CHAPTER X. SLAVERY.

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A slave, among Muslims, is either a person taken captive in war, or carried off by force, and being at the time of capture an infidel; or the offspring of a female slave by another slave or by any man who is not her owner, or by her owner if he does not acknowledge himself to be the father: but the offspring of a male slave by a free woman is free. A person who embraces the Mohammadan faith after having been made a slave does not by this act become free, unless he flies from a foreign infidel master to a Muslim country and there becomes a Mohammadan. A person cannot have as a slave one whom he acknowledges to be within the prohibited degrees of marriage. The slaves of the Arabs are mostly from Abyssinia and the Negro countries: a few, in the houses of very wealthy individuals, are from Georgia and Circassia.

Slaves have no civil liberty, but are entirely under the authority of their owners, whatever may be the religion, sex, or age, of the latter; and can possess no property, unless by the owner's permission. The owner is entire master, while he pleases, of the person and goods of his slave, and of the offspring of his female slave, which, if his, or presumed to be his, he may recognize as his own legitimate child, or not: the child, if recognized by him, enjoys the same privileges as the offspring of a free wife; and if not recognized by him, is his slave. The master may even kill his own slave with impunity for any offence; and he incurs but a slight punishment (as imprisonment for a period at the discretion of the judge) if he kills him wantonly. He may give away or sell his slaves, excepting in some cases which will be mentioned; and may marry them to whom he will, but not separate them when married. A slave, however, according to most of the doctors, cannot have more than two wives at the same time.

Unemancipated slaves, at the death of their master, become the property of his heirs; and when an emancipated slave dies, leaving no male descendants or collateral relations, the master is the heir; or, if the master be dead, his heirs inherit the slave's property. As a slave enjoys less advantages than a free person, the law in some cases ordains that his punishment for an offence shall be half of that to which the free is liable for the same offence, or even less than half: if it be a fine or pecuniary compensation, it must be paid by the owner to the amount, if necessary, of the value of the slave, or the slave must be given in compensation.

When a man, from being the husband, becomes the master, of a slave, the marriage is dissolved, and he cannot continue to live with her but as her master, enjoying, however, all a master's privileges, unless he emancipates her, in which case he may again take her as his wife with her consent. In like manner, when a woman, from being the wife, becomes the possessor, of a slave, the marriage is dissolved, and cannot be renewed unless she emancipates him, and he consents to the re-union.

Complete and immediate emancipation is sometimes granted to a slave gratuitously, or for a future pecuniary compensation. It is conferred by means of a written document, or by a verbal declaration (expressed in the words, "Thou art free," or some similar phrase) in the presence of two witnesses, or by returning the certificate of sale obtained from the former owner. Future emancipation is sometimes covenanted to be granted on the fulfilment of certain conditions, and more frequently to be conferred on the occasion of the owner's death. In the latter case the owner cannot sell the slave to whom he has made this promise: and, as he cannot alienate by will more than one-third of the whole property that he leaves, the law ordains that if the value of the said slave exceeds that portion, the slave must obtain and pay the additional sum. When a female slave has borne a child to her master, and he acknowledges the child to be his own, he cannot sell this slave, and she becomes free on his death.

Abyssinian and white female slaves are kept by many men of the middle and higher classes, and often instead of wives, as requiring less expense and being more subservient; but they are generally indulged with the same luxuries as free ladies, their vanity is gratified by costly dresses and ornaments, and they rank high above free servants; as do also the male slaves. Those called Abyssinians appear to be a mixed race between negroes and whites, and are from the territories of the Gallas. They are mostly kidnapped and sold by their own countrymen. The negro female slaves, as few of them have considerable personal attractions (which is not the case with the Abyssinians, many of whom are very beautiful), are usually employed only in cooking and other menial offices. The female slaves of the higher classes are often instructed in plain needlework and embroidery, and sometimes in music and dancing. Formerly many of them possessed sufficient literary accomplishments to quote largely from esteemed poems, or even to compose extemporary verses, which they would often accompany with the lute.

