL . I have translated according to the emended text.
2 According to de Slane(Ibn Khallikan, vol. iii, p. 573/4) the references here are to Kuss bishop of Najran, and to al-Khalil ibn Ahmad. Kuss was renowned for his eloquence, and the saying went : ^x _ . U j^t
,ujj' (see Freytag, Proverbien, vol. iv, Index) ; Sprenger, Mohammad, vol. i, p, 102 ; Sprenger, El-Mas'udVs . . . "Meadows of Gold," i, p. 138. Al-Khalil was the founder of the science of prosody among the Arabs (Flugel, Die grammatischen Schulen der Araber, p. 87).
3 I. e., at the time of its fullness.
4 I. e., Can I expect any favour from thee?
5 1. e., disappointed. See the explanation in de Slane, /. c., vol. iii, p. 573, note 8. '
280 11. J. H. Gottkeil, [1906.
so that his son 'Abd al-'Aziz performed his judicial functions, kept the registers in his father's house and performed his other duties. Barjawan,1 in spite of his rank, visited him every Thurs- day. He was very well-mannered, of fine stature, stout, well ridden, well groomed and perfumed, whether sitting in his majlis or riding out. Whenever he had to make a gift he gave much and he gave quickly.
His death happened on Tuesday evening, Safar 4, [p. 249, 1] while he was still in office. Al-Hfikim came, said the prayers over him in his house, and had him buried beiieath its kubba. After- wards his body was transferred to the cemetery. He had been in office fourteen years six months and ten days. There was found charged to him property to the amount of 36,000 dinars belonging to orphans and others. The governor,2 Barjawan, ordered all that was found to be seized, sending his secretary, Abu al-'Ala Fahd, a Christian, to seize this property, to give orders in regard to its sale, and to exact payment from the nota- ries in whose charge the property had been. He who could show a written document of the cadi was allowed to remain in possession of what he had ; but he who could not show a writ- ten document of the cadi was fined,3 until half of the judg- ment was paid up. Then a settlement was made with the creditors at the rate of one-half. The judge further ordered that in future no money belonging to orphans or to persons absent should be deposited with any notaries. He then set apart a place in the Zukak al-Kanadll 4 where this money should be deposited. Four notaries were to put a seal upon it, and it was not to be opened except in the presence of all of them. For some time the matter remained in this fashion. Muhammad ibn al-Nu'man, however, gave over to one of the notaries, 'Abdallfih ibn Ahmad ibn Muhammad al-Midadi, the money belonging to an orphan, and demanded a notarial document in regard to it. The notary
1 On the eunuch Barjawan, the regent for the young caliph al-Hakim, see ibn Khallikan, vol. i, p. 253 ; Stanley Lane-Poole, History of Egypt, p. 124.
* The term *^l^ acquired the meaning "governor;"' then it was
used for any ruler. See Van Berchem, 1. c,, pp. 205, 420.
3 Read * *£. for *•._£. in the text.
4 Ibn Dukmak, 1. c,, p. 13, mentions a JuJUJLM OU»V > feu
/
Vol. xxvii.] A Distinguished Family of Fatlmide Cadis. 281 refused. Then Muhammad said: "He is not the one who ouo-ht
" O
to write out such a document." It happened that al-Midadl died in the year 379, while holding many such deposits. Ya/Id ibn al-Sanadi, the secretary of al-Hakim, had sent to him before his death [p. 250, 1] to get a receipt in regard to the moneys that he held. After his death, the greater part of this money was not found. So the cadi sold his house for 5,000 dinars and with this paid the deposits.
Al-Husain ibn 'All ibn al-Nu'man ibn Muhammad ibn Mansur ibn Ahmad ibn Hayyun (with unpointed /ta, ya, silent wan with cl.amma, and at the end a nun), al-Maghribl al-Isma'ili of the fourth century. He was born in Mahdiyya, two days before the end of Dhu-1-Hijja 353. When quite young he came with his father to al-Kahira. He learnt a book on law by heart, and was so able. as to become one of the imams of the Seveners.1 His uncle, Muhammad ibn al-Nu'man, appointed him judge in the jami'. Then he was deposed in favor of the former's son, 'Abd al-'Aziz ibn Muhammad. When Muhammad ibn al-Nu'man died, Egypt remained without a cadi for 19 days. Then Barjawan invited him by the order of al-Hakim and made him cadi ; plac- ing his cousin 'Abd al-'Aziz ibn Muhammad ibn al-Nu'man over cases in appeal. This occurred at the end of Safar or at the beginning of Rabi' I, 389. Al-Musabbihl gives the corrected date as Safar 23rd. He says : Barjawan clothed him with a sword and with white linen2 garments, he put on him a mantle and gave him a turban: — both of them gilded.3 He caused him
If this translation is correct, it will be necessary to read
On these "Seveners" see Macdonald, Development of Muslim Theology, p. 42. Perhaps the correct reading is iuuuiJt.
2 I have translated in this fashion because of the note in Dozy, Diction- naire des Noms des Vetements, pp. 180, 1, s. v. *$aJLo pi. m^aljLo . But
x,£.«J£JLo may be the same as the more usual jutia&o , of which de Goeje (Glossary to Tabari, p. CDXXIX) has collected a number of instances in the sense " vestimenta consuta."
3 Read here .wuJB joo . It seems that the turban worn by jurists was thicker than that worn by ordinary Muhamrnadans. For that
reason, a jurist is sometimes called Rx+jL ^»\ or
(Dozy, Vetements, p. 307). The &clio or Ld-Jb (a veil) was origin-
282 E. J. H. Gottheil, [1906.
to ride upon a mule1 with two mules going before him. Before him were borne many fine garments. The diploma, which created him head cadi in Misr, al-Kahira, Alexandria, Syria, [p. 251, 1] the two saci'ed places, the West and its provinces was read out while he remained standing. He was appointed leader in prayer2 and controller of the markets.3 He rode to the jami' and he refused to receive a company of notaries who had served his uncle to the number of fourteen. Al-Musabbihi gives their names. After a month's time he received them and installed al-Husain ibn Muhammad ibn Tahir as judge in Misr and Malik ibn Sa'id al-Fariki in al-Kahira. He made his brother al-Nu'man inspector of weights and measures.4 This last one was also made cadi in Alexandria and Ahmad ibn Muhammad ibn Abi
ally worn only by the chief cadi, and became thus part of his investiture (ibid. , pp, 255, 279). Al-Nuwairi (quoted by Quatremere, L c. vol. i, part i, p. 21) says distinctly in speaking of Malik Sa'id, son of Baibars :
xl **'&\\ _*f:Li' _JLt V! x^^JajL} . See further citations ibid.; and
O O_ }
cf. Sprenger, " Eine Skizze der Entwickelungsgesch. des muslimischen Gesetzes,'' in Zeitschrift fur vergleichende Rechtswissenchaft, vol. x, p. 23. Evetts, Coptic Churches, ii, p. 120. This peculiar head-dress persisted down through Mameluke times, and is often referred to. See the account of Barbafella, secretary of the Venetian Embassador in 1503 in Patton, Hist, of the Egypt. Revol. i, p. 62, and Joseph ibn Isaac Sambari's Hebrew account (end of the seventeenth century) in Neu- bauer, Mediaeval Jewish Chronicles, i, 115.
1 At a later time a special piebald mule was kept in the royal stables for the use of the chief cadi. See al-Kalkashandi, 1. c., p. 184; al-
Makrizi, al-Khitat: JLc *j*
2 xJLo pi. c^^wO may also mean "gifts," "donations." See de Goeje in the glossary to his edition of Baladhurl, p. 108. " Controller of gifts and donations ?"
4 The correct reading is l^A+J! as in Ms. 5893. ^LxjiJI in the other Mss. is a mistake for
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 283
'Awwam responsible for the pensions. He who had charge of the property of orphans1 was also intrusted with the accounts.
On Safar 3, 391, while he was sitting in the jarai' of Misr expounding the law, the evening prayer was offered. It had just been commenced when a Maghrib! from Andalusia came and attacked him. With the knife of a basket-maker he gave him two cuts, in the face and on the head. The man was caught, killed and hung up. From that day on al-Husain was guarded by twenty armed men. Al-Musabbihl mentions this matter in his history while discussing the events of Muharram 2nd, 393. The cadi waited until his wound was healed; then he went to al-Hakim. He received investiture, was carried upon a mule, while another was led before him.
This al-Husain was wounded while performing a rak'a [p. 252, 1] during the evening prayer. For this reason the guards were accustomed to take their station back of him with drawrn swords until he had finished ; then they said their prayers. Al-Musab- bihl affirms that he was the first cadi to whom this happened. Al-Hakim gave orders that double the salary, presents and appa- nages2 of his uncle should be given to al-Husain. He made a condition, however, that al-Husain should not touch even a single dirhem of money belonging to the people.3 He put him in office, invested him with the sword, caused him to ride on a mule, giving him the care of justice over his whole kingdom. He made him preacher and imam in the chief mosques ; 4 gave him the care of them and of other mosques; appointed him inspector of the mint, and of preaching, as well as chief reader and chief scribe at the evening levee. He was the first 'Ubaidi cadi to be preacher. On account of his poor health the people imagined that he would not preside at court, and that the
1 Read -Lo^l with Ms. 5893.
2 i^jLc-Uai! either "apanages" (Quatremere, 1. c., ii, p. 200), or "the revenues of his estate" (Dozy, vol. ii, p. 374).
3 1. e. money of orphans and the like, placed for safety in the diwan of the cadi. 4 If the correct reading here is, as I suppose, aLxvoli! JokLwutJ! , the
reference must be to the "cathedral mosques" (if such a barbarous term be permitted), where the Friday prayers were said. The older term was masjid. In course of time, any mosque was called a jami'- See the learned notes of Van Berchem in his Corpus, pp. 173, 765.
284 E. J. H. Gottheil, [1906.
appointment was really meant for the son of his uncle Muham- mad, 'Abd al-'Aziz, because his father had preceded him as judge and had instructed him during his lifetime. Then a num- ber of people made the complaint that there were deposits belonging to them in the cadi's diwan.1 The cadi cited his cousin Abd Al-'Aziz ibn Muhammad ibn al-Nu'man, and wrote to his uncle Abu Tahir ibn al-Musnadl in regard to the matter. He was told that his uncle had made free use of all this money, regarding it as a loan. Their reply displeased him, and he .made a further investigation, sending Fahd ibn Ibrahim the Christian, the secretary of Barjawan, .to examine into their accounts. So he took charge and investigated and compelled 'Abd al-'Aziz [p. 253, 1] to sell whatsoever his father had left. Then he sold all that he had, realizing from this more than 7,000 dinars. The secretary, however, had calculated the liability to be twice this sum. The cadi, sitting in the kasr, called the creditors and paid them the sums owed.
He then set apart in the Zukak al-Kanadil a special place for the moneys deposited with the cadi and placed there five nota- ries to register whatsoever was brought there and attested. He was the first to set aside a separate place for the care of moneys intrusted to the cadi. Previous to this all such property had been intrusted to the cadi in person or to his assessor. Al- Husain attended to all affairs with harshness and severity.2 He was the first one to have the title chief cadi in his patent ;s his father being the first of the Egyptian cadis to be addressed by such a title. Al-Hasan al-Maghribi once brought a law case before him ; but his tongue slipped while he was addressing the cadi. This angered the cadi, who sent him to the prefect of police and he was punished in the presence of the cadi's chamber- lain with 1800 strokes. He was carried about the city in dis- grace and died upon that same day. His bier was brought out, most of the people of the city came to see it, and honored his grave, praying for him but cursing the one that had done him injury. The cadi repented of his deed — but his repentance was too late.
Cf. Dozy, vol. ii, p. 792.
2 auL&x> i. e. he inspired fear among people.
3 Or ''in his protocols."
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 285
In Rajab 393 al-Hakim gave 'Abd al-'Aziz ibn Muhammad permission to try cases and to take testimony, though at the same time he confirmed al-Husain in his positions. 'Abd al-'Aziz arranged that notaries should be present at his majlis, making the condition that they should not be present at the majlis of his cousin. In this manner the people were quite uncertain what to do. [p. 254, 1] If one party brought a case before al-Husain, his opponent would bring the case before 'Abd al-'Aziz. When 'Abd al-'Aziz was present in the jami', the place of al-Husain was quite deserted, so that the matter was much talked about. Al-Hakim then wrote a diploma in his own hand to the effect that trial cases should be brought only before al-Husain. He ordered that no one should register. judical decrees upon the authority of anyone else; and that if anyone summoned a litigant who had already brought his case before al-Husain, no one else could take chai-ge of it.1 This diploma was read before the assembly.2 At this the cadi's heart rejoiced. His growing prominence did not cease until he reached the highest point of glory ; so that he compelled the notaries to be present at his own house and in the jami', and whenever one of them absented himself he had him punished.3 It was his custom to have the contents of the documents he was to sign read in his presence before he added his own signa- ture.
In spite of all this (harshness) he was very kind to men of learning. He used to reward them with flour and barley, etc., and would send them garments and other things. This lasted until al-Hakim ordered him to be removed from oflice in Rama- dan 394. He knew nothing of this, remaining in his house, until someone came and told him that his cousin 'Abd al-'Aziz had been made cadi. He refused to believe it until it was sub- stantiated. Thereupon he shut his door and remained in his house. His fear waxed [p. 255, 1] until on Muharram 6, al-
1 For the meaning of Ije*.! .jX*-} Y see the instances cited by de Goeje in the glossary to Tabari, p. CDLXXXIX. s SLo, de Goeje, ibid., p. CDXC.
