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The rules of Barat. Tribal documents from Yemen

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Paul Dresch

Part 3. Texts and translations

Market Guaranty for Sūq al-‘Inān (Text 1)

قاعدة الحرم: ضمان السوق في العنان

Texte intégral

Guaranty of the market, photocopy

Guaranty of the market, photocopy

Text 1 (original undated): Guaranty of the market

1بسم الله الرحمن الرحيم

2طُلِب الينا نَقْل قاعدة السوق ولَفْظها وبعد حَمْد لله حق حَمْده والصلاة والسلام على سيّدنا محمد وآله

3(1)
فإنّه اجتمع رجال ذو محمد جميعاً وجمّع الله رأيهم بأن يعملوا لهم سوق في العِنَان يوم الاثنين المبارك إن شاء الله وجعلوا لكل لَحْمَة مِن لِحَامهم شهراً بأخماس آل أحمد بن كَوْل شهر وآل دمَينة وذو فَرَج وذو عاطف شهر وآل صلاح بن كَوْل شهر ولذو زيد شهر ولذو مُوسى شهر

4(2)
وفعلوا فيه ضمان جيران مِن كل لَحْمَة لِمَن تَسَوَّق السوق مِن خَلْق الله كلهم جميعاً إنّه في وجيه الضمناء الجيران وإنّ مَن عيّب أخاه فيه لا صَحْب له ولا جِيْرَة ولا رُفْقَة ولا إجابة وإنّ مَن أجابه فيه مِن أصحابه وزاده فقد عيّب الجار الضمين

5(3)
وإنّ مَن نَقِي فيه في ذَمّ قد تقدّم فلا (حق) نقاء له فيه وإن أجْبَر فيه او ذَمَّ صاحبه فيه فإنّ على الضمين الجار أن يُجَبِّر مَن فعل فيه مَرْبوع يَجْعَل في الشئ مِثله اربع اشياء فيما أخذ قبْل السوق فلا يسير مِن السوق إلا وحقّه معه

6(4)
ومَن لم يُجَبِّر وتراخا مِن ذلك الميقات فقد عاب وافتضح واستحق أن تُنْصَب له السوداء في كل سوق ويَنْصبُها المأخوذ في بلاده وبعد أنّ تَبْطل الاطرف (و) يتعجزوه (ينجّزوه) بقية الضمناء لهم (وإنهم) في حدود بلادهم يُجبّر عليهم (يجيّر عليهم) مِن القُبل الخارجية ومِن انفسهم على حسب الشروط المتقدّمة

7(5)
وامانه مِن بيته منهم أبو عصا وفي غير حدود بلادهم مِن انفسهم خمسة أيام بيوم السوق يومين قَبْله ويومين بَعْده لِمَن كان اهله بعيد ومَن كان ينتال (مَن كان نسم الى) بلاده وهم قريب قَبْل أنّ يصل بيته إلا أخوتهم ذو حسين وإن كان بلادهم قريب فلهم امان يوم السوق الى الطرف في وجيه الضمناء جميعاً وإن يَجْمَع كلّهم صاحبه بعد التجبير كما ذُكَر وإنّهم ناقون فيه جميعاً معيِّبون عليه جميعاً وناقون منه نقاء يبيِّضهم إن كان يلتحق لهم وإلا فالقِطَاع فيه مستمر

8(6)
وجعلوا السوق لِمَن تَسَوَّق مِن بري ومُجْرِم إلا مَن كان مُعيِّبهم في السوق وطرقه ومبطلهم بالبُعْد (ومطلهم بالعيب) فلا امان له فيه وجعلوا يوم السوق لا فيه قُبْلَه (لا فيه قَتْلة) ولا قُوَامه ولا نقاء كلِ في وجه صاحبه مِن الجيران

9(7)
وإنّ حراسة السوق الليل على اهل الشهر في السوق في العِنَان ومَن بنا فيه حانوت فهو له لا يُمْنَع مِن أحد ومتسوّق الزاهر في وجيه الضمناء منه اليه مِن نوْفي وغيره ومتسوّق بلاد سيفان اليها مِن نفوسهم ومِن نفوسهم ومِن سائر القُبل الخارجية حسبما تقدّم ومتسوّق العمالسة وآل سالم منها اليها

10(8)
وحدود السوق بين ذو محمد مِن مَصْوَر الى غَيْب الطويل (الى قبّة الطوال) الى عروق المقرّة الى حَيَط الحَبْل الى مكان آل مسعود والمَبْدَعة الى مسجد السايلة (مسجد السياقلة) الى حَرْث السِنَّة (الى جرب الاسعد) في المختبية وماقلب الماء مِن قرادة الى رِزوَت (الى دروب) الخضراء هذه حدود السوق بين ذو محمد يوم السوق فقط وما حوا داخل هذه الحدود بين المذكورين فهو في وجه صاحب الشهر وغيره في وجيه سائر الضمناء الجيران إلا مِن الغارة يوم السوق على مَن فعل فيما يُسَوَّق (مَن فعل في مَن يسوق) السوق فأمكن أخذه فيه (أخذه مِنه) وإن لم يمكن فاليوم الثاني في وجيه الضمناء الجيران

11(9)
أنّ المذكورين المأخوذين ثقة على مَن حَلَف عليه أنّه قَوْمه (من قوّمه) إنه مقبول في وجيه الجيران أن يقبلوه ويسوقوا النقيصة فقط لم اليه اليمين حسبما سبق وفي قدر الفايت عليه مقبول فيه يستقبلوه مولا الشهر ويَلْزَمه حسبما ذُكَر