Slaves of either sex are generally treated with kindness; but at first they are usually importuned, and not unfrequently used with much harshness, to induce them to embrace the Mohammadan faith; which almost all of them do. Their services are commonly light: the usual office of the male white slave, who is called "memlook," is that of a page or a military guard. Eunuchs are employed as guardians of the women, but only in the houses of men of high rank or great wealth. On account of the important and confidential office which they fill, they are generally treated in public with especial consideration. I used to remark, in Cairo, that few persons saluted me with a more dignified and consequential air than these pitiable but self-conceited beings. Most of them are Abyssinians or Negroes. Indeed, the slaves in general take too much advantage of the countenance of their masters, especially when they belong to men in power. The master is bound to afford his slaves proper food and clothing, or to let them work for their own support, or to sell, give away, or liberate them. It is, however, considered disgraceful for him to sell a slave who has been long in his possession; and it seldom happens that a master emancipates a female slave without marrying her to some man able to support her, or otherwise providing for her.

The Prophet strongly enjoined the duty of kindness to slaves. "Feed your memlooks," said he, "with food of that which ye eat, and clothe them with such clothing as ye wear; and command them not to do that for which they are unable."[284] These precepts are generally attended to, either entirely or in a great degree. Some other sayings of the Prophet on this subject well deserve to be mentioned—as the following:—"He who beats his slave without fault, or slaps him on the face, his atonement for this is freeing him."—"A man who behaves ill to his slave will not enter into Paradise."—"Whoever is the cause of separation between mother and child, by selling or giving, God will separate him from his friends on the day of resurrection."—"When a slave wishes well to his master, and worships God well, for him are double rewards."[285]

It is related of ´OthmÁn, "that he twisted the ear of a memlook belonging to him, on account of disobedience, and afterwards, repenting of it, ordered him to twist his ear in like manner: but he would not. ´OthmÁn urged him, and the memlook advanced, and began to wring it by little and little. He said to him, 'Wring it hard; for I cannot endure the punishment of the day of judgment [on account of this act].' The memlook answered, 'O my master, the day that thou fearest, I also fear.'"—"It is related also of Zeyn el-´Ábideen, that he had a memlook who seized a sheep, and broke its leg; and he said to him, 'Why didst thou this?' He answered, 'To provoke thee to anger.' 'And I,' said he, 'will provoke to anger him who taught thee; and he is Iblees: go, and be free, for the sake of God.'"[286]—Many similar anecdotes might be added; but the general assertions of travellers in the East are more satisfactory evidence in favour of the humane conduct of most Muslims to their slaves.

It sometimes happens, though rarely, that free girls are sold as slaves.[287] A remarkable instance is related in the Mir-Át ez-ZemÁn.[288]—FÁtimeh, surnamed Ghareeb, a slave of the Khaleefeh El-Moa?tas?im, the son of HÁroon, was a poetess, accomplished in singing and calligraphy, and extremely beautiful. Her mother was an orphan; and Jaa?far, the famous Wezeer of HÁroon Er-Rasheed, took her as his wife; but his father, Yah?yÀ, reproached him for marrying a woman whose father and mother were unknown, and he therefore removed her from his own residence to a neighbouring house, where he frequently visited her; and she bore him a daughter, the above-mentioned Ghareeb, and died. Jaa?far committed her infant to the care of a Christian woman to nurse; and, on the overthrow of his family, this woman sold her young charge as a slave. El-Emeen, the successor of Er-Rasheed, bought her of a man named Sumbul, but never paid her price; and when he was killed, she returned to her former master; but on the arrival of El-Ma-moon at BaghdÁd, she was described to him, and he compelled Sumbul to sell her to him. This Sumbul loved her so passionately that he died of grief at her loss. On the death of El-Ma-moon, his successor, El-Moa?tas?im, bought her for a hundred thousand dirhems, and emancipated her. The historian adds that she composed several well-known airs and verses.

FOOTNOTES:

[284] Nuzhet el-MutaÄmmil, section 9.

[285] MishkÁt el-Mas?Ábeeh?, ii. 140, 141

[286] Nuzhet el-MutaÄmmil, 1.1.

[287] See Modern Egyptians, ch. vi.

[288] Events of the year 227.


                                                                                                                                                                                                                                                                                                           

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