3 Ju^>. ? It is possible that the reading should be x 1X2*. »j' , i. e., he imposed a small fine.
286 R. J. H. Gottheil, [1906.
Hakim gave orders that he should be taken upon an ass in broad daylight and imprisoned ; and at the beginning of the year 395 he was beheaded together with Abu Tahir al-Maghazill and the muezzin of the kasr. The bodies of the three were then burned near to the Bab al-Futuh. One of the things that led al-Hakim to disavow him was the story of the man whom the chief of police had beaten so that he died, as related previously.
Ibrahim ibn al-Rakik,1 in his history of North Africa, has related the story of this al-Husain and al-Hakim. He says (in the exact words): "And al-Hakim killed his cadi, Husain ibn 'All, and had him burned in fire." It is said that one of the reasons of his killing him was that al-Hakim had been very liberal to him;2 but had made the condition that he should keep his hands off the people's money. A certain man who had a grievance sent a paper to al-Hakim, in which he told him that when his father died he had left him 20,000 dinars, and that it had been placed in the diwan of the cadi Husain. He (the son) was living for some time upon this money. He had come one day and asked for some of it ; but the cadi told him that all that his father had left was spent. Al-Hakim summoned the cadi and showed him the complaint. The cadi answered just as the complainant had averred, adding that whatever had been left by the man's father had been spent on the man's living. Al-Hakim at once ordered the books of the cadi dealing with this matter to be brought. When this was done, al-Hakim looked up the accounts of the man, and it turned out that he had received only a little of the actual sum. Most of it was found to be still due him. Al-Hakim enumerated to the cadi the high offices he had given him, the various gifts and honors, and his having made the condition that al-Husain should not touch3 the people's money. He was afraid and terrified, and said, "Forgive me, and I shall do better." He went away
1 Abu Ishak Ibrahim ibn al-Kasim al-Katib al-Kairuani al-Rakik al- Nadim (Brockelmann, i, 155). His Ta'rlkh Kairudn is not mentioned by Brockelmann ; but it is cited by Nuwairl, 'Idhari, Makrizi, Makkari, Ibn Khaldun, Hajl Khalifa, etc. See Carl H. Becker, Beitrage zur Gesch. Aegyptens, i, 9. The present citation shows that Becker is right in placing his death later than 383 A.H. (the date given by Brockelmann).
2 Cf . the expression : XxJUs. &AA£. !^o .
3 Reading with Ms. 5893
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 287
with the man and paid him what was owing in the presence of witnesses. But al-Hfikim bore him a grudge and had him thrown into prison. Then he was taken out upon an ass in broad daylight, the people looking on and following him until he came to the loggia, where he was beheaded and his body burnt.
He held the office of cadi for five years, seven months and eleven days. Al-Musabbihi says that he once pronounced the li'an between a drunken man and his wife in the Jami' al-'Atik, which was without precedent under the 'Ubaidites. 'Al-IIakim gave to the aforementioned cadi as a fief a house in the vicinity of the Khallj al-Hakiml. ' When the Nile was high he went (in a boat) to this house ; the notaries came to him by land upon their donkeys. Then he rode from it to the Kasr and returned ; after which he. went to his dwelling-place in the Dar al-Hamra.
'Abd al-'Aziz ibn Muhammad ibn al-Nu'man ibn Muhammad ibn al-JVJansur ibn Ahmad ibn Hayyun al-Kairuani was an Isma'I- lian of the fourth century. He was born on the first of Rabl' 1, 355. He was appointed cadi on Thursday, Ramadan 16, 394, and the revision of judgments was given in his power. He was invested in the usual way, being carried upon a mule, while two other mules were led before him, and a trunk filled with garments was carried in front of him. He entered the jtirui', a large assembly being present. His diploma was read out from the pulpit. His first act as judge was to dismiss all the notaries whom his uncle al-Husain had been accustomed to receive, with the exception of Sharaf ibn Muhammad al-Makri, whom he appointed to write down his decisions and his law cases. In his protocols the following was his title:9 "The Chief cadi 'Abd
1 The Great Canal, variously called Khallj Misr, Khallj Amir al-Mii1- minln, Khallj al-Hakiml, etc.; see al-Khifat ii, 138; Siyuti, Husn, i, 76 ; Ibn lyas, Td'rlkh Misr, p. 163, and de Sacy, Relation de CEgypte par Abd-Allalif, p. 419, note 11.
1 The titles here given are of interest. He is called the " Cadi of 'Abd Allah,'' with reference to the ShPite pretensions of descent from 'All
who is the jJLM 1J« (Van Berchem, /. c., p. 43). Mansur is part of the caliph's name : Mansur abu 'All. The formula auJLfr asJJ! iiLJLo «2Lj| J^ » to which is usually added
(ibid., p. 25 et al.), has a like reference. When al-Jauhar came to Fus- t§t, he had the following words added at the end of the Khu^ba : " O my God! bless Muhammad the chosen. All the accepted, Fatima the pure, and al-Hasan and al-Husain, the two grandsons of the Apostle ;
288 7?. J. H. Gottheil, [1906.
al-'Aziz cadi of 'Abdallah and of his representative Mansfir- Abfi 'All the Inifim al-Hakim, commander of the faithful — may God bless him and his pure fathers — over Al-Kahira of al-Mu'izz, Misr, Alexandria, the Two Holy Places, the districts of Syria, al-Rahba, al-Rakka, the Maghrib, together with its provinces,
them whom thou hast freed from stain and thoroughly purified (^.5 jj|
&-U! ijJ*^)* ° mJ G°d! bless
the pure Imams, ancestors of the Commander of the believers (IlaJLJ!
^.XAX>._J! -x/o! AJ! yyJsLUJi SL^yi X.C. Jua.)." In the interesting bit of Genizah poetry by one Solomon ben Joseph ha-Kohen (published by Julius H. Greenstone in AJSL., January, 1906), the Fa^imids are also called D^^llHDn (line 8). There are a number of such references to peculiar Muhammadan titles and expressions, e. g., 1. 5 "l^Orf
<in line 9 D'OIN contains
a play upon the same word) ; 8b |
VI
1. 14a
cf. j»jL^JM oL^u, ; l. 20 ?pr = ^SAXO ; 113 Q'l
\^
sLojU! . I" a notarial document written for the Chief Cadi al-Kasim ibn 'Abd al-'Aziz ibn al-Nu'man (an account of which will be published in the JQR. for April, 1907) and referring to the rebuilding of one of the old synagogues.in Cairo, the full title of al-Mustansir is given. It is interesting to compare the extent of the caliph's rule there mentioned with that to be found in the diploma of his cadi. He is described as :
| . In the memoir mentioned
above, I have given all necessary explanations. Ibn Zulak in his
^£U6 va^lj' cjU5" (Paris Ms. 1817, p. 47a) says : i«J^« / ^ /
jjiA> —.' >*LM<J!
^5 I
/-^ ^;L°5
^ Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 289
as well as whatsoever God has given into his power, and he has made easy to be conquered by the Commander of the Faithful (in the countries of the East and West)." '
And 'Abd al-'Aziz nominated to be his successor as judge Malik ibn Sa'Id al-Fariki, and in [matters relating to] petitions Ibn Abi 'Awwam. The notaries whom he had not received hung around his door; so he sent to them [saying]: "Court duties have increased greatly upon me and I shall need your assistance in receiving testimony. Each one of you must attend to his business; and whenever I need one of you for tes- timony, I will make an appointment with him." Then they left him. [p. 258, 1] But on the 17th day of Dhul-Ka'da he had them come and made them take an oath that they had made no efforts to find employment as notaries under his uncle, that they had neither bribed him nor otherwise induced him to appoint them.8 They took the oath in regard to this, and he received them.
Al-Hakim caused 'Abd al-'Aziz to mount the minbar with him upon Fridays and upon festive occasions, as had been the custom of his predecessors. His power in legal matters extended and his station became exalted. He took his seat in the jfimi' and commenced to expound the work of his grandfather entitled " The Basal Distinctions of the [Different] Schools of Law" During his occupancy al-Hakim made over to him the care of the Dar al-'Ilm3 which he had instituted. Al-Hakim [namely]
Al-Kuda'i, OvLsLjl (J*^ <->US" (Paris Ms. 1490, fol. 141b) : xj.tXg+JI xJjJ ScXxij . ,j-o<X£jt ,jLo
UuLo
1 These words are added from Ms. 2152.
2 The Ms. reading aJ (or t^^c) IjtXcV^ »<X«£j Vj seems impossible. I suggest the reading : Sjvil Vj ^j-1*1) ^5 » and nave translated accord-
ingly.
3 The Dar al-Ilm, or " House of Science," was founded in order to propagate Shi'ite teaching in Egypt. Al-MakrizI (Khijat i. 458) has a circumstantial account of its foundation drawn from al-Musabbihl, who is evidently the authority followed by Ibn Hajar. The Dar al- ' llm was opened on the 10th of the second Jumada 395 A.H. and was closed by Ibn 'Abd al-Tahir al-Af4al ibn Amir al-Juyush in the sixth centuiy A.H. See, also, Ibn Khallikan, tr. de Slane, vol. i, p. xxix.
VOL. XXVII. 20
290 7?. J. H. Gottheil, [1906.
had built and arranged it, and had placed in it many scientific works, throwing it open to the Fakihs, allowing them to sit in it doing whatsoever they pleased — copying, studying or read- ing; after it had been furnished, the hangings placed upon the doors, and the necessary arrangements made for its attendants and for the servants in charge of the furniture.
This 'Abd al-'Aziz was appointed to sit and to converse with al-Hakim. The cadi found it necessary to give his older son al- Kasim pei-mission to participate in his legal functions at the jami', where he sat to hear cases and to decide disputes. Peo- ple were accustomed to take cases from him to his father and from his father to him. His younger son he ordered [p. 259, 1] to verify1 the documents which people brought, and to render deci- sions in a court held in his own dwelling. In addition, al-Hakim appointed him ('Abd al-'Aziz) to administer the estate of his cousin Husain ibn 'All ibn al-Nu'man, after that one had been killed ; so he took charge of all his property. He did the same with the estate of Abu Mansur al-Jauzi, one of the prominent men of his reign. He preferred the cadi as prayer-leader over a number of his assistants ; the custom having come into vogue that the caliph alone should lead them in prayer. He com- manded him to forbid men and women to promenade in the streets on the 'Ashura festival ;2 it being their (i. e. Alid) cus- tom to send out women and others who poured forth lamenta- tions, who wept for al-Husain, and who chanted dirges in the streets. The crowds were accustomed to stretch forth their hands to the goods of the merchants. This having come to the ear of al-Hakim, he commanded the cadi to forbid their going about in the streets and [to order] that they should only lament and chant in the open country.3
It happened that a certain Kutami 4 owed a certain sum but refused to pay it. It having been in his possession during a bad
1 Or "to register."
2 On the 'Ashura festival, see the data which I have collected in the Jewish Encyclopedia s. v.
3 1. e. the space between Cairo and Jabal al-Mukattam, called in al- Makrlzi's time "The Smaller Karafa." See al-Khifat, ii, p. 455.
4 The Kutama were a Berber tribe. 'Ubaid Allah, the founder of the Fatimid dynasty, was a Kutami. See al-Istakhrl, ed. de Goeje, p. 39, below.
Vol. xxvii.] A Distinguished Family of F<iti,,<i<l< (',«?;*. 291
year,1 he had appropriated it for himself. The case came to the attention of the cadi, who sent a messenger to the man ; but [the messenger] was spurned. The matter was then brought to the attention of al-Hakim, who ordered the Kutami to be dragged before the cadi in Fustat. Then he was brought on foot to al- Kahira and compelled to give up that which was due. Al-1 Ifikim [also] entrusted to the cadi the care of the mosques, the hand- ling of the wakfs, the collection of the products [belonging to them] and the application of them [p. 260, 1] as he should think well. This he did to the best of his ability, detailing for the purpose two tellers who should pass, upon accounts.
The cadi betrothed his two sons to the daughters of the ka'id Fadl ibn Salih. The ceremony was held in the castle, the mar- riage contract being for four thousand dinars which al-Hakim accorded from the public treasury. He bestowed upon them ready-made robes of honor and sixteen double pieces of cloth. The two were carried upon saddled mules, similar ones being led before them.
The cadi was severe in his judgment ; his authority was great, and he exercised authority over all the people of the kingdom. He gave orders that those notaries who should absent themselves in the morning up to the time of the majlis on Mondays and Thursdays should be mulcted in a heavy fine. His delegate at court, Malik ibn Sa'id, asked him to appoint al-Khalil ibn al- Khalil in his place, as something had happened to him prevent- ing him from riding or from going to court. This request he granted; though this had not been permitted to any other, that a delegate should name his own substitute in the city.
Al-Musabbihl relates in his history — when detailing the events of the year 397 [A.H.] — the following circumstances, the gist of which is: 'All ibn Sulaiman al-Munajjim,2 one of the inti- mates of the commander-in-chief al-Hasan [p. 261, 1] ibn Jauhar. told him that the cadi was visiting al-Husain ibn Jauhar the kii'id in his dwelling upon one of the Christian's fast days. He found there Abu al-Hasan al-RasI,3 al-Munajjira and their
1 The reading in the text is difficult. In lieu of it, I would suggest
Or " the astrologer." 3 The reading of the name is not clear in the Mss.; but see al-Dhahabi, al-Tanblh, p. 246 ; Kosegarten, Chrestomathie, p. 121.