12(10)
وهذه الذي ألحقوا فيها ذو محمد أنّ قواعد السوق صحيحة على مواثرها وما رُقَم فيها وكتن مَن حصل مِنه هَدّة في السوق فكان على كل هَدّة عقيرة ويوم يحصل فيها بدر (مِن) دم فكان نقاء مولا الشهر مَرْبوع وإن كان كَوْن مربوع وإن كان قَتْل وكان مَن أجْبَر صاحبه في هَدّة السوق وإلا حِجَاجة عيّب ضمينه وعيّب مولا الشهر ماله في الحَرَم يلاقف (ولا قفا به) الهدّاد فكان يتبعه مِن الحَرَم وخارج وكان مَن مسل في السوق حَمَّم في الحَرَم كان يستر السوق في وجه مولا الشهر بعقيرة وكان اذا جرا شئ مِن الان وأول كان ما هو مَثَل وهذه صحيحة مِن هذا التاريخ وآخر في وجيه مولا الشهر بتاريخه شهر القعدة 1225

13(11)
وتواجبوا ذو محمد أنّ مَن فِسَل في ضمانه وإلا مَلْزَمه مِن ارباع القُبل فيهم وشُتَم في العِنَان بعد الوَلا في مَجْمَع مَن حضر مِن ذو محمد يوم الاثنين فكان ما عاد يُقْبَل مِنه صُلْح إلا بندقين وإلا ثلاث وإلا اربع الجميع حقّ قِرْش وإن جاء بندق فيه فمقبول وكان هذا بِرَضَاء ذو محمد الجميع وكان الشَرْع حسب القواعد قواعد عادة أب وجدّ

14(12)
وتواجبوا ذو محمد أنّ السَرِقة في الحَرَم يوم الاثنين أمد الحَرَم مُحَرَّم إن رُدَّت برأسها فكان أدبها مثل قيمتها رأس النقيصة برأسها والأدب الذي لذو محمد اذا قفا الغريم بلزيم يبقا بقدر الجميع أدب ونقيصة الى وجه مولا الشهر ويوم المحمدي (هو) فكان ماله صاحب ولا أخ حسب قواعد السوق وإن كان له جار فما له مَجُوْرَة ولا فيه ثائر وإنه مِن ارباع القَبل فما له رفيق ولا ذي له مَعْتَرض إلا مَن اعترض بنادقه حسب القواعد ومَن قفا فما له إمْنَة إلا في الحَرَم فقط وكانت حسب القواعد على الجميع بتاريخه الاصل المنقول في سَنَة 1185 ونقلها في شهر ربيع اخر سنة 1239

15(13)
هذا وبعد هذا التاريخ جاء في القاعدة ما لَفْظَة ومَن فعل في قاصد سوقهم مِن القُبل الخارجية إن كان في حَدّ بلادهم كان التجبير عليه في وجيه الضمناء وزاد ألحقوا هذه وتواجبوا ذو محمد أنّ مَن اتهم مِن ذو محمد في سرقة في العِنَان وإلا مِن ارباع القُبل على مدينة العِنَان وطرقه فكان عنده شَرْع وبِشْعَة وكان يوم يُصَحّ عند المحمدي سرقة وإلا جرّ ارباع القُبل فكان المحمدي لغريم وكان ما له صاحب ولا ابن عم وكان ذو محمد عَوْد عليه الجميع ومَن تأخر (من يؤخر) مِن ذو محمد في المسراح عليه فكان غريم وكانوا ذو محمد يشتموه (يسلموها) ولا له صاحب ولا ابن عم وكان الملازم حية عليه ولا له عُلْقَة عند ذو محمد

16(14)
وكان يوم يُصحّ ما ذُكَر عند محمدي كان مربوع إنه في مدينة العِنَان فكان يُسَرَّح المربوع فإنه في طرق السواق وإن كان يأخذ مِن طرق السواق فكانت أخْذَة على ذو محمد وآل محمد ومَن وُسْطهم مِن عُرْوَة وجار وكان في وجيه مولا الشهر مِن ذو محمد مَن هو في شهره ومَن اعترض مِن ذو محمد عليه أخ وإلا صاحب عيّب مولا الشهر وعيّب ذو محمد الجميع وكان القواعد صحيحة على ما فيها وتواجبوا اجاويد ذو محمد على هذه الزيادة أنّها صحيحة على ما رُقَم فيها وكاتبها النقيب محمد بن عَرْفَج أبو رأس وحضر النقيب محسن بن حسين جُزَيلان وحسن بن ناصر جُزَيلان ومقبل بن علي البَحْر وحسن مِفْلَح عُمَير وعلي بن حسن على دمينة ( وعلي حسن بن علي) ويحي بن أحمد بن دارس وحسن بن ناصر مضمون ومحمد بن هادي يعقوب وحسين بن محمد قنّاف ومحمد بن مهدي قنّاف والحاج محمد بن أحمد أبو غَرِيسة

17(addition 1275 hijrī) (15)
وطلعوا ذو محمد على قواعد السوق وجأوا وهي مُؤمِّنة في حَرَم السوق مُحرم وغير مُحرم ولا أخرجت أحد والمُحرم هو المُعيّب والمشوّف والقاتل والمقتول ومَن عنده اضعف طلب او اكبر طلب يصحّوها إنّ السوق لعايب ومعيَّب ومشوّف ومعوّر وإنّه آمن لِمَن دخل في حَدّ حرمه يوم الاثنين

18(16)
وأما خارج الحَرَم فما في وجه مولا الشهر شىء هذه بين ذو محمد وأما المُخْرَجِي فعلا ما ذُكَر في السوق وما ذُكَر كان الى وجه مولا الشهر وذو محمد له حسب قواعد السوق وضمانها بحضر مَن شهد عبد الله بن حسين ثَوَابَة وأحمد بن حسن جُزيلان ومحمد بن قايد شَمْلان ومحمد بن راجح أحمر الشَعر وحسن بن محمد عَوفان وعبد الله بن أحمد قَمْشَع وحسين عبدالله مَهْفَل ويحي بن حسن عَبَشَة وعلي عبد الله البَحْر ومحمد بن صالح أبو رأس وعبد الله بن علي أبو عُروق ومحمد بن حسن عُمَير ومرشد بن علي حَرْمَل بتاريخه هذا ألْحَقه شهر القعدة سنة 1275