292 R. J. IL Gottheil, [1906.
attendants. A servant came in to say that Abu Ya'kub al-Kistas, the physician, was at the door. He was invited to come in, the company being at table. They made him welcome and a number of dishes were placed before him. Then the table was cleared and drinks were brought, also the fruits and scents belonging thereto. They fell to until they became drunk. The cadi then went away ; while the kfi'id and al-Rasi fell asleep. Abu Ya'kub, the physician, remained in a portico which he had built in this place — the portico overlooked a large stretch of water1 — drink- ing and enjoying himself until he was overcome by drunken- ness. They then went out looking for his mule. The mule of al-Rasi was brought, but he refused to mount it. The servants begged him to return to his place until his own mule should be brought. So he went back to where al-Rasi was, and slept at his side. Then one of the- lackeys came and lifted the curtain, looking for the two. He saw al-Rasi but did not see Abu Ya'kub; so he entered and searched for him; and [in the end] caught sight of the tail of his garment in the water. He called a lackey who knew how to swim ; this one jumped into the water, and found Abu Ya'kub with his garments rolled around his face and sunk in the water. The servants sent word to the kfi'id, summoned the cadi, and waked up al-Rasi. [p. 262, 1] The [whole] matter was most disagreeable to them, as they knew the consideration al-Hfikim had for al-Ya'kub. They begged me to inform al-Hakim of what had happened. I went to him and told him that Abu Ya'kub had gotten up daring the night while in a stupor, and had jumped into the river; and that when the lackey got to him he found him caught in his clothing and drowned. This grieved al-Hakim, who appeared to be very much affected. He had the matter looked into. The exact cir- cumstances Avere related to him, but he shook his head.
The cadi, al-Rasi and the ka'id, however, had come to the castle on foot with fine turbans on their heads. Al-Hakim sum- moned them [to his presence]. They swore and affirmed upon oath that they had had nothing to do with the whole affair. The ka'id and the cadi called al-Rasi to witness, and he testified to their innocence. Oi'ders were then given that the body should
1 The description confirms Dozy's suggestion (ii. 41) that the al*vLb was a " portique ouvert."
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 293
be prepared and buried. This occurred towards the end of the year 397 [A.H.].
On Thursday, the middle of Rajab 398, the report was spread abroad that 'Abd al-'AzIz, the cadi, had been deposed and that his successor, Malik ibn Sa'id, had been confirmed. When the morning came, he did not go to the court until near mid-day. Then he did go ; held court, led the mid-day prayers and went off all alone, without chamberlain or footman, until he came to his dwelling place. As the day commenced to decline, certain people went around to all the .chief men telling them to collect in the castle on the morrow, [p. 263, 1] So they all assembled before Malik ibn Sa'id, who was invested with the various func- tions with which 'Abd al-'Aziz had .been invested — whose term of office had [thus] lasted three years, nine months and twenty- eight days.
Al-Musabbilri says: 'Abd al-'Aziz dismissed from office thirteen persons while he sat as appeal judge, and two during his cadiship. After his deposition, 'Abd al-'Aziz was in the habit of going to the castle alone, though constantly expecting to be killed. On the 13th of the second Jumada, 399 [A.H.J, the ka'id Husain ibn Jauhar and the cadi went out riding according to their custom, and they came back without any incident having occurred.1 Then [al-Hakim] sent for them; and 'Abd al-'Aziz going first, was clapped into prison. His servant returned home [alone] with his mule; whereupon the kfi'id and his son hid themselves. But the door of their house was broken in and al-Hfikim gave stringent orders that they should be brought. This being found impossible, al-Hakim gave word that 'Abd al-'Aziz should be released, who returned to his dwelling place. The people were already making prepa- rations for his funeral, but he quieted them. The shop-keepers had also closed their booths; these he ordered to be opened again. After three days, the ka'id went to al-Hakim unmo- lested. Splendid robes were presented to him and to 'Abd al- 'Aziz; before them many garments being carried. They were led [in state] upon two horses, many horsemen preceding them. Then al-Hakim gave back to 'Abd al-'Aziz the hearing of appeal cases. His certificate was read out; he was clothed with
1 UJLwwJ ; or " having greeted " [al-Hakim.]
294 R. J. H. Gottheil, [1906.
ready-made garments [p. 264, 1] and with thetailasan. He was led riding upon a mule ; before him was another and in front of him was carried a chest full of garments. He was [thus] con- firmed1 on Safar 9th, 400 [A.H.] The revenues of a fief were given to him, and upon the door of his dwelling-place a plaque was put with the name of the diwan. On the last days of Ramadan the cadi's sons married the daughters of the ka'id to whom they had been betrothed.
In the latter part of Muharram 401 [A.H.] the cadi and the ka'id became suspicious of perfidy on the part of al-Hakim towards them; and on Safar the 9th the cadi, the commander- in-chief Husain, their followers and their friends took to flight, carrying with them much .of their wealth, and went in the direction of Dujwa.4 When al-Hakim heard of this, he put seals on their dwellings and ordered Malik ibn Sa'id al-Furik! to ride to the dwellings of the cadi and of al-Husain, to seize whatever he might find there and to carry it off. The cadi and the ka'id kept in hiding until Muharrain the 6th, 401 [A.H.] when they appeared, a safe-conduct having been written for them. They remained at their posts until Friday, the 12th of Jumada, on which day they were present at their posts and then returned. At once al-Hakim sent to them and they came back ; whereupon a band of Turks killed both in the vestibule. The seal was .at once put [p. 265, 1] on their dwellings, their houses were immediately surrounded, and they passed away unavenged. Many of their followers were seized and fined.
'Abd al-'Aziz was learned in the canon-law of the ImumI rite, as his whole family had been, especially his grandfather. The Sheikh 'Imad al-Dln ibn al-Kathir3 attributed to him the authorship of a work entitled Al-Balagh al-Akbar wal-JVamus al-Aizam dealing with the principles of religion. But in this he was mistaken ; for it was a work composed by his father giv-
1 Reading JLX.*J^ .
2 Dujwa or Dijwa, six parasangs from Fus^at, Yfikut, ii, 555, in the Sharkiyya province. This can hardly be the present ^£»— > 3 » marked in the Egyptian Postal Guide (Maslahat al-Busta, Cairo 1906, p. 268) as being in the Kalyubiyya province.
3 Born 1301, died 1373. The reference may be to his large historical work, Al-Biddya wal-Nihdya, Brockelmann, ii, 49.
Vol. xxvii.] A Distinguished Family of Fatimide Cadis. 295
ing the ideas of al-Nu'man, that one's father. Ibn Kathlr says that the cadi Abu Bakr al-Bakilam1 wrote a refutation of this work. Ibn Kathir adds "It contains heterodox ideas, the like of which Iblis himself would not have conceived." Such were his words.
Kasim ibn Abd al-'Aziz ibn Muhammad ibn al-Nu'man al-Ma- ghribl belonging to the Imaml sect, of the fifth century. He was called Abu Muhammad, and was put in office after Ibn Abi al-'Awwam" on Sunday, the 4th of the first Jumada, in the year 418. 3 His diploma was published in the kasr and in the jami' of Fustat. He received the title Kadi al-Kudat, Thikat al- Daula, Amin al-A'imma, Sharaf al-Ahkam, Jalal al-Islam.4 He exercised his functions until he was deposed on Sunday the 25th of Rajab in the year 419, he having lasted- for one year, two months and some days. This was his first tenure of office. In his place was appointed 'Abd al-Hakim ibn Sa'id ibn Malik al-Fariki. On the 6th of Dhul-ka'da, in the year 427, Kasim was re-appointed to office, presided over civil [p. 266, 1] and criminal cases, and (also) over the preaching. In this period of office al-Kuda'i was appointed and became his locum tenens in this, his second period. Kasim was not praised for his con- duct, although his term of office lasted for a long time, until he
1 Abu Bakr Muhammad ibn al-Tayyib ibn Muhammad ibn Ja'far ibn al-Kasim al-Bakilam, died 1013. See Ibn Khallikan, tr. de Slane, ii. 671. Perhaps the work referred to is his Kashf Asrar al-Batinlyya mentioned by Haji Khalifa, v, 199.
2 I. e., Abu al-' Abbas Ahmad ibn Muhammad ibn 'Abd Allah ibn Abi 'Awwam.
3 Al-Musabbihi, in treating of the year 415, mentions the fact that al- Tahir had al-Kasim ascend the minbar with him. He is here called only "Chief Preacher." Becker, Beitrdge, i, 72, 4.
4 The synagogue document above referred to (of the year 429 A.H.)
gives his title as follows : ..v-yot sLcjJI c^^
!. Al-SiyutI (vol. ii, p. 102) says of our cadi : xJ. jj! XAJ. sLfr jJ! -^ sLoJlM
296 Gottheil, A Distinguished Family, etc. [1906.
was deposed in al-Muha.rr'am 441 ; this second terra having endured thirteen years, one month and four days.1 The verses in which both he and Ibn 'Abd al-Hakim al-Fariki were ridi- culed have already been cited.2
Abu al-Kasim ibn Muhammad ibn al-Nu'mah is the same as Ibn 'Abd al-'Aziz previously mentioned.
AN ADDITIONAL NOTE AND SOME CORRECTIONS.
P. 224. I am not quite correct in saying that the history of the Egyp- tian cadis was first written by al-Kindi. Professor Torrey calls my attention to the fact that this was done before him by Abu al-Kasim 'Abd al-Rahman ibn 'Abd al-Hakam (died 257 A.H.). This was not apparent from any of the reference books; but see now Torrey, "The Muhammedan Conquest of Egypt and North Africa," in Biblical and Semitic Studies (Yale Bicentennial Publications), N. Y. 1901, p. 279 : " Appended to the history proper is a collection of brief biographies of the qddls of Egypt, from the Conquest down nearly to the author's own time.'' It forms the sixth of the seven parts of the Futuh Misr. As it stops at the year 246 A.H., it is evident that al-Kindi has based his treatise upon these notes of Ibn 'Abd al-Hakam. I purpose to edit al-Kindfs account of the cadis.
|
P. 229, note 4 read Ravaisse. |
P. 245, 9 read I g-^v , |
|
P. 239, 13 read xb^xiJl . P. 240, 1 read LI . |
P. 248, 9 read KUi&> . P. 248, 13 read (jWvJ . |
|
P. 242, 1 read vJsUxi . P. 242, 4 read ojC*,. . |
P. 250, 8 read xcJL^XA-vJ. . J P. 251, 4 read .v^JLuJ. . |
|
P. 243, 11 read gLdftJ! . |
P. 254, 5, 10 read J^J . |
|
P. 245, 2 read ^.oLs . (S P. 245, 3 read xiLiij . |
P. 254, 10 read M^ . P. 256, 16 read JoxJ! . |
1 Al-Makrizi (al-Khltat, vol. i, p. 355) says that he held office for four- teen years ; but this is probably not meant to be absolutely exact. * In some other biography of this same work.
Supplement to the Old- Babylonian Vocabularies. — By R. J. LAU, Ph.D., Columbia University, New York City.
IN 1896 Columbia University in New York City came into possession of 455 Babylonian clay-tablets, 258 of which are a part of the so-called Telloh tablets, discovered by Ernst de Sarzec in 1894-L895. They can be assigned to the fourth dynasty of Ur (2750-2550 B. C.), both because of the given dates and for paleographic reasons; though a number of the tablets contain only the day and month, else no date at all.
While copying, transcribing and translating these inscriptions I met with some expressions which, I believe, have not yet been translated. And when I later compared the 'Sign-List and Glossary' of my book, Ancient Babylonian Temple Records (soon to appear), with George A. Reissners Tempelurkunden, I found that the Columbia University Collection contained words and phrases which have been left untranslated by other authors, or which do not occur on any tablets so far published.
I herewith offer the following list as a supplement to the existing vocabularies :
AD.E
BA
r s
298
M. J. Lau,
[1906.
"DUK
-+GrUN(J
- /•
s (p ~?)J -f-
T)u MU
KU.MAL, /ru/LWi Sl&M-
DA. G'EMS HXR.HfiR
(A IS) vrv'/n/ntc/i' ~urdo4/(U& fa U
SAJauj} i /u. t .;
HU KAK KA
Vol. xxvii.] Supplement to the Old- Babylonian Vocabularies. 299
/ou JoJ(/t/UtiL<t> dodL/Vsmt
a A B ^/naUMJ') /nrirfJy AM Jia/nds(<S(/ ^
f<A
&
A/A QlS.Nt A/A »f/^
/cus/tnaM; fra/ijuAts Jf&t&rttoj *j.i,t
A/, l., &st '/d /I'tT^fo'txrujwi .
MU . . .
) =
V • / <>
,w<^ (M u = 3
300
72. J. Lau, Supplement, etc.
[1906.
$1 Nl. IB NIN S/D.Atir
Abel totf) in the Bible.— By E. J. LAU, Ph.D., Columbia University, New York City.
Siegfried and Stade (Hebraisches Handwdrterbuch, p. 5a) translate this word 'grassy plain, pasturage (Aue, Trift) ;' others have suggested that it should be read 73K •
It neither means 'grassy plain,' nor must it be changed to O^ f°r tne following reasons:
1. On such an ^DK the Israelites had placed the ' Ark of Jahve '
(1 Sam. 6, 18: "fT p^V^ H^ in^H 10J n^ll-l ^N)- If this ^5^ na(^ been a 'grassy plain,' the text would read m 1IT3n "KPN. instead of JTty IIT^n "K5>N : it must
T • • v - : T v *r • • v - :
therefore have been an object higher than the ground itself. According to verses 14 and 15 it was an H^IIJJ ON- ' a large stone,' which still stood in the field of Jehoshua (v. 18, last clause) in the time of the writer of the book of Samuel.