19(17)
وبعد ذلك قال فيها والضمناء مِن آل أحمد بن كَوْل حسن بن محمد هُوَيدة ومحمد بن أحمد أبو رأس وناصر الرُزَيقي وناصر بن صالح أبو عُروق ومحمد بن صالح بن ناصر ومنصور بن هادي حسين على آل أحمد بن كَوْل مَن حَضَر ومَن لم يَحْضُر وكل مِنهم قدم صاحبه وكفله

20والضمناء الجيران مِن آل دُمَينة حسن بن محمد بن داود وأحمد بن علي بن مهدي وصالح بن داد خَشَر على آل دمينة ومِن ذو فَرَج علي بن عبد الله بن هُدَيش وقاسم بن أحمد بن عاطف المذكورين مِن اهل الخميس خَشَر (حَسَب) قدم كلهم صاحبه وكفله على مَن حضر ومَن لم يحضر

21والضمناء الجيران مِن آل صلاح بن كَوْل علي بن مُسْفِر وِمهدي بن علي بن مُتْعَب وناصر القور وأحمد بن مِلْقَاط ومُصفِر بن عجلان وناصر بن مبارك هؤلاء ضمناء آل صلاح خَشَر (حَسَب) كلهم قدم صاحبه وكفله على مَن حضر ومَن لم يحضر

22والضمناء الجيران مِن ذو زيد عُمَير بن علي طَشّان وحسن بن أحمد طَشّان ورفيق بن عبد الله المذكورين خَشَر على ذو زيد قدم كلهم صاحبه وكفله

23وضمناء ذو موسى حسين بن محمد وصالح بن ناصر شِيلْح وعلي بن أحمد وصالح بن بَا سَلاب وحسين بن زَعِيل ومحمد بن صالح مَدشَل وعلي محمد عبد القادر وحسين بن محمد حَبْلَة وحسين بن هادي الشامي وناصر بن صالح فهد وحسين بن حسن ومحمد بن سالم هؤلاء ضمناء ذو موسى كلهم كفل على صاحبه حاضر وغافل

24هذا والشَطْب الذي في باطن

Text 1 (original undated): Market Guaranty translation and notes -

25We were asked to copy (naql) the market-code and do so verbatim (lafẓ-hā). After praise to God, whose due is praise, and prayers and peace on our lord Muḥammad and his kin:

26SECTION 1
The men of Dhū Muḥammad [all] met together, and God gathered their opinion that they make for themselves a market at al‑ʿInān, [to be held on] Mondays –blessed if God wills. They specified for each of their sections a month, [by] fifths:
1 Āl Aḥmad b. Kawl for a month, Āl Dumaynah, Dhū Faraj and Dhū ʿĀṭif for a month, Āl Ṣalāḥ b. Kawl for a month, [and] a month for Dhū Zayd and a month for Dhū Mūsā.

  1. I have added here the prefix bi- to give bi-akhmās. Most friends from Dhū Muḥammad see no need to do so. The passage would also read more comfortably were there a preposition: li-āl aḥmad b. kawl or min āl aḥmad b. kawl shahr(an).

27SECTION 2
They made there, all together, a neighbourly guaranty from each section for whoever of Godʼs creation should come to market.
1 It is on the honour of (fī wajīh) the neighbour guarantors [i.e. it is their shared responsibility]. Whoever shames/disgraces his brother there2 shall have no fellowship (ṣaḥb, in the tribe), no neighbour-right (jīrah), no companionship (rufqah), and no answer [to a call for support]. Whoever of his fellows answers him and compounds [the offence]3 shall have shamed/insulted the neighbour guarantor [i.e. the guarantor for his specific section of Dhū Muḥammad].

  1. neighbourly guaranty, ḍamān jīrān. The meaning would seem to be that all the signatories share responsibility. I have not found comparable phrases in recent tribal documents, and one would expect instead e.g. ḍamān shabk or ḍamān khashar, or else some construction around the phrase ḍumanāʼ jīrān.
    whoever of Godʼs creation, khalq allāh. This is an old, well-established usage to describe simply people (see e.g. Ibn al‑Mujāwir Tārīkh al‑mustabṣir p. 146), and 19th century histories elsewhere in Arabia use it constantly. Nonetheless, a point is being made. Part of the tribeʼs boast to the world is that anyone at all may come in safety, which apparently is not stressed in parts of al‑Ḥijāz, cf. W. Dostal, The special features of the Yemeni weekly market system, New Arabian Studies vol. 3 (1996).

  2. there, fī-h, literally “in it”; but this probably has the more general sense of “in matters concerning the market”. Breaches of guaranty, for instance, are as much at issue as are fights in the market-place.

  3. compounds [the offence], zād-ah, cf. text A section 14, text B sections 19-21. If the direct object is a person, as it is with the preceding ajāba-h, the meaning of zāda is usually to pay or feed someone, not to abet him; probably the grammatical object here is the offence itself.

28SECTION 3
Whoever seeks vengeance there for some previous disgrace (
dhamm qad taqaddam) has no [right of] vengeance there.1 If he acts against2 or shames (dhamm) his fellow there, then his neighbour guarantor must pay3 in the culpritʼs name four-fold –whatever thing [befalls], four things like it– for what occurred [and must do so] before the [next] market.4 He [the claimant] shall not leave the market except that he takes his due (ḥaqq-ah, i.e. what heʼs owed) with him.