2. Other passages in which /Dl^ occurs seem to prove that these
stones were placed in certain localities
a) to commemorate well-known events of the past:
a) the DHVP^N. 'the ^K of the Egyptians,' where the Israelites (called here Egyptians) mourned for Joseph; cf. Gen. 50, 11.
B) the n^inD^N. 'the *?2N of the dance,' which
T : •• T •• T
had been placed in memory of a certain 'great rejoicing ' of the people ; Judges 7, 22 ; 1 Kings 14, 12; 19, 16. y) the rO^E n>3 "^K > ' the ^DN at Beth Maa-
T ^ : - •• T •• T
chah;' 1 Kings 15, 20; 2 Kings 15, 29; 2 Sam. 20, 14, 15.
b) to mark possession ; with a signification similar to that of the Assyrian kudurru, 'boundary-stone.'
a) D.*0 *??£ • ' the ^N of (at) the water(s) ;' 2 Chron. 16, 14.
302 R. >T. Lau, Abel (tf) in the Jtible. [1906.
/8) DWnN. 'the Dtf of (at) the locust-trees;'
Nu. 33, 49. y) D'0"D ^SN • ' the ^DN of (at) the vine-yards ;'
• T : " T •• T
Judg. 11, 33.
This ^5^ stone'" was not merely a boundary stone, but one that marked 'possession.' The fact that the word occurs only in the singular goes far to prove, that
1. only one stone was placed on the land, at the waters, in the
grove of locust-trees, or in the vineyards, mentioned above ;
2. that most likely it was larger than a common boundary-stone,
but lower than the cart on which the ' ark ' was moved.
3. A further proof for this assertion can be adduced from
the Assyrian ablu, iblu:
a) Nebuchadnezzar styles himself (VR. 55, 5): misir kudurreti, muMnu able, ' protector of the boundary- stones, and establisher of the able (stones).' Accord- ing to this passage the kudurru was different from the ablu.
b) Nabopalassar says (OBI. I, col. II, 28-31 : amelDI3f.
GAL. E istattum (=istenis) ibU ukinnu1 'the mas-
ter-builders determined the ibleS Here ible must
mean not merely the boundaries, but rather the e.>'ti nt
of the boundaries in either direction, that is they
determined where the ible-stones should be placed,
which marked the extent of the boundaries.
According to these two passages the Assyrians made use of
more than one ablu or iblu, which were not the same as the
kudurre, for the words occur only in the plui-al. The Hebrew
^DK °ccurs only in the singular, and was placed 1) to commem-
orate a certain event; or 2) to signify possession.
The Pi'lel in Hebrew. — By Louis B. WOLFENSON, Johns Hop- kins University, Baltimore, Md.
• ' /
IN the Semitic languages the great majority of words are derived from triconsonantal roots. There are a number of pluriconsonantal roots,1 e. g., DD"O (impf. Qal with suffix Ps. 80, 14), 'eat off,' .jrnflV 'frog'; Arab. ^x+Z qam'-al 'sprout;
be chief; Syr. ^nji 'hasten'; Eth. DIM lanbasa (J^-A-A_£- lanbas from (j***^) ' lion,' etc. ; but these are in nearly all cases derived from triconsonantal roots in various ways.2 According to some authorities all triconsonantal roots are in their turn derived from biconsonantal roots.3 The biconsonantal roots, however, they regard as altogether prehistoric, and all words in the historic stages of the languages are looked upon as derived from triconsonantal stems. The shorter biconsonantal form of the verbs *V'J^4 and $"$ are thus considered to be the result of elision and contraction of triconsonantal ones.
1 The number of pluriconsonantal roots in Hebrew is small ; in Syriac the number is larger, while in Arabic and especially in Ethiopic they are relatively numerous.
2 For the ways in which these formations are developed cf. Gesenius- Kautzsch27, §30, p. q.; Dillmann, Aeth. Gram.*. Leipzig, 1899, §§71-73, 77, 78 ; Noldeke, Syr. Gram.2, 'Leipzig, 1898, § 180 ; and the special treat- ises of F. G. Schwartzlose, De Linguae Arabicae Verborum Plurilittero- rum Derivatione, Berolini, 1854 ; Stade, Ueber den Ursprung der Mehr- lautigen Thatworter der Ge'ezsprache, Leipzig, 1871 ; Martin Hartmann, Die Pluriliteralbildung in Semitischen Sprachen, Halle, 1875 [only the Erster Theil ; Bildungen durch wiederholung des letzten Radicales am Schluss und des ersten nach dem zweiten has appeared] ; Siegmund Fraenkel, Beitrdge zur Erklarung der Mehrlautigen Bildungen im Ara- bischen. Leiden, 1878.
3Cf. Ed. Konig, Lehrgebdude der Hebr. Sprache, Leipzig, 1881, 1895, II1, § 119, "3 b), c) (p. 370 ff.); and contrast Gesenius-Kautzsch27, p. 99, n. 1. It is most likely that originally all roots were not biconsonantal, but that there were also triconsonantal ones; cf. Delitzsch, Studien uber Indo- germanisch-Semitische Wurzelverwandtschaft, Leipzig, 1873, p. 70.
4 Verbs *V tt is used as a convenient symbol meaning verbs mediae u, mediae i, following Konig, who uses also *Y'fl similarly.
304 L. B. Wolfenson, [1906.
This view of these verbs is that of the national Arabic gram- marians, and it is supported by the many secondarily regular forms in their language. In Hebrew, however, which is in some respects more primitive than Arabic,1 the conditions are differ- ent, and the earliest Hebrew grammarians and lexicographers of tlie Middle Ages did not hold this. view. They believed that in Hebrew there are biconsouantal2 and even uniconsonantal roots in the case of certain weak roots like PDJ3, etc. The explana- tion that the shorter forms of the verbs *V'J? and J?"J7 are con- tractions,, is based on the Arabic view, and was first introduced in Hebrew by the grammarian and lexicographer Hayyuj^ liv- ing at Cordova, Spain, in the latter half of the 10th century and early part of the llth, who spoke and wrote Arabic, and applied to Hebrew the principles of the Arabic language and the meth- ods of the Arabic grammarians. His view of these verbs pre- vailed until the last century, and is held even at the present time by such a prominent grammarian as Ed. Konig,b as well as by others of less note.
1 Cf. Gesenius-Kautzsch5", § 1, n.
2 This is shown by the arrangement of their lexicons. Thus, e. g., in the lexicon of Menahem ben Saruk we find the root {^j^J treated under the biconsonantal heading J^JJJ ; nit^ aQd Hfl^ both under
' an<* T^lDJ UQder V£ ; showing that the ultimate root of many so- called weak roots was considered biconsonantal. See the edition of Menahem's Lexicon by Herschell Filipowsky, Antiquissinmm Linguae Hebraicae et Chaldaicae Lexicon . . . A Menahem ben Saruk . . . Londini et Edinburgt MDCCCLIV, pp. [168]a, [I71]b, [144]% and cf. J. Fiirst, Zur Geschichte der Hebrdischen Lexicographic, the Introduction to his Hebrdisches u. Chald. Handworterbuch, Leipzig, 1863 (2d ed.), p. xx.
3 Cf. the Lexicon of Menahem, p. [103]b, under "j for ,""O3 ; cf. also p.
[123]a, and [127]b for other examples of uniconsonantal roots (7 root of
nj» . D root of HDJ)-
4 His views on this subject are expounded in the two treatises called the Kitdb al-Af-dl dawdt Huruf al-Lin, and the Kitab al-Af-al dawat al-Mithlain; see the edition by Morris Jastrow, Jr., published under the title "The Weak and Geminate Verbs in Hebrew, by .... Hayyuj," Leide, 1897, Preface, p. xi, and cf. Fiirst, 1. c., p. xxiv.
5 See his Lehrgebdude, I, §34 (p. 320 ff.), where the verbs V"V are treated under the heading of Contracted Verbs. Cf . also Vorrede VII, and pp. 479-81 with pp. 451-53. Of course the question of the ultimate origin of these shorter verbs is not affected by this opinion. Thus both
Vol. xxvii.] The PMel in Hebrew. 305
However, beginning with J. Fiirst1 and Ewald," there has been a constantly growing number of scholars who have regarded the verbs *V'^ and $"$ not as contractions of triconsonantal forms, but as developments of biconsonantal roots which were not expanded to the triconsonantal forms as in other cases. Thus Noldeke,3 Bottcher,4 A. Miiller,6 Stade,6 deLagarde,7 Friederich Delitzsch,8 Zimmern,9 Kautzsch,10 Wellhausen,11 and others have
Konig (cf. p. 303, n. 3), and Mayer Lambert, who believes that the verbs *V17 and y ' V are contractions of triconsonantal forms (cf. his article " La Trilitteralite des Racines V"V et *\" \} ," in Revue des Etudes Juives [REJJ, Tome xxxv, 1897, p. 203 ff.)> consider that these verbs (*y'^ and yy as well as all other triconsonantal verbs are derived from original biconsonantal roots. Cf. Mayer Lambert's paper in Semitic Studies in Honor of Alex. Kohut, Berlin, 1897, p. 354-62, but contrast Gesenius- Kautzsch27, p. 99, n. 1.
1 Cf. Lehrgebaude der aramdischen Idiome, Leipzig, 1835, §§ 91 (p. 81), 153 (p. 158). As far as I can find, no credit has been given Fiirst for postulating the theory that the verbs *V'17 an^ 1^"17 are biconsonan- tals, as his name is omitted in everything on this subject wjiich I have seen, Ewald and Bottcher being the first scholars mentioned as holding this view.
2 Cf. Lehrbuch der Hebraischen Sprache9, Gottingen, 1870, §§ 112, 113.
3 In a review of Olshausen's grammar in Benfey's Orient u. Occident, I, 1862, p. 760 ff.; cf. Mandaische Gram., Halle, 1875, §87, and Beitrdge zu semit. Sprachwissenschaft [BzsS.], Strassburg, 1904, p. 46.
4 Lehrbuch, 1866-68, §§1116f.; 1127 f. 6 In ZDMG. 33, 1879, pp. 698-700.
6 Hebr. Gram., 1879, pp. 109 ff., 138 ff.
7 Cf. Orientalia, II., Gottingen, 1880, p. 6 ; Ubersicht, Gottingen, 1889, pp. 26, 27.
8 Assyrian Gram., Berlin, 1889, § 61, 1) ; § 115.
9 Vergl. Gram. d. semit. Sprachen, Berlin, 1898, § 50 b, c. ; § 51 b, c.
10 Gesenius-Kautzsch, Hebr. Gram.*\ §§ 67, 72.
11 Skizzen u. Vorarbeiten, VI, Berlin, 1899, p. 250-255. This article Wellhausen says he wrote to explain especially the impfs. of the so- called verbs vy, e. g., Q*jj^ , 7*3*. De Lagarde, however, had pre-
viously stated that these verbs were biconsonantal just as the verbs called V'tt. In 1880 in his Orientalia, II., p. 6, he says : "die wurzeln •JT7 und i]f halte ich garnicht fur dreiconsonantig, sondern — seit jaren habe ich dies offentlich gelehrt — fur zweiconsonantig," and in his Uber- sicht, p. 26, 27: "Ich glaube, dass es zweikonsonantige Wurzeln mit ursprunglich langem Vokale gibt : j*Ls mit (•«JL> [• • • •]• Ich fiige jetzt
s ° hinzu, dass ich ^j mit .J^ parallel setze, etc." Apparently no notice
has been taken of these statements. Wellhausen does not refer to VOL. xxvii. 21
306 L. B. Wolfenson, [1906.
considered these verbs as biconsonantal. It is A. Miiller, Stade, and Wellhausen especially, who have most consistently carried out the biconsonantal explanation.
According to their explanation, these verbs are derived from original biconsonantal roots with a short characteristic vowel between the two radicals, corresponding to the characteristic vowel between the 2d and 3d radicals of triconsonantal verbs. Under the influence of the prevailing triconsonantal types, the biconsonantal forms of the verbs 'V'J? and ^"j^ were usually amplified: the former, by lengthening the short characteristic vowel between the two radicals,1 e. g., in Dip* the $ is from
Lagarde, nor does Noldeke in the reprint of his paper Die Verba ">]) im Hebrdischen in BzsS., p. 34 ff., although Lagarde refers (Uebers., p. 26 below) to Noldeke's article (first published ZDMG. 37, 1883, p. 525 ff.), and Noldeke accepts the explanation of Wellhausen (BzsS., p. 46). Lagarde's explanation, however, is based on the assumption that the verbs ^V'J/ had an originally long vowel between the two radicals (cf. above). This same view is held by Ewald, Delitzsch, and Zimmern (cf. II. cc.). Wellhausen, on the contrary, correctly explains these verbs as derived from biconsonantal roots with an originally short characteristic vowel, so that the i in Q*{£?* is lengthened (under the influence of the longer, predominant triconsonantal forms) from I, just as the u in Q^* is from u, and the 6 for d in J^i^* from #•
1 This lengthening takes place usually in forms in which the charac- teristic vowel stood originally in an open syllable, e. g., Arabic +\ _ '•, ,
i' , IfcXili', etc., from original qdma, qdmdt, qdmu ; Syriac
^ Q.<aQc ? etc. But in Hebrew this lengthening did not take place in the corresponding forms of the Qal perf., Qp , HOP (DD> £^3). etc->
IT T IT
being for qdm, qdmd (met, bos), with tone-long vowels, and so really= qdm(d), qdmd (mlt, bus), etc., with heightening (not lengthening) in the tone. The forms of the Qal act. part, are the same as those of the 3d masc. sing, perf., hence qdm, met, bos, although the vowels are unchangeable. Cf. F. R. Blake in JAOS. vol. xxii, 1901, p. 51, n. 3 ; Wellhausen, Skizzen u. Vorarb. VI., p. 252; and contrast Gesenius- Kautzsch", §72g.