  1. seeks vengeance: naqī is the usual pronunciation at Baraṭ rather than naqiya. The phrase “[right of] vengeance” here translates naqāʼ. I have added ḥaqq where the copyist says something is missing (hunā kalimāt maṭmūsah). The meaning of the text is disputable, however.
    Some have insisted that
    dhamm qad taqaddama (something which “came before”) must refer to an offence on the road on the way to market, others that it refers to a claim made previously at market, by announcement or by setting up flags. The simplest explanation seems to me the most persuasive, that no previous disgrace of whatever kind can be pursued by violence on market-day, cf. Dresch ʻḤūthʼ pp. 75, 77.
    The term
    dhamm can be used of simply a wound (syn. kawn), not always of a disgrace (syn. ʿayb), but any offence committed in the market, as in line 2, would be dhamm in the latter sense of disgraceful or insulting action.

  2. acts against, ajbara (cf. Dresch ʻḤūthʼ p. 75), which makes good sense in context (some have read ujbara). More usually in Dhū Muḥammad , however, ajbara has the sense of acting with someone, as form I of the verb (jabara) does further west, which would fit uncomfortably with the following phrase, aw dhamma ṣāḥib-ah.

  3. pay, yujabbir. The wording is not as clear as it might be. The usual formula would be that the guarantor yujabbir al‑manqūṣ (pays directly the person who has suffered the loss), and thus yujabbir ʿalā man faʿala (pays “on behalf of” the culprit). This could be resolved by reading man faʿala fī‑h as the passive man fuʿila, but that would not be a common construction in this kind of document.

  4. what occurred... before the market, mā ukhadha qabla l-sūq. The verb akhadha often means something like to “happen” or “befall” (not to “take”), although here it might suggest the guarantor “acquires” responsibility. The verbs ajbara, dhamma, and faʿala between them suggest physical violence is at issue.
    Again (cf. note 1, above) some people have argued that
    qabl al‑sūq must mean an offence committed on the road coming to market. Others make a more persuasive argument that the intention might be qibal al‑sūq, meaning what “concerns” the market (cf. Piamenta Dictionary p. 385).
    The majority interpretation adopted here –“before the [next] market”– is supported by the mention of a mīqāt or deadline in the section following. One has a week to make amends, or promise to do so by giving rifles, and after that one is liable to a formal summons by the claimant planting a black flag.

29SECTION 4
Whoever does not pay [on a culpritʼs behalf] and is sluggish about this commitment (
mīqāt, deadline) has committed a disgrace. He is exposed [to blame] and becomes due having the black [flag] planted against him at every market, and the person who has suffered the loss shall plant [the black flag] in his [own] territory.1 If [literally, “after”] the nearest [person to the culprit]2 proves useless [and] the rest of their guarantors in the borders of their territory fail [to act]3 then the foreign tribes (qubul khārijīyah) and their own people pay for them (yujabbir ʿalay‑hum) in accordance with the conditions [laid out] already.4

  1. This refers to the process of bayḍāʼ wa-khiyār discussed in part three of the introduction. If the guarantor acts promptly he pays four-fold for offences of all kinds among the signatories (just once, perhaps, in making amends to others, but amends must be made); if he fails to make amends, then his rights in the tribe are suspended like those of the original wrong‑doer. As the phrase “at every market” suggests, this could go on longer than the usual week or two weeks. Indeed, his rights are suspended as long as the other guarantors agree to the flag remaining in place.

  2. the nearest, al‑aṭraf. Normally aṭraf would mean the furthest, but the sense here seems fairly clear: responsibility falls first on the culpritʼs nearest relatives in the tribal scheme, then on Dhū Muḥammad as a whole, cf. text A sections 9, 20.

  3. fail to act, reading yaʿjazū or yataʿajjazū for what many feel might perhaps be yunajjizū-h (“do it”, or “accomplish it”). The latter reading would account well for the lack of a conjunction before the verb, and for the pronominal suffix, but less well for the line following. It is only if the guarantors in succession fail to act that a need would arise for others to pay.
    One might read
    wa-yataʿajjazū baqīyat al‑ḍumanāʼ la-hum fī ḥudūd bilād‑hum, as I do here, or else yunajjizū-h baqīyat al‑ḍumanāʼ wa‑in hum fī ḥudūd bilād-hum... Somewhere, at the least, one needs a conjunction.

  4. the foreign tribes, al‑qubul al‑khārijīyah, might conceivably refer to other parts of Dhū Muḥammad. Comparison with section 13 makes this unlikely, but there is no obvious reason why other tribes would “pay on their behalf” (yujabbir ʿalay-hum). If we read tajbīr for yujabbir, which Muḥammadīs have conspicuously not done, we can read min as defining who commits the offence. So, “they should pay (tajbīr) whether the culprit is one of theirs or from elsewhere”. However we parse the sentence, it is clear that the guarantors bear the main responsibility.

30SECTION 5
[The market-goerʼs] security from his house to his house, including for ordinary travellers
1 and beyond the borders of their own territory [if the culprit comes] from among themselves,2 is five days around market-day, two days before and two days after, for whoeverʼs people are far off. For whoever is in reach of [or “intending”]3 his [own] territory and his people are near [this security lasts] until he reaches his house, except for their brothers Dhū Ḥusayn: if their territory is near, then they have security on market-day as far as the border on the honour of [all] the guarantors together.4 If each [of those bound by this agreement] gathers his fellow after the payment as mentioned, then they take vengeance for it [i.e. the offence] together, and together seek from him [the culprit] amends for the disgrace,5 and take vengeance [or extract amends] from him such as whitens them [i.e. restores their good name] if they [can] catch him.6 If not, the cutting off [of his access and theirs to market] continues.7

  1. [his] security, amān-ah. The subject is left unspecified, but it can hardly be the culprit or the defaulting guarantor in the last part of the preceding section. Everyone has read it as meaning amān al‑mutasawwiq, the security of the general market-goer. Note that protection against wrongs by Muḥammadīs extends beyond Dhū Muḥammadʼs territory.
    ordinary travellers,
    abū ʿaṣā. There is a family in Dhū Muḥammad, in fact a family of (“weak”, non-tribal) market-people, named Abū ʿAṣā; but the meaning of “father of the stick” here is almost certainly an ordinary person not carrying a rifle or travelling in an armed group. 

  2. from among themselves, min anfus-hum, meaning “if the culprit is one of them”, i.e. from Dhū Muḥammad. If the culprit who attacks the market‑goer outside Dhū Muḥammadʼs territory is from another tribe, the offence is that other tribeʼs concern.

  3. in reach of, yantāl, i.e. able to get there; or perhaps (the script is very unclear) to intend or to be close, nasama ilā. But Ḥusayn b. ʿAskar Abū Aṣbaʿ reminds me that yansam can also mean yartaḥ or yanzil, here perhaps with the sense of stay overnight, cf. Ḥabshūsh Ruʼyah p. 75. A provision for people staying overnight at the market would not be unusual, see e.g. Dresch ʻḤūthʼ p. 68.

  4. as far as the borders, adding an alif-lam to give ilā l-ṭaraf, which is how most Muḥammadīs have read it. The texts in fact read bi-lā aṭraf, which might be simply an orthographic quirk; or the meaning could be “on market-day at most”, i.e. only until sundown.
    The sentence is judged to refer specifically to Dhū Ḥusayn. Their border is just a few kilometres from al‑ʿInān. Some readers have suggested that “as far as their borders” could mean as far as Dhū Ḥusaynʼs further borders at Baraṭ, e.g. al‑Daḥīyah, south-east of Rajūzah, but this would surely depend on some reciprocal agreement about Rajūzahʼs market and seems unlikely in view of text B section 16.

  5. seek amends from him: this is read by most people from Dhū Muḥammad as muʿayyibīn (i.e. muʿayyibūn, active participle) ʿalay-h, but yuʿayyib ʿalā is not a very common construction.
    Aḥmad Fāḍilʼs copy has
    nāqūn min-ah in the clauses both before and after this. Ṣāliḥ Muḥammad al‑Farajīʼs copy, reproduced here, has what looks to be nāqūn fī-h in the first clause, i.e. taking vengeance (or making honourable amends) for the offence, and nāqūn min-ah in the second clause, which would mean taking vengeance or amends from the culprit.

  6. if they can catch him, in kāna yaltaḥaq la-hum. Everyone who has read the passage has given it this meaning, though the construction is unexpected and the literal meaning is “if he were connected with them”. They have also taken naqāʼ to mean blood-vengeance. The verb yaltaḥaq would usually mean “to be attached”, i.e. not expelled or cut off from relations; in which case naqāʼ might well be payment of amends, to be made by his fellows if the culprit remains associated with them.

  7. The cutting off of access to market, and from relations more generally with Dhū Muḥammad, may affect the individual or his group. If the people of his section pursue him, he has no standing in the tribe and none may help him; if they fail to act against him, they themselves are “cut off” from their fellows in Dhū Muḥammad.

31SECTION 6
They made the market for whoever comes to market, whether innocent or guilty, except [for] he who has shamed/insulted them in [matters concerning] the market and its roads and has not then paid.
1 He has no security there. They made [it that] on market-day there shall be no confrontation,2 no rising up (quwāmah, against others), and no vengeance. Each [man] is on the honour of his fellow among the neighbours.3

  1. innocent, barī (cf. classical barīʼ; with a hamzah); has not then paid, reading maṭall-hum bi-l-buʿd or, slightly less likely, mubṭil-hum bi-l-ʿayb (cf. al‑Akwaʿ Madkhal p.30).

  2. confrontation, qublah. This is a common term for a legal process. Tribesmen have nearly all taken it to mean “cause for a legal process”, i.e. a dispute of any kind; people from qāḍī families have taken qublah to mean the process itself and said that, since the market is precisely where one would go to law, the word here must actually be qatlah (killing). I suspect that, despite the script, the intention may originally have been simply fitnah, i.e. violence and disorder.

  3. each on the honour of his fellow, kullin fī wajh ṣāḥib-ah min al‑jīrān. The jīrān or “neighbours” here are plainly the guarantors together. Each tribesman is answerable to his guarantor; each guarantor, as we saw above, is answerable to the others.

32SECTION 7
The guard for the market at night in al‑ʿInān is the responsibility of the people of the month [i.e. those of the fifth whose turn it is].
1 Whoever builds a shop there has the right to do so; none shall prevent him. And the market-goer from al‑Zāhir, whether Nawfī or otherwise, is on the honour of/under the protection of the guarantors [from Dhū Muḥammad] coming and going.2 The market-goer in Sufyānʼs territory [is their responsibility] until he gets there [i.e. Dhū Muḥammad are responsible for what befalls him on their own side of the border; Sufyān are responsible on theirs], from themselves and from all of the foreign tribes (sāʼir al‑qubul al‑khārijīyah) according to what has come before.3 The market-goer from al‑ʿAmālisah or Āl Sālim [is protected] from and to [their territory or borders].4

  1. the people of the month, mawlā al‑shahr. Strictly speaking this is singular (“he of the month”), but even when the intention is plainly a whole set of people the plural form seems not be used. One thus finds equally (or ilā) wajh mawlā al‑shahr (singular) and wajīh mawlā al‑shahr (plural).