In both Hebrew and Arabic an originally short characteristic vowel was retained without lengthening when it occurred in a closed syllable. Thus in the jussive and apocopated forms the original short vowel was not lengthened because in a form expressing a command or the like it was
desirable to have as short a form as possible, e. g. , Qr})=idqom with
I T
later tone-long 6 from jo</ftm,Qp»^= iianaqom in which the original u
Vol. xxvii.] The PMel in Hebrew. 307
an original $, in /*J|* the i is from an original \\ and in NlD* the
6 is for d from $; the latter by doubling (not repeating) the
< second radical j e. g., HDD from an original scibcit, etc., the
doubling being secondarily omitted in Hebrew in forms in which the final vowels are dropped, e. g., ^D for sabb, cf. Arabic
"ifarra, etc.
appears as 6, ^y>=jfigel with tone-long e from iagil, etc. ; Arabic
" T
iaqul, _**.> iasir, Jyj iaz&l, etc. Also in forms having an afformative
beginning with a consonant, the characteristic vowel, occurring in a closed syllable with a second consonant immediately following the final radical, was not lengthened, no doubt on account of the firmness resulting from the juxtaposition of two consonants without intervening
vowel, e. g., Arabic <&*+£ qumta, OA.AJ blnta ; Hebrew fipP » f1&'^} (with 6 heightened from u in the tone): impf. ..vJLftJ iaqulna, .J^A^J
iaslrna, ..vyj iaz&lna; Hebrew nj^r) with o heightened (not
lengthened) from u (if it were lengthened it would become ft as in Qlf^
, I T
from iaqum), HJ 7Jfl witn ^ from *> and n^JOn with 6 (Qot 6 as is
T : •• T T T
stated, Ges.-Kautzsch27, § 72 k) obscured from a which was lengthened from an original a on account of the quiescing of the }$ in an original taba'na. [In the rarer n^iOfl (cf- Ges.-Kautzsch-1, § 76 g) the _i_ is
T V :
also 6 for a ; but here the d — as well as the ft in nJPOIDfl an(^ *ne * *n
TV) :
n^D^pn~arose through the lengthening of an original short vowel,
T -.•(•:
a (u, t), under the influence of the prevailing triconsonantal type, since the root syllable is no longer closed when * ~^r intervenes before the affor- mative J~fJ — .]
In such forms as these, in which the characteristic vowel occurs in a closed syllable, some (e. g. , A. Miiller, ZDMG. 33, p. 699) are inclined to think that this vowel was first lengthened and then shortened again in a closed syllable, so that fttt), e. g., is shortened from *qdmta, which
T : |-
arose from qamta. This is apparently supported by Syriac *Sa." , etc. , Ethiopic ^^°h qomka, etc., with long vowel in a closed syllable. In Ethiopic, however, the long vowel in the closed syllable is contrary to rule. Cf. Praetorius, Gram. Aethiopica, 1886, § 15. The long vowel here must be explained. In both Ethiopic and Syriac the long vowel is best explained as due to the analogy of other forms in which the long vowel occurs regularly in an open syllable, e. g., ASn" aSi-° etc.; $OD qoma, fyao^ qomat, $OD* qomu, etc. The Hebrew forms like npp are then to be explained as preserving the originally short vowel
unchanged, and are therefore more original.
308 L. B. Wolfenson, [1906.
This biconsonantal theory is the most natural explanation of these classes of roots, and is the one most in accord with philo- logical principles. For if the prevailing U'iconsonantal type of root is in considerable part a development from a biconsonantal state,1 it is more than likely that remains of this former state should be preserved in the stages with which we are familar. In language a new order of things is a growth, the older exist- ing at least for a time beside the new, and it is not introduced by unanimous agreement, as it were, of those using it. In all languages in which a growth can be observed a certain number of older forms are preserved. These older forms appear irregu- lar in comparison with the prevailing types. To consider the
This conclusion is supported by the corresponding Arabic forms qumta, o*-*J bmta, etc., in which the vowels are also short. The short- ness is original. Their quality, however is secondary. One would expect to find a in the root syllable, as in Hebrew. Wellhausen has cor- rectly explained the u and I as due to the characteristic vowels ti and i in the impf . ,*«JiJ iaqttm, -.^AXJ iatnn. Of course in the case of intrans.
verbs like JLb ' be long ' (oJlb tulta), Jk ' cease ' (oJv ziltci). it should
occasion no surprise that the original intrans. characteristic vowels are retained. Noldeke, however, has questioned (BzsS., p. 46, n. 2) in this connection : Why, if oJ\ zilta is the intrans. form, do we not find Jo\
zila instead of Jk zdla? By way of answer it will be recalled that such intrans. forms are actually found dialectically; cf. Wright-deGoeje, Arabic Gram.3 1, 1896, p. 83 D. In general, however, this form (Ju; )
became the passive in the case of trans, verbs (cf . F. R. Blake's paper. The Internal Passive in Semitic, JAOS., vol. xxii, p. 51 ff.), and when this took place the act. form jLi' prevailed also in the case of intrans. verbs in forms in which the characteristic vowel occurs in an open syl- lable (owx>lj> qdmat, \^a\Ji qdmti, etc,). In Hebrew also the trans, type Dp DDP prevailed in many verbs that must have been originally
IT : |-
intrans. Only ]•}£ , JJJ'i^ , "Tjtf , and ^JJJ^ occur as intrans. forms in the perf. The trans, form prevailed to such an extent that we find the trans, vocalization in the case of forms of J^Q having an afformative
beginning with a consonant, e. g., HDD and not
All the forms of the verbs *y M may thus be satisfactorily explained on the biconsonantal theory. 1 Cf. n. 3, p. 303.
Vol. xxvii.] The PMel in Hebrew. 309
shorter forms of the verbs *V'l? and yyi as contractions of regular ones is unphilological2 — they are original biconsonantal forms preserved in the historical stages of the Semitic lan- guages.3
Accordingly, forms of these verbs with three distinct radicals are a relatively later development. In fact, in case of the roots ^"y in Hebrew, verbal forms with consonantal4 1 and ' are very
1 I retain the symbols *\'y and V" V as being customary and conven- ient, although they are, of course, inaccurate since there was properly no radical in these verbs corresponding to y in ^yQ-
• In the case of the verbs *Y'J7 it is even impossible. For in the verbs that actually have ^ as 2d radical we find the *) preserved as a radical consonant which does not suffer contraction, and that too in just those situations in which the advocates of the triconsonantal explanation of the verbs *Y'tt say that * and ^ were elided or underwent contraction e. g., m") I Sam. l6. 23, beside forms like QH in verbs Y'tt, }|T1|T
-T IT T| : •
beside forms like )iy\fp , etc., etc. Of verbs with *) as 3d radical there occur (not including verbs tfn"1?) in Hebrew Jfljj, "Hlf, ^y , t\*\y > "liy • fill? • IDS • Pm . and y\W - cf • below, n. 4. Accordingly there is no reason why a contraction should have taken place in verbs \'y if ^ had been present originally as 3d radical any more than in the above verbs. We must therefore conclude that no ^ was present. These verbs (i. e., the so-called verbs )\'y ) were originally biconsonantal.
3 As Noldeke pointed out as early as 1862, saying (Orient u. Occid. I, p. 760) : " Wir betrachten eben Wurzeln wie q&m, sab als werth voile Uberreste einer Zeit in welche die Dreikonsonatigkeit noch nicht bestand. " Accordingly these roots have only two radicals. In his more recent statement (BzsS., p. 46 below, 47), however, viz., "Alle historischen semitischen Sprachen behandeln hier doch die Vokalbuchstaben ^ und » als Radicale," there is not a little inconsistency. According to this remark, there are practically three radicals. This is open to grave objections in fact, as Noldeke himself must needs grant, since he admits that the Arabic forms cited by him in support of his statement may be considered secondary.
4 Of course, forms of triconsonantal roots with ^ as second radical are formed regularly, and in these ") appears as a consonant throughout, e. g., ^W , rfr\y ; HIV • IITO* Is- 42' n ; etc., cf. n. 2. The gutturals
• - : T :- |T : •
in these roots have nothing whatever to do with the retention of the ^ as a consonant, as Konig (Lehrgeb. I, p. 458) followed by Mayer Lambert (REJ., xxxv, 1897, p. 211) supposes, since we find a large number of roots ]"y which also have gutturals as radicals, and yet no consonantal *) appears, as one would expect according to Konig, if it had once been
310 L. B. Wolfenson, [1906.
few, being limited to Pixels occurring only in the latest litera- ture, so that they are really Aramaic forms and not Hebrew, e- 'g-» "Tltf Ps- Up, 61; D*p Est. 9, 21, 29, 31; ID'p Esth. 9, 27, 31 ; DfO^fl Dan. I, 10. In case of the verbs yy the tri- consonantal form with repeated second radical appears regularly in Hebrew in the 3d sing, mas. and fern., and 3d phi. of the Qal perf. as the trans, form, while the more original biconso- nantal form is used as the form with intrans. meaning,1 e. g., "HV 'make narrow,' but "")¥ 'be nai-row.' Also a considerable number of regular Pi'el forms from the amplified triconso- nantal stem — which, as we saw, are practically of non-occurrence in verbs \'y — are formed from roots yy> e. g.,
It is clear from the foregoing that originally no Pi'el intensive stem could be formed in the case of the bicousonantal verbs *\'y and yy < since the Pilel requires three radicals for its formation. It is not until these roots have been fully assimi- lated to the triconsonantal form that the Pi^el can be made. In actual fact the 'Pi'el of verbs *V'j7. as was stated above, does not properly occur in Hebrew. We find in its stead the Pi^lel. Also in the verbs mediae geminatae the PWel occurs as the intensive stem, although some regular Pixels are found, e. g., ^H , etc.
With regard to the origin of the JPi'lel there have been a number of different explanations. In general, opinions as to its origin may be divided into two main currents according as it is supposed to have arisen independently in the verbs 'V'Jf and yy ,2 the agreement in final form being then accidental, or it
present, e. g., J>$1D • ^IPf » yV • "IIN (two gutturals !), etc., proving that if ^ was second radical the presence of a guttural in the root did not prevent contraction as is supposed. Roots like ^>"\y (^IJ^) can» there- fore, be explained only as a separate class distinct from the roots \'y , We cannot otherwise account for the difference in meaning between two roots, otherwise identical, like ^y , (tyy Is- 2^' 10) 'act unjustly, corruptly,' and *y)y (part. plu. fern, ft^jy) ' suckle ' — the former is tri- consonantal with ^ as middle radical, the latter biconsonantal.
1 Of. Ges.-Kautzsch81, §67a, 1 2; Konig, Lehrgeb., 1, pp. 320, 321.
2 Thus Bottcher, Lehrgebdude, § 1016, § 1030, 2; Olshausen, § 251 b, 252, 254; Konig, Lehrgeb. I, pp. 451 and 349.
Vol. xxvii.] The Pi'lel in Hebrew. 311
arose in the one class and was transferred to the other by anal- ogy. The latter view, that the Pi^lel arose in one class and was transferred to the other, is undoubtedly correct whatever explanation is otherwise adopted. It is the view followed by Ewald,1 Hartmann,2 Stade,3 and Barth,4 Ewald and Hartmann believing that the Plllel arose in the verbs ]?"]}, while Stade and Barth, although differing in other respects in their explan- ations of the form, believing that it arose in the verbs V'17-
Stade's explanation, that the Pi'lel arose from the Qal stem qdma by reduplicating the final radical in order to indicate the intensive stem, producing qdmdma, qdmlm, qomem, is unten- able especially because the Qal stem is not qdma, but qdma. The long d becoming 6 in qomem is thus unaccounted for.
Barth's explanation, which is based on the triconsonarital theory of verbs V'Jf, has been accepted by Kautzsch (Gesenius- Kautzsch, Hebrew Gram."2', § 72 m), although he follows the biconsonantal explanation of the verbs V'J? (and yy , §67). There are, however, certain difficulties in Barth's exposition, apart from the fact that it is based on the triconsouantal explan- ation, which render it impossible to accept his theory. His explanation is briefly as follows.
A weighty indication that the Pl'-lel (Po'lel) did not arise in the verbs ]}"$ is the fact that they can and do form a regular Pi1- el, e. g., ^H. etc., in Hebrew as in the other languages. In the verbs *\"y , Pi'el forms do not properly occur because of the difficulty of pronouncing an intervocalic [my italics] sharp- ened waw [as if a doubled 1 could be anything but intervo- calic !] ; only the Pi'-lel with reduplicated final consonant, as in DQlp • is found. The reduplication of this final consonant in this stem of roots V'^ is supported by a similar reduplica- tion in certain nominal forms in Arabic and Hebrew. In Arabic no verbal form with this reduplication is made in verbs \'y , — only nominal forms occur. These nouns, in which no intensive
*' '.°~ meaning is present, are the peculiar infs. like XJ..AAJ ' go away '
1 Lehrbuch*, §§ 121 a, 125a.
2 Op. cit., p. 2,3.
3 Hebrew Gram., § 155 c, d.
4 Die Polel-Conjugation und die Polal-Participien in Semitic Studies in Honor of Alexander Kohut, Berlin, 1897, p. 83-93, especially p. 84.
312 . L. B. Wolfenson, [1906.
» med. i), xJj-^y 'be' (^\J mec?. w), etc.; the two infs.
s , , ' rule ', ialo«-c. ' be pregnant ' ; and the broken plurals
s- , «.ft 'pregnant' and JJ>a* 'barren for a long time (camels),'
all from roots med. waw and med. yod. In the case of roots med. geminatae no corresponding formations occur. In Hebrew
the nouns nfTJ 'pleasure', (V fTJ)> TiT3 'spark' (Arabic ' emit fire ') from roots \'$ have this same reduplication. Only p!M ' spark ' from WJ ' sparkle ' is from a root JTJ? . This may be formed on the analogy of its synonym "111*3 . Except for this single instance, formations in Semitic corresponding to the Pi'-lel are always from roots *V'J? .
The same result is, according to Barth, arrived at from a con- sideration of the Hebrew participles D3l£^. t?t7J^. with which he says DD1"! and the uncertain ^ItJ/ are connected as regards
. T L.L. ' • T
formation. On 77*)^ he lays little stress, since its meaning, and hence its root, is obscure. These participles are not intensive in meaning, but are simply Qal. Trans, in force, although having an apparently pass, or intrans. vowel — in the second syllable, they are really qattdl forms represented in Hebrew by D3J > flJD • etc. , in strong roots ; by P"! , "|*¥ in roots med. i. Accordingly from roots med. u of which no qattdl form occurs the original form of these participles was qawwdm. A "shar- pened " 10 being avoided in Hebrew more than a "sharpened" j [?], the doubled w was given up, being replaced by the redu- plication of the following radical, so that qawwdm became qawmdm, qomdm, the change of aw to 6 being similar to that in W)D from HID •
V T
Like these participles the Pi'lel is to be explained. From Dip the qittel must originally have been qawwem with a for I in the first syllable. The intervocalic sharpened w was avoided by substituting the reduplication of the final radical so ttrat from qawwem, qawmem becoming qomem arose.
In this explanation there is little that is convincing. That
s> »0^ the nominal forms like XJ^AXJ, etc., have in Arabic a redupli-
cated final consonant like the Pi^lel proves nothing for this ver- bal stem in Hebrew since the origin of these forms is obscure
Vol. xxvii.] The PWel in Hebrew. 313
and a matter of dispute. Earth's explanation of them is no better than that of the grammarians which he rejects. He says'
S" >«., S »
that Jo *AXJ , e. g., arose from ^yU , beside which it occurs, because the phonetic sequence -uiil was unpleasant. This was obviated by inserting a consonant identical with the last one after the i so that we get bttinHn. In the first syllable of this form, $ was changed to «, and thus bdinttnat arose. The changes that Barth assumes here are all unsupported by similar phenom- ena elsewhere, and are therefore entirely gratuitous. It may
Ss )o ,,
be that the forms like xJ^-^o arose from an analogical com-
s ° - G »
bination of the two regular infs. like ^^ and ^yj?* • If this
be true there is no organic reduplication in these forms. At
sr , „ any rate there is nothing in forms like XJ..XAJ , about the origin
of which nothing is really known, that is like the Pi'lel, except the reduplicated final radical. Similarly the isolated forms
fs. ) f s > » ?f '
Jfljs«.£ , J J..AW , JJ»^»- prove nothing.
In Hebrew the nominal forms fllTJ' TITS. TI^J . are entirely too few to base any conclusions upon. Since ^1^-3 is from a root y"y and there are only two other examples of this forma- tion, it is just as possible to conclude that the formation origi- nated in roots ]?"]} and were transferred to those med. u, especially since the root of TiT3 , which occurs only in Job. 41, 11, does not occur as a verb in Hebrew.
Likewise the few forms DDl^ , ^Tl V, 001*1 and ^it^ prove
T T ^ T T A
nothing. Barth himself attaches no importance to '?'7}t^ . It is most likely derived from a root $?"%? . D01"l is usually explained as having the adverbial ending Q T,cf. Ges.-Kautzsch", § 100 g; Gesenius-Buhl14, s. v.* There is no compelling reason for regarding D011 as anything but an adverb in the three pas- sages that it occurs. In D011 |D^> Hab. 2, 19 we must connect 00*1*1 with what follows, according to the suggestion made in the latest (14th) edition of Gesenius' Dictionary. In Lam. 3' 26 it is difficult to see how not to make D011 an adverb. A. V.
1 Die Nominalbildung in den Semitischen Sprachen, Leipzig, 1889, 1891, pp. 211, 212.
2 In the 13th ed. Earth's explanation was given.
314 L. B. Wolfenson, [1906.
translates, "It is good that a man should both hope and wait quietly ( DDVl) • .etc." In Is. 47, 5, DO11 is clearly an adverb. Moreover the change of j to 1 in D011 which Barth assumes is unexplained. This leaves only the two forms DDlt^ and ^l^
upon which to base any conclusions. This would be precarious even if Barth had correctly explained them. But granting that they were originally qattdl formations as he says, there is no support for the supposition that the "intervocalic sharpened ic," which must originally have been present, e. g., qawwdm, in verbs " med. w," was any more unpleasant to the ear or dif- ficult to pronounce in Hebrew in case of forms "med. w" than in fornfs "med. „/," e. g., ""!*¥ • P"! • We find a consider- able number of forms with doubled 1 , e. g., ^1^7 < ty$* • "VU^ * etc., and in verbs v'£ the first radical 1 is regularly doubled in iheNtph. im-pf:, imv., and inf., e. g., J/1V > etc. In the case of forms like *Y)^. fVlJ7» etc., Barth tries to obviate this difficulty by the remark1 " Wurzeln mit durchweg cons, behandelten w, . . . , gehoren nicht hierher." There is, however, no reason why "die Wurzeln mit . . . cons. . . . w gehoren nicht hier- her." There can be no difference between original w in qaw- tcdm, if such there was (which the biconsonantal theory denies ; cons. 1 that appears in roots 'V'^ is secondary), and that in 'Tl^. ni^> l"Tn> etc., where 1 appears everywhere as a conso- nant, cf. Konig, Lehrgebdude I, p. 453. The case of the Nipfts. like J^"1V Barth does not consider. Moreover even though a
doubled w were objectionable in Hebrew, as the preceding shows it was not, there is no parallel for reduplicating a radical in compensation for the lack of doubling in another. The approved method of compensation for the omission of doubling is to heighten the short vowel preceding the doubled consonant, as is done in countless instances in the case of the article, the Niph. impf., imv., and inf. of verbs primae gutt. , e. g., "IDJ?' . "?DJ7n > etc. Accordingly it is impossible to assume that an original qawwdm became qawmem.
Similarly the Pi'lel stem cannot be explained as coming from an original q&wwem -(qlwwem) becoming qomem. In fact it is
1 Die Pdlel-Conjugation, p. 90, n. 3.
Vol. xxvii.] The Pi'lel in Hebrew. 315
absolutely impossible to assume such a verbal form as qawwem in roots *V'^ , as it was shown above that these roots had no middle radical. Consequently no form like qdwwem, etc., ever existed in Hebrew; the forms "T)#.D'P' etc., with doubled 1 and ' , are not Hebrew.
We must, therefore, look for the origin of the Pi^lel else- where, and it is in the verbs yy that it is found, as Ewald and Hartmann saw. It is not necessary to assume with Hartmann that the Pi'lel represents the III form of the Arabic. Ewald explained the 6 in DDlD- e- g-> as due to the obscuration of a1. This d arose from d in compensation for the difficult doubling of the second radical in D3D • To this explanation Barth objects that it presupposes an d after the first radical of the root, which does not occur in the Hebrew period, the form being always sibbeb, although he assumes d for I in his own explanation of q&wwem for qiwwem. See above, p. 312, ^[ 2.
In the imperfect, however, as well as the forms agreeing with it in structure, viz., the imv. and inf., the regular forms are D3D* > etc. Here the original d after the first radical is retained throughout. iesdbbeb accordingly would become iesdbeb, with d lengthened from d in compensation, as soon as the doubling of the second radical is given up. The d is then obscured to 6, as frequently in Hebrew, and hence the form ^DTD'- From the impf. the 6 was then transferred to the perf., e. g., D^D-2
That there is a tendency to avoid the occurrence of three identical consonants in two successive syllables as in the Pi'-el of verbs ^"Jf, not only in Hebrew but in other languages, is seen from the fact that in classical Arabic beside such forms as
c>-«3-«ift J" , (jd^aiiJ', etc., with doubled 2d radical identi-
- o *- *• *" *:'
cal with the 3d, we find oocXx , ^^OA*, ^xiai', etc., with the 3d radical replaced by the diphthong di, on account of the
1 So also Konig, Lehrgeb. I, p. 349, in the case of verbs V" V ; Bickell, § 116 ; and Land § 55 (two latter quoted by Konig).
* In this explanation I have followed the. principles established by Prof. Haupt, viz., that the impf. is older than the perf. (cf. his article in Jour. Royal Asiatic Soc., New Series X, 1878, pp. 244-252), and that the origin of verbal forms is to be sought in the impf. as the more original form.
316 Wolf enson, The. Pi'lel in Hebrew. [1906.
" heaping up " of consonants. Cf. Fleischer, Kleinere Schriften I, p. 138; Wright-deGoeje, Arabic Gram.3 I, p. 69 C. In mod-
«- * •" ^ ern Arabic even the simple Qal forms like v^i>tXx> with repeated
consonant are given up, and forms like c^otXx> only are used.1 In fact modern Arabic goes even farther in the case of such forms, using the form of verbs tertiae ^ instead of those
mediae geminatae,* e. g., oojuo for
The Pi'-lel is therefore formed on the basis of the Pi^el of verbs p''^; the doubling of the second radical is given up on account of the tendency to avoid a succession of three identical consonants in two successive syllables, and the preceding short a is lengthened in compensation to «, and this is further obscured to 6. The corresponding passive form, the Pi'ldl, has a in the second syllable, e. g., 331D*> 331D- The indication of the dis-
tinction between act. and pass, by i (em Hebrew) and a, respectively, is regular in Arabic in the impf., not only of the intensive stems II, III, but also of the IV, VII, VIII, and X
forms, e. g., II form *&b act., JJAJpass., etc.
From the verbs the Pillel was transferred to the verbs
1 Cf. Spitta, Gram, des arab. Vulgardialectes von Aegypten, Leipzig, 1880, p. 216.
Contributions to Comparative Philippine Grammar* — By FRANK R. BLAKE, Ph.D., Johns Hopkins University, Baltimore, Md.
INTRODUCTION.
The languages of the Philippine Islands so far as they are known2 form a closely related group of tongues belonging to the great Malayo-Polynesian family, which embraces the lan- guages of practically all the islands between the east coast of Asia and the west coast of America south of 30° north latitude, with the exception of Papua and Australia, and also includes the languages spoken on the Malay peninsula at the south-east- ern extremity of the continent of Asia, and on the island of Madagascar off the coast of Africa.
1 In the spelling of Philippine words in this paper, k is used instead of the older c and qu ; g instead of gu before i, e; w instead of conso- nantal u before a vowel ; i for initial y before a consonant ; but with these exceptions it has seemed best to retain the traditional orthography. As in most of the languages the accent of words is not given, the accent marks have been omitted throughout, except where they indicate a dif- ference in meaning, and in the case of ^ and x in Tagalog, which indi- cate a final glottal catch (cf. below, p. 335). For the reformed spelling in Tagalog, cf . the foot-notes to my paper, The Expression of Case by the Verb in Tagalog, in this volume of the Journal.
2 The languages of the Negritos, the diminutive black people who live in scattered tribes in the interior mountain ranges of the larger islands, and who are probably the remnant of the aborigines of the Archipelago, are said by certain Spanish authorities (cf . El Archipielago Filipino, Washington, 1900, vol, 1, p. 229; Lacalle y Sanchez, Tierras y razas del archipielago filipino, Manila, 1886, p. 246) to be entirely dif- ferent from those of the other inhabitants of the islands. These author- ities state furthermore that the idioms of all the Negritos practically constitute one language, and that this language is of monsyllabic struc- ture as opposed to the dissyllabic structure of the Malay tongues. How- ever true this may have been originally, at the present day it is certain that those Negrito dialects about which anything is known are very similar in vocabulary and grammatical structure to the other Philip- pine languages. It is probable, however, that the Negritos have in such cases more or less completely adopted the languages of the neighboring Malay tribes (cf. A. B. Meyer, Die Philippinen, II. Negritos, Dresden, 1893 (Konigl. ethnogr. Museum zu Dresden, ix), p. 36 ff .
318 F. R. Blake, [1906.
It is perhaps useless to hazard any conjectures as to the prim- itive seat of the Malayo-Polynesians, whose ancient history is practically a sealed book, but it seems most likely that the cradle of the race was on some of the numerous islands which it now inhabits, possibly some of the large islands in the vicin- ity of the Malay peninsula.