  2. The whole of this section is drafted in terms that take everything as already understood. But the masculine pronoun in min-ah wa-ilay-h deserves noting. In colloquial usage sūq or market is masculine; territory (bilād) and borders (ḥudūd) are feminine. This seems to me more important than that al‑Zāhir may be masculine.
    Al‑Zāhir is in Banī Nawfʼs territory in the Upper Jawf. Dhū Muḥammad, if we look later on in this passage, can hardly be guaranteeing everyone who attends all their neighboursʼ markets. The meaning of
    mutasawwiq al‑Zāhir must be people coming and going from al‑Zāhir to the market at al‑ʿInān. But min nawfī wa-ghayr-ah might perhaps refer to the culprit, not the victim: in other words, anyone coming to al‑ʿInān from al‑Zāhir is Dhū Muḥammadʼs concern, whether the person who wrongs him is from Banī Nawf or some other tribe.

  3. Again the drafting takes for granted an understanding of the system, i.e. “what has come before”. There is little to go on here but geography and the gender of the pronouns. But again, as at the start of section 5, above, min nufūs-hum ... (“from themselves” etc.) surely refers to the identity of the potential wrongdoer.

  4. While Sufyān has just ilay-hā, Āl Sālim and al‑ʿAmālisah have min-hā ilay-hā. Attempts to elicit a reason for this lead to lengthy comment on how Āl Sālim and al‑ʿAmālisah are part of Dahm and thus are “closer” than Sufyān to Dhū Muḥammad, which is true but does not explain the wording.
    The different wording may be a slip of the pen or some polite formula, but ʿAbdullāh Yaḥyā al‑ʿAnsī came up with an ingenious (if, I think, unlikely) solution. Āl Sālim and al‑ʿAmālisah have no weekly markets of their own. The phrase
    min-hā ilay-hā might therefore refer to Dhū Muḥammad guaranteeing the safety of such people in Dhū Muḥammadʼs territory on their way to and from Sufyānʼs market.

33SECTION 8
The borders of the market among Dhū Muḥammad are from Maṣwar to Ghayb al‑Ṭawīl [or “Qubbat al‑Ṭuwāl”]
1 to the foothills at Maqarrah, to the walled gardens at al‑Ḥabl,2 to the place of Āl Masʿūd and al‑Mabdaʿah,3 to the mosque by the wash [Masjid al‑Sāyilah, or perhaps “al‑Sayāqilah”]4 to the [start of the] cultivated ground at al‑Makhtabīyah [al‑Maḥtawīyah?],5 and where the water runs off from Qarādah to the hillock (rizwat; or channels/tracks, durūb)6 of al‑Khaḍrāʼ. These are the borders of the market among Dhū Muḥammad [effective] only on market-day. Whatever takes place within (ḥuwā dākhil) these borders among those mentioned is on the honour [i.e. is the responsibility] of him of that month [the fifth whose turn it is]; other things are on the honour of all the neighbour guarantors [together]. Except [in case of] an attack/response (ghārah) on market-day against someone who acts against what is being brought to market, if he can be taken there.7 If he cannot, then [he must be taken] the next day, on the honour of the neighbour guarantors.

  1. The favoured reading among friends from Dhū Muḥammad has been Qubbat al‑Ṭuwāl, but the only conspicuous qubbah or domed tomb in the area is Qubbat al‑Mahdī, which dates from about 1901. There is also a place just north of the market called al‑Qubbah, and there may be a small tomb there; I have not been able to check. On the other hand, al‑Ghayb is a village about 15 minutes walk south-west of the centre of al‑ʿInān, and Maṣwar is about the same distance south-east. It seems likely that the writer is working clockwise around the market to describe the boundaries.

  2. foothills, outcrops, ʿurūq; walled-gardens, ḥayaṭ; and al‑Ḥabl lies just west of al‑ʿInān. Almost certainly this is al‑Maqarrah not al‑Maqbarah, “the cemetery”.

  3. al‑Mabdaʿah seems to be a field or a set of fields west or north-west of al‑ʿInān, and Āl Masʿūd were slaves of the Abū Raʼs family, whose own maqām lies north-west of the market.

  4. Masjid al‑Sāyilah (the mosque by the wash) looks likely. Although not called that nowadays, there is a mosque in the right place, a little north‑west of the main market. Several people have insisted it is Masjid al‑Sayāqilah, as in the photocopy here, or al‑Sayāliqah, but none has suggested plausibly which mosque this would be or where the name comes from. Sayāqilah (al‑Farajīʼs copy) might perhaps be jewellers or metal‑workers; sayāliqah (Aḥmad Fāḍilʼs copy) might be cultivators of some kind.

  5. One possible reading here would be jirab al‑asʿad, jirab being fields; but no-one can think of a likely set of fields with that name. The intention is almost certainly ḥarth al‑sinnah, the place where soil is turned by the plough-tooth, i.e. farm-land.
    Al‑Makhtabīyah is fairly clear in two copies of this text and is a village north­east of al‑ʿInān, but much too distant; and the run-off from al‑Qarādah, in the clause following, goes the wrong way. Unless there is another Makhtabīyah, nearer the market, the intention must surely be al‑Maḥtawīyah, due north of the market-place.

  6. rizwah is explained as a hillock (syn. tibbah); some favour durūb, in the sense not of tracks but of paths or channels that run-off follows (i.e. the marāhiq or masāqī). Qarādah is the mountain north-east and east of the market-site. Al‑Khaḍrāʼ (or Khaḍrā) is south of the market. Despite the difficulty of pinning down the names, there is little doubt we are looking at an area only two kilometers or so across.