From this birthplace the ancient Malayo-Polynesians, forced doubtless by the increase in population, must have spread out in a series of waves or swarms, just as in the case of the primitive Indo-Europeans and Semites. Crossing at first by means of their canoes over the comparatively short stretches of sea between their home and the neighboring islands, they gradually pushed further and further out into the unknown, passing from island to island until they had occupied almost all the available land space of the Pacific. Some of the islands they probably found unoccupied, in others they must have come in contact with an inferior black race similar to that inhabiting Papua and Australia, as is shown by the remnants of this race which are found pushed back into the interior mountain ranges of some of the larger islands, notably the Philippines.
The peopling of the Malayo-Polynesian territory probably took place in three great waves or series of waves, to which correspond the three grand divisions of tha Malayo-Polynesian languages, viz., the Polynesian, the Melanesian, and the Malay. The 180th meridian forms approximately the boundary between the Polynesian and Melanesian divisions from the north as far south as the latitude of the Fiji islands, practically all the lan- guages spoken east of this line being Polynesian. Further south the line bends to the west, the native language of New Zealand belonging to the Polynesian division. West of the dividing line the Melanesian division extends in a north-westerly direc- tion from the Fiji islands on the south, including the languages of the principal islands of Melanesia and Micronesia. The Malay embraces the languages of the Malay peninsula, the East India islands, the Philippines, and Madagascar.
The Philippine languages, then, may be more accurately defined as a subdivision of the Malay branch of the Malayo- Polynesian family of speech.
The estimated number of Philippine languages varies accord- ing to the different authorities. The well known Spanish Fili-
Vol. xxvii.] Contributions to Philippine Grammar. 319
pinologist W. E. Retana, in his latest bibliographical work on the Philippines,1 enumerates twenty-five different idioms; the great Philippine specialist, Professor Ferdinand Blumentritt, of Leitmeritz in Bohemia, in his brief survey of Philippine races and languages,2 mentions at least thirty; while in an encyclo- pediac work on the Philippines prepared by the Jesuits, 'El Archipielago Filipino,'3 the number given exceeds fifty.
Of many of the languages enumerated in the larger estimates, practically nothing is known but the name, and it is quite pos- sible that many of these names are simply alternate designations of the better known languages, or, at most, designations of some slightly variant dialect. Beginning at the extreme north of the Archipelago, the languages about which anything definite is known are as follows.
Batan is the language of the Batan and Babuyan islands to the north of Luzon.
On the island of Luzon, Tagalog, the most important and best known of the Philippine languages, is spoken from coast to coast, in the middle region of. the island, in the latitude of Manila Bay. On the west coast its territory does not extend north of the Bay, but on the east it reaches as far north as the province of Isabela, the most northerly but one of the provinces on the east coast, in which is situated the town of Palanan, where Aguinaldo was captured by General Funston. On the south and south-east it extends some distance down into what might be called the tail of Luzon, trenching on the domain of Bikol, which occupies the remainder of the southern part of the island. In the region north and west of the Tagalog district are spoken a number of languages. Ibanag prevails in the north- east, in the valley of the Cagayan river, the greatest tobacco- raising district in the island; Ilokan occupies the north and west coasts, extending as far south as the gulf of Lingayen, between which and the Bay of Manila are found Pangasinan, Tino or Zambal, and Pampangan. In the mountainous district of the interior are spoken the various Igorot dialects, among which
1 Catdlago abreviado de la biblioteca filipina, Madrid, 1898.
2 Cf. List of Native Tribes of the Philippines and of the languages spoken by them, trans, by O. T. Mason in Report of Smithsonian Inst. for the year ending June, 1899; Washington, 1901, pp. 527-547.
3 Washington, 1900 ; cf. vol. 1, pp. 1-148 passim.
320 F. R. Blake, [1906.
it is probable that Gaddan, Ginaan, Ilongot, and Isinay are to be classed.1
On the Bisayan islands, which lie between Luzon and Min- danao, and on the north and east coasts of the latter island, Bisayan is spoken in a number of different dialects.2
Sulu is used by the Moros of the Sulu subarchipelago, which extends from the western exti'emity of Mindanao towards Borneo. The Moro tribes of Mindanao, which occupy parts of the west and southwest of that island, speak two almost identi- cal dialects, Magindanao and Malanao. Of the numerous other idioms reported as spoken on Mindanao, we know practically nothing about any except Bagobo, which is found near the great volcano Apo in the south-eastern part of the island, and Tiruray, which occupies a district near the Moro territory in the south-west.
The island of Mindoro, which lies to the south of Luzon and west of the Bisayas, forms the domain of Mangyan, about which, so far as I know, nothing has yet been published.1 The principal language of the Calamianes and the long narrow island of Palawan, which form a chain stretching from Mindoro to the south-west towards Borneo, is Tagbanwa, of which the idioms of Agutaya and Cuyo, two small islands between Palawan and the Bisayas, are perhaps simply dialects,2 though they are usually given as distinct languages.
The tribes that speak these languages fall into three general groups according to their religion. Those that speak Batan, Ibanag, Ilokan, Pangasinan, Zambal, Pampangan, Tagalog, Bikol, Bisayan, Agutayan,2 and Koyuvan3 are Christians; the Sulus, Magindanaos, and Malanaos are Mohammedans; while the remaining tribes mentioned are still pagans.
Three different alphabets are in use in the Archipelago, viz. 1) that of the pagan Tagbanwas and Mangyans;4 2) that of the
1 Cf . Report of the Philippine Commission, 1903, Part 2, p. 780.
* Cf. ray paper The Bisayan Dialects, JAOS. xxvi, 1905, pp. 120-136.
3 Cf. Blumentritt, The Philippines, trans, by D. J. Doherty, Chicago, 1900, p. 24.
4 The Mangyan alphabet, however, is treated in the following, viz., Blumentritt, Die Mangianenschrift von Mindoro, Braunschweig, 1896; A. B. Meyer, Schadenberg and Foy, Die Mangianenschrift von Mindoro, Berlin, 1895=^l&7iancK. u. Berichte d. Konigl. zoolog. u. anthropol.- ethnogr, Museums zu Dresden, No. 15.
Vol. xxvii.] Contributions to Philippine Grammar. 321
Mohammedan tribes, the Arabic alphabet with some additional signs to denote some peculiar native sounds;1 3) the Roman alphabet introduced by the Spaniards, in which all the languages of the Christian tribes, and all those of pagan tribes which have been reduced to writing by Spanish missionaries, are written.
At the time of the Spanish conquest, the principal of the now Christian tribes possessed alphabets that are practically identi- cal with those of the Tagbanwas and Mangyans," and it is probable that the Mohammedan tribes originally had similar alphabets. These ancient alphabets have in both cases been super- seded by that of the race whose religion has been adopted. In the Mohammedan tribes no trace of them has been preserved, and their use in the Christian tribes seems to have died out about the middle of the eighteenth century.3
The archetype of these natives alphabets seems to have been of Indian origin. As in the Indian alphabets, every consonan- tal character without addition represents the consonant fol- lowed by the vowel «, the other vowels being indicated by secondary marks. There was no way of expressing a consonant without a following vowel, hence such a consonant was omitted in writing.4
1 Similarly there are some additional characters in the Arabic alpha- bet adapted to Malay, Persian, Turkish, and Hindustani, cf. Marsden, A Gram, of the Malayan Language, London, 1812, p. 1 f. ; Salemannund Shukovski, Persische Gram. Berlin, 1889, § 1 ; A. Miiller, Turkische Gram. Berlin, 1889, § 5; Vinson, Manuel de la langue hindoustani, Paris 1899, p. 5. In like manner the Amharic alphabet is the Ethiopic with some additional characters to denote some peculiar Amharic sounds, while Coptic is written in the Greek uncial alphabet with seven addi- tional characters borrowed from Demotic: cf. Praetorius, Die Amharische Sprache, Halle, 1879, p. 17, § 1 a ; Steindorff , Koptische Grammatik, 2te ed., Berlin, 1904, p. 5.
2 Cf. Marcillo y Martin, Estudio de los antiguos alfabetos filipinos, Malabon, 1895.
3 Totanes in his Arte de la lengua tagala, Sampaloc, 1745, states that at his time very few natives could read this alphabet, and that hardly any could write it : cf. the later edition, Binondo, 1865, p. 1.
4 This defect was remedied by the Austin friar Francisco Lopez, who in his Ilokan catechism (1631) written in Tagalog characters made use of a diacritical mark, similar in its nature to the Sanskrit virama or Arabic sukun, to indicate a consonant standing alone; cf. El Archipielago Filipino, vol. 1, p. 227.
VOL. xxvii. 22
322 F. ft. Blake, [1906.
The Roman alphabet, which is used in writing the native lan- guages, was formerly conformed to the peculiarities of Spanish orthography, but lately a number of improvements in spelling have been introduced, the most important being the use of k for c and qu, and w for consonantal y»
The Philippine languages have been influenced to some extent, principally in their vocabulary, by the languages with which they have come in contact. The vocabularies of some of them, notably Tagalog and Bisayan, contain, in common with the other Malayan languages, a number of Sanskrit words, e. g., Tagalog and Bisayan basa 'read' (San. bhasa 'languages'), halaga 'price' (San. argha).1
The languages spoken by the Mohammedan tribes, the most important of which are Magindanao and Sulu, contain a number of Arabic words, e. g., Magindanao and Sulu dunia 'world' (Arabic L*J4> dunid], Mag. alatala, alahutaala, Sulu allah-
taala ' God ' (Arabic JLxi* &1J! allahu ta'-dld ' God, may he be
(5 exalted').
The Christian tribes have adopted a considerable body of Spanish terms, e. g., Dios ' God,' pade, pare ' priest.'
A few Chinese words are found in Tagalog as designations of things specifically Chinese, e. g., cha or sa 'tea' (Chin. tcha), miki 'a kind of vermicelli' (Chin, mi-ki}.
At present the various languages are being subjected to the influence of English, and English words will probably be more or less extensively borrowed. Already in the northern part of Luzon the English phrase ' no got ' is in common use.4
Spanish, besides influencing to some degree the native vocab- ularies, has also left its mark in a few cases on the grammatical construction. In Tagalog, for example, the cumbersome native method of coordinating pronouns and numerals, as in kami niya 'he and I' literally 'his we,' has been more or less completely
1 Cf. H. Kern, Sanskritische woorden in het Tagala, Bijdragen tot de Taal-, Land- en Volkenkunde van Nederlandsch Indie, 4de Volg., D. 4, 1880, pp. 535-564; Sanskritische woorden in het Bisaya, ibid., 4de Volg., D. 5, pp. 128-135; T. H. Pardo de Tavera, El Sanscrito en la lengua agala, Paris, 1887: cf. also my paper, Sanskrit Loan-words in Tagalog, JHU. Circs., No. 163, pp. 63-65.
s Cf. A. E. Jenks, The Bontoc Igorot, Manila, 1905 (=Ethnological Survey Publications, vol. 1). p. 158.
Vol. xxvii.] Contributions to Philippine Grammar. 323
driven from the field by the simpler Spanish construction with copulative conjunction.1
The materials for the study of the Philippine languages con- sist of texts, collections of conversational phrases, grammars, dictionaries, and vocabularies. Grammars and dictionaries of some sort exist of most of the languages mentioned; the others must be studied without these helps. The languages that are included in the following comparative studies are, viz., Tagalog, Bisayan (Cebuan, Hiliguayna, Samaro-Leytean, Harayan), Bikol, Pampangan, Pangasinan, Ilokan, Igorot (Nabaloi, Bontok), Ibanag, Batan, Magindanao, Sulu, and Bagobo.2
GENERAL FEATURES.
The most important characteristics which the Philippine lan- guages possess in common are the following.
Words are made up of roots and particles. Roots are mainly dissyllabic and indicate nominal or verbal ideas; practically all
1 Cf. W. G. Seiple, The Tagalog Numerals, JHU. Circs., No. 168, pp. 79-81.
s The principal grammars and dictionaries employed are, viz. : Totanes, Arte de la lengua tagala, reimpr., Binondo, 1865; Campomanes, Lec- ciones de gramdtica hispano-tagala, Manila, 1872 ; Minguella, Ensayo de gramatica hispano-tagala, Manila, 1878 ; Noceda, Vocabulario de la lengua tagala, 3aed., Manila, 1860; Zueco, Metodo del Dr. Ollendorff .... adaptado al bisaya, Manila, 1871 : Bermejo, Arte conpendiado de la lengua cebuana, 2a ed., Tauibobong, 1894 ; Mentrida and Aparicio, Arte de la lengua bisaya-hiligayna, Tambobong, 1894 ; Lozano, Cursos de lengua panayana, Manila, 1876 ; Figueroa, Arte del idioma visaya de Samar y Leyte, 2aed., Binondo, 1872; Encarnacion, Diccionario bisaya-espanol, 3a ed. , Manila, 1885 ; San Augustin and Crespo, Arte de la lengua bicol, Manila, 1879 ; Bergano, Arte de la lengua pampanga, 2aed. (?), Sampaloc, 1736; Pellicer, Arte de la lengua pangasinana, reimpr., Manila. 1862; Cosgaya, Diccionario pangasinan-espanol, Ma- nila, 1865 ; Naves, Gramdtica hispano-ilocana, 2a ed., Tambobong, 1892; Carro, Vocabulario iloco-espanol. 2aed., Manila, 1888; Sheerer, The Nabaloi dialect, Ethnological Survey Publications, vol. II, Part II, pp. 95-171, Manila, 1905 : Jenks, The Bontoc Igorot, vol. 1 of series cited, Manila, 1905, pp, 227-248 ; De Cuevas, Arte nuevo de la lengua ybandg, 2aed., Manila, 1854; (Batan grammar) cf. Retana, Archivo del bibliofilo iilipina, vol. II, Madrid, 1896, pp. xxxviii-xl ; Juanmarti, Gramdtica de la lengua de Magindanao, Manila, 1892 ; Cowie, English-Sulu-Malay Vocabulary, London, 1893 ; Gisbert, Diccionario bagobo-espanol and espanol-bagobo, Manila, 1892.