  7. A ghārah is equivalent to a dakkah (text A section 11, text B section 11) or what elsewhere is called fazaʿ. Regardless of divisions among fifths, everyone should turn out immediately to right the wrong. Readers who have taken time over the text have all read mā yusawwaq al‑sūq (the script looks more like yusawwar), meaning what is being brought to market: in other words, things attacked or taken on the road to al‑ʿInān. Presumably the passage refers to crimes committed by Muḥammadīs.
    With this exception, disputes among members of Dhū Muḥammad within the
    ḥaram are to be dealt with by the people of the month, as are all disputes with or among foreigners; disputes among members of Dhū Muḥammad outside the ḥaram devolve immediately on the whole tribe or are left to the disputing parties.

34SECTION 9
Those mentioned who have something taken
1 are [to be] trusted when they swear as to who did them wrong.2 If this is plausible,3 [it is] on the honour of the neighbours [i.e. the guarantors] that they accept [the testimony] and pay only the loss.4 He [the claimant] need do nothing except swear [to who the culprit was] as previously and [to an] estimate of the loss he has suffered.5 [If it is] plausible, he of the month [must] accept this and is obliged [to act, or perhaps, “is owed”] in accordance with what has been mentioned.6

  1. who have had something taken, al‑maʼkhūdhīn. The grammar and sequence suggest maʼkhūdhīn should be the culprits who are “taken” in the lines preceding; sense suggests otherwise. One could read the next few words as meaning that culprits should swear to who their accomplices were, but the sentences following suggest far more strongly that al‑ maʼkhūdhīn are the people who have been robbed.

  2. trusted [as a witness], thiqah, cf. al‑Akwaʿ Madkhal p. 30. See also text B sections 13 (part 2), 15, 30, 33.
    swear as to who did them wrong, reading
    ḥalafa ʿalay-h ann-ah qawm-ah. Some have wanted to read in qawwama, meaning “if he sets the value (qīmah)” of the loss or damage, but this seems to be covered separately by qadr al‑fāyit in the next line. The meaning could be very general. Colloquially one says aysh qawm-ah to mean simply “Whatʼs this about?”, “Whatʼs going on?” The possibility that qawm is a particular “group” (such as that to which the claimants themselves belong) seems excluded by the lack of any subsequent differentiation among wrongdoers.

  3. plausible, maqbūl (syn. maʿqūl). In other words, if the accusation does not defy probability or logic.

  4. It seems surprising that only the loss (al‑naqīṣah faqaṭ) should be paid, and not multiple amends. See also section 12, below. But in this instance it seems the wrong is done on the road, not in the market-place: if restitution is made immediately, no further amends are due the victim, though they may be to the guarantors.

  5. to an estimate of the loss, fī qadr al‑fāyit. The terms qadr and taqdīr with the meaning of estimating or assessing cost are common, cf. Text A section 4 and text B section 3. The word fāyit is from fāta, to vanish or disappear.
    A little earlier, the words before
    yamīn (an oath) are illegible in al‑Farajīʼs copy, but several people have guessed mā tamma la-hum illā or mā lam ilay-hum. Aḥmad Fāḍilʼs copy has wa-lam ʿalay-h. In documents of this kind ilay-h and ʿalay-h often look to be interchangeable, and very few people have read the passage other than with the meaning here.

  6. In other words, if prompt restitution is made then that is an end of it so far as the victim is concerned. If the people of the month fail to act promptly, however, then the victim or his protectors would have a claim against them.

35SECTION 10 (addition of 1225 hijrī)
This is what Dhū Muḥammad added to it [i.e. to the agreement]. The rules of the market are correct according to their bases/precedents (
mawāthir) and what is written there. Whoever commits an offence (haddah) in the market shall [owe] slaughter-beasts for each offence.1 When [literally, “on the day that”] a matter of blood occurs, the people of the month [i.e. the fifth responsible] shall take vengeance/seek absolution (naqāʼ) four-fold: if itʼs a wound, four-fold; and if itʼs a killing, four-fold.2 Whoever acts [with]3 his fellow in an offence against the market or takes his part (ḥijājah) shall have shamed/insulted his guarantor and shamed/insulted the people of the month. The person of the month shall not confront4 the offender there in the ḥaram [i.e. the protected space], but shall follow him from the ḥaram to outside. Whoever draws a weapon in the market shall have blackened5 the ḥaram and [must pay] what covers the market [i.e. a set fine] in slaughter-beasts, on the honour of the people of the month. And if some [other] thing has taken place up until now, it sets no precedent.6 This is correct/true from this date forth, on the honour of the people of the month, dated the month of Qaʿdah 1225.7

  1. slaughter-beast, ʿaqīrah: although the form is singular, there is no reason to suppose a single animal is required for each offence. For almost any offence several would be more likely, cf. Dresch ʻḤūthʼ pp. 75, 77, al‑Akwaʿ Madkhal p. 28.

  2. vengeance/absolution, naqāʼ. A common contrast in ʿurf (see e.g. Dresch ʻḤūthʼ p. 69) is between naqāʼ and ghadāʼ vengeance and cash compensation, and most people have said, as they have for section 5, above, that in the present case blood must be taken. This seems to me unlikely. One imagines that extracting four times the blood-money would suffice as naqāʼ in most cases, with or without additional beasts or cash for ʿayb.

  3. acts [with], ajbara, rather than “acts against”, cf. section 3 note 2. This is the more common meaning at Baraṭ, and fits well with what follows: ḥijājah has usually the meaning of taking sides, cf. text A section 19.

  4. confront [him], yulāqif-ah or yulāqif bi-h. This is the majority reading, despite the script in the photocopy, and it appears as such in Aḥmad Fāḍilʼs copy.

  5. blackened, ḥammama, i.e. defiled or disgraced. The phrase salla masal is read less classically by most as shalla mashall, but the meaning is the same: to draw oneʼs dagger, cf. al‑Akwaʿ Madkhal p. 28, Dresch ʻḤūthʼ pp. 75, 77.