324 F. R. Blake, [1906.
may be used unchanged as significant words; e. g., Tagalog tawo 'man,' ibig 'wish, want.' Particles are mainly monosyl- labic, some being independent words indicating pronominal and adverbial ideas, others being used only in combination with roots to form derivative nouns and verbs, e. g., Tagalog ka 4 thou,' net 'now, already,' mag, a prefix used to form active verbs, e. g., mag-laro 'play, sport' from lard. From these ultimate components of the language other words are formed :
a) by reduplication of the root, e. g., Tagalog susulat 'will
write ' from sulat ' write ;'
b) by the combination of two or more particles, e. g., Tagalog
na-man ' also,' from na ' now ' and man ' even;'
c) by the combination of the root with one or more derivative
particles, e. g., Tagalog s-um-ulat 'write (imper. and inf.), s-in-ulat-an 'was written on,' from sulat.
These languages are practically non-inflectional, there being no inflection except in some few instances in the pronoun and the verb, the variation being regularly at the beginning of the word. Pronouns are varied to express case, as a general thing three cases being distinguished, a nominative, a so-called geni- tive that is also the case of the agent and instrument, a so-called oblique that is used to represent all locative relations, place where, place whither, and place whence, including the dative and ablative of persons; e. g., Tagalog ito 'this,' nito 'of this,' dito ' in or to this.' In the verb differences in voice, mode and tense may be indicated by change of the initial sound of a form, e. g., Tagalog mag-laro 'to play,' naglaro 'played,' paglaro, passive stem of same verb, where m indicates the infini- tive, n the preterit, andjo the passive.
There is no formal distinction of gender even in the case of the pronouns of the third person. Whenever it is necessary to indicate the gender expressly, words meaning 'male' and 'female' must be used in connection with the epicene noun or pronoun, e. g., from Tagalog kabayo ' horse,' kabayo-ng lalaki 'stallion,' and kabayo-ng babayi ' mare ;' except in the case of certain nouns of relationship, where different words are used to express difference in gender, e. g., Tagalog ama 'father,' ina 'mother.' Even with these nouns the same word often denotes a relative of either sex, and the words for ' male ' and ' female ' must be
Vol. xxvii.] Contributions to Philippine Grammar. 325
used when it is necessary to avoid ambiguity, e. g., Tagalog anak 'son or daughter,' anak na lalaki 'son,' anak na babayi ' daughter.'1
These languages possess what might be called personal articles, i. e., words of a particular nature which are placed before names of persons to denote case, e. g., Tagalog si Pedro 'Pedro,' ni Pedro 'of Pedro.'2 Many of them also have an article, the so- called inclusive article, which is placed before the name of a person to denote that with him are included those who are asso- ciated with him in any way, as his companions, friends, family, etc., e. g., Tagalog sina Pedro 'Pedro and his associates.'
The pronoun of the first person plural has regularly two forms, one of which includes, while the other excludes, the person addressed; for example, a Tagalog might say to a Spainard tayo-ng kristiano ' we Christians,' using the inclusive ' we ' tayo, but kami-ng Tagalog ' we Tagalogs,' using the exclusive ' we ' kami. 3
An extensive use is made of certain particles called ligatures to connect words, phrases, and sentences which stand to one another in the relation of modifier and modified.4 They stand for example between adjective and noun; verb and adverb; noun or verb ajid dependent clause, in this case playing the part
1 These remarks apply also to the expression of gender in Malay, (cf . Marsden, op. cit. p. 29 ; Crawfurd, A Gram, and Diet, of the Malay Lang., London, 1852, vol. i, p. 10 ; Seidel, Praktische Gram, der Malay ischen Sprache, Hartleben's Verlag [Wien, Pest, Leipzig], p. 18); and in Javanese (cf . Bohatta, Praktische Gram, der Javanischen Sprache, Hart- leben's Verl.), p. 31.
2Personal articles are found also in Malay and Madagascan ; in Malay it is si, cf. Favre, Grammaire de la langue malaise, Vienne, 1876, pp. 59, 92. The principal ones in Madagascan are i and ra, cf. Brandstet- ter, Tagalen und Madagassen, Luzern, 1902, p. 79 f.; Parker, A concise Gram, of the Malagasy Language, London, 1883, p. 47.
3 The same distinction is made also in Malay between kita (inc.) and kami (exc.), and in Madagascan between isika (inc.) and izahay (exc.); cf. Marsden, op. cit., p. 45 ; Parker, op. cit., p. 39. • 4 Traces of similar particles are found in Madagascan and some other Malayan languages, cf. Brandstetter, Tag. u. Mad., pp. 76, 83. In lan- guages of other families, similar particles are the connective i in mod- ern Persian (cf. Satemann and Shukovski, op. cit., p. 30, § 16), and the genitive sign n in Egyptian and Coptic (cf. Ermann, Agyptische Gram. 2te Aufl., Berlin, 1902, p. 64; Steindorff, op. cit., pp. 79 f., 83).
326 F. R. Blake, [1906.
of relative pronouns and subordinate conjunctions; e. g. , in Tagalog tawo-ng mabuti 'good man,' mabuti-ng ginaicd 'well done,' tawo-ng minamahal nang lahat ' a man who is esteemed by all,' the modifier and modified are connected by the liga- ture -ng.
The ideas of ' to be in a place ' and ' to have ' are not expressed by verbs, but by particles which may be called quasi-verbs, in Tagalog na, may, e. g., ang library na sa lamesa 'the book is on the table;' ito-ng tawa'y may asawa 'this man has a wife.'
Verbs are generally made by combining derivative particles with the root. These particles are very numerous and their uses very various. By means of them voice, mode, and tense are distinguished, and also a variety of other modifiations of the verbal meaning, such as the causative, emphatic, etc. ; for exam- ple from a root aral in Tagalog are formed,
um-aral ' teach.' magsi-aral 'teach (of many).'
mag-aral ' study, learn.' magpaka-aral 'teach earnestly.'
mang-aral 'preach.' ungm-aral 'taught.'
maka-aral ' be able to teach.' nag-aral ' learned.' magpa-arul 'order, command aralin 'be taught.'
to teach.' inaral ' was taught.'
maki-aral 'join with someone pag-aral-in 'be studied.' in teaching.' pinag-aral 'was studied.'
pa-aral 'ask for instruction.' etc., etc.
Perhaps the most salient feature of these languages is the pre- vailing use of the passive construction, active verbs not being used except when the agent is the most emphatic element of the sentence; for example in Tagalog in the sentence 'he is reading a book,' 'he' is more emphatic than the indefinite ' book,' hence the active is used, viz., siya'y bungmabasa nang libra, while in the sentence ' he is reading this book ' the definite object is ordinarily more emphatic than the agent, hence the passive is employed, e. g., ito-ng libra' y binabasa niya.*
In the present imperfect state of our knowledge of the Philip- pine languages any complete classification and subdivision is of course impracticable, but it is possible nevertheless to distinguish certain general groups.
1 Of. my paper, The Expression of Case by the Verb in Tagalog, in this volume of the Journal, pp. 18&-189.
Vol. xxvii.] Contributions to Philippine Grammar. 327
The most important of these is a Northern Group, including the principal languages of North Luzon and the islands to the north, viz., Batan, Ibanag, Ilokan, Pangasinan, and the Igorot dialects as far as they are known; and a Central Group, includ- ing Tagalog, Bikol, and Bisayan. Between these two groups lies Pampangan, which partakes in a measure of the peculiarities of both. In the south the dialects of the Magindanao and Malanao Moros belong together, while Bagobo and Sulu occupy isolated positions, Sulu being more like Malay than any of the other Philippine languages. The principal phonetic difference between the languages of the Northern and Central Groups is that the former have no h sound (cf. below, p. 335).
The principal differences in grammatical structure between these two groups are the following.
In general the languages of the Northern Group form their plural by reduplication of the singular, e. g., Ilok. balay ' house,' balbalay ' houses.' The languages of the Central Group employ a special prepositive particle manga for this purpose, e. g., Tag. bahay 'house,' manga bahay 'houses.'
The Northern Group possesses the ligature a which is not found as such in the Central Group, e. g., Ilok. naimbag a tao ' good man.'
In the Northern Group the personal pronouns have in general two forms of the nominative, an emphatic and a non-emphatic form ; for example, ' I ' in Ilokan is repi'esented by siak when emphatic, by ak when not emphatic. In the Central Group as a regular thing only one form of the nominative is employed, e. g., Tag. ako 'I.' On the other hand, in the Central Group these pronouns have both a prepositive and a postpositive form of the genitive, e. g., Tag. aking ulo and ido ko 'my head;' while in the Northern Group only postpositive forms are found, e. g., Ilok. balay ko 'my house,' aso-k 'my dog.'
As a general thing the languages of the Northern Group dis- tinguish only two tense forms of the verb, viz., a preterit and a form to represent all the other tenses, e. g., Ilok., mangara- mid, pret. nangaramid 'do, make.' In the Central Group as many as four tense and mode forms are distinguished, viz., a modal, used for infinitive, imperative, and subjunctive; a future; a preterit; and a present: e. g., Tag., ' maglaro ' to play.' naglaro ' did play.'
maglalaro ' will play.' naglalaro ' is playing.'
328 F. R. Blake, [1906.
The languages of the Central Group possess three passive forms, by means of which not only the direct object of the verbal action may be made subject, but also words standing in other case relations of the verb, such as dative, instrumental, ablative, etc.1
In the Northern Group this function of the verb has been still further developed, the languages of this group possessing not only three passives, but also a number of other passive verbal forms called verbals, made on the basis of the verbal noun of action with prefixed pag, pan, etc. These take the place to some extent of the i and an passives of the Central Group. Examples of these forms in Ilokan are, daytoy ti pagpunas-mo kadagiti pinggan ' wash the plates with
this (this the washing-instrument thine to the plates).' ania nga oras ti panagmisa ti pare ' at what hour does the priest celebrate mass (what hour the mass-celebrating-time of the priest)?'
asin ti pagsurataiyo (<*£m-yo)* 'to whom are you writing (who the writing-aim yours)?'
Pampangan, which, as was stated above, partakes in a meas- ure of the peculiarities of both the Northern and Central Groups, agrees with the Northern Group in not having the consonant h, and in possessing the ligature a, both emphatic and non- emphatic forms of the nominative, and exclusively postpositive genitive forms of the personal pronouns ; but with the Central in possessing more than two tense and mode forms of the verb, viz., future, present, and preterit, and in the absence of the verbals which are so characteristic of the languages of the Northern Group. The plural of the noun is indicated by a special form of the article as often in Ilokan, e. g., ing tawo ' the man,' ding tawo ' the men,' except in the vocative, where it is denoted by prepositive manga, e. g. , manga tawo, as in the Central Group. A special characteristic of Pampangan is the large number of forms which the personal pronouns have in the genitive, e. g. , under various conditions 'mine' is ko, koo, ke, kee, or da; 'his,' no, noo, ne, nee, or na.
1 Cf. my paper The Express, of Case by the Verb, cited above.
2 In Ilokan the passive endings en and an + the genitive yo ' you (pi.)' give eiyo, aiyo. The phonetics of the process are not entirely clear. The spelling may represent an assimilation of n to y, or perhaps a nasal- ization of the vowels e and a.
Vol. xxvii.] Contributions to Philippine Grammar.
329
Magindanao seems to be more closely related to the Central Group than to the Northern, forming the plural of its nouns with manga, arid making three tense and mode forms, viz., present, preterite, and imperative, e. g. , sumulat 'writes,' sinumulat 'wrote,' sulat or panulat 'write (imperative).' It is, however, apparently without A, and possesses the ligature a like the languages of the Northern Group. The most charac- teristic peculiarity of this language are the forms of the per- sonal pronouns with prefixed or infixed I element (cf. below, p. 372), e. g., laki, salaki 'my,' salkitanu, lekitanu 'we.'
Sulu, like Malay, possesses in the declension of its noun no special plural form or plural particle, and forms its tense by means of auxiliaries, e. g. , tog na aku 'I sleep,' bakas aku matog ' I have slept.' The ligature, which is so characteristic of all the other Philippine languages, is here comparatively lit- tle used.
NOTES ON PHONOLOGY.1 Original Philippine Sounds.
From a comparison of representative words in the various
languages it is evident that the primitive Philippine language
possessed the following sounds, viz.,
vowels a, i, u or o Palatals \
Labials p, b, m, w and >- &, g, y
Dentals £, d, n, I, s Gutturals ) ng*
Cf. the following comparative list of words in the principal
Philippine languages.
|
' road ' |
' moon ' |
' drink ' |
' cook ' |
'five' |
' eight ' |
|
|
Tag. Bis. |
daan dalan |
buwan bulan |
inum inum |
luto luto |
lima lima |
walo walo |
|
Bik. |
dalan |
bulan |
inum |
luto |
lima |
walo |
|
Pamp. Pang. Ilok. |
dalan dalan dalan |
|