  6. sets no precedent, mā huwa mathal. Many people, with the same meaning of “example” in mind, pronounce the word mithl or mithal.

  7. The figure in the photocopy is clear, as it is in the 1275 copy, but it is possible, given the recurrence of al‑Qaʿdah in section 16, below, that it should have been 1275.

36SECTION 11
Dhū Muḥammad agreed that whoever of the neighbouring tribes (
arbāʿ al‑qubul) fails in his guaranty or obligation towards them and is vilified1 [in the market] at al‑ʿInān after consultation2 at a gathering of whoever is present of Dhū Muḥammad on a Monday, no truce/ settlement shall be accepted from him unless [he gives] two rifles, or three or four, together worth a hundred silver pieces.3 If the rifle for it [i.e. the offence] arrives, then it [can be] accepted. This is for Dhū Muḥammad together to decide.4 The judgement shall be in accordance with the code/rules, the rules of custom of the father and forefather.

  1. vilified, shutama or shutima. This again refers to placing the jidhn, discussed in part three of the introduction and referred to in text A sections 12, 18, text B sections 12, 23. Someone from e.g. Sufyān who has defaulted on an obligation or violated a “link” (ʿulqah) is formally summonsed at market; if after 15 days he has not “whitened his face” by doing what he should, the jidhn or malām (“blame”) is placed.

  2. consultation, walā (pronounced also wulā); cf. al‑Akwaʿ Madkhal p. 36. See also mawālāt in text B section 29. The word is quite clear in Aḥmad Fāḍilʼs copy of the market text. In al‑Farajīʼs copy, given here, it looks more like shuwā, which no-one cared to make sense of.

  3. These rifles, usually referred to as rifles of whiteness (banādiq al‑baydā’, cf. text B section 41) are a pledge that one will either discharge oneʼs obligation or submit to judgement by the claimantʼs people.

  4. to decide, bi-riḍāʼ (pr. usually bi-raḍāʼ); rather than a conditional meaning, “if they all agree”. This may seem a fine, or even illusory, distinction; but in recent documents one often finds the phrase in contexts where it looks to mean that everyone has agreed and in fact means they should now discuss the matter, cf. the confusion between British and American English in “tabling” something at a committee.

37SECTION 12
Dhū Muḥammad agreed that [in cases of] theft in the market, within the
ḥaram at the time it is set apart (muḥarram, protected) on a Monday, if [the thing stolen] is returned as such (bi-raʼs-hā) then the fine is the same as its price, the amount of the loss at the same amount (raʼs al‑naqīṣah bi-raʼs-hā).1 As to the fine due Dhū Muḥammad if the culprit turns his back on the one responsible,2 this remains for them all to assess/decide, [both] the fine and the damages, on the honour of the people of the month. When [literally, “on the day that”] a Muḥammadī is the thief he shall have no fellow and no brother, in accordance with the rules of the market. If [the culprit] is a jār [i.e. a “weak” non-tribesman], he shall have no neighbour-right (majūrah, no protection) and no-one shall stand up for him (lā fī-h thāʼir).3 If [the culprit] is from the neighbouring tribes, he shall have no companion/escort (rafīq) and no-one shall intervene on his behalf,4 except if he offers his rifles (iʿtaraḍ banādiq-ah) according to the rules. Whoever refuses (qafā, turns his back, i.e. defaults on his obligations) shall have no security except within the ḥaram alone, in accordance with the [existing] rules/code [that are binding] on everyone, the date of the original copying being 1185, and it was copied [again] in the month of Rabiʼ Akhir 1239.

  1. This follows the usual principle that al‑dhamm mithla l-dam, al‑ʿayb mithla l-naqīṣah, applied in some markets elsewhere to physical injury, cf. Dresch ʻḤūthʼ p. 68.

  2. turns his back on, qafā bi-; despite the preposition bi-, some have preferred to read qāffā (form II). If the object stolen is returned immediately, then the fine due is the same as the objectʼs cost; if the culprit, having been taken under someoneʼs responsibility, fails to make prompt amends, the matter becomes more serious.
    the one responsible,
    lazīm. Where the culprit is from Dhū Muḥammad the lazīm here would be his guarantor. For an outsider the lazīm could be anyone from Dhū Muḥammad , so long as the culprit gave rifles as a pledge to pay amends.

  3. lā fī-h thāʼir: Compare e.g. thāra (“to act”) in text A section 20 and mathār in text B section 18, or yathawr (yathūr) in text B section 9. Although thaʼr with a hamzah classically is “vengeance”, I am not at all sure two verbs are distinguished colloquially. To take someoneʼs part, as here, or to act against them are usually to seek restitution in blood or money.

  4. no-one shall intervene on his behalf, lā dhī la-h muʿtariḍ, i.e. no-one from Dhū Muḥammad shall stand between him (iʿtaraḍa ʿalay-h) and the guarantors seeking amends from him (cf. al‑Akwaʿ Madkhal pp. 29, 40, 42). Later in the sentence iʿtaraḍa as a transitive verb has a different meaning, to offer or give over rifles for judgement.

38SECTION 13 (post-1239 hijrī)
After this date there came into the rules/code that which is [written here] verbatim. Whoever of the foreign tribes (
al‑qubul al‑khārijīyah) offends against someone coming to their market, if it happens within their territory then the payment (tajbīr) for him [i.e. in the culpritʼs place, initially, to the person wronged] is on the honour of the guarantors.1 Moreover they added this. Dhū Muḥammad agreed that whoever of Dhū Muḥammad is accused of theft in al‑ʿInān, or whoever of the neighbouring tribes [is accused of theft] in the town of al‑ʿInān or on its roads, shall be subject to judgement and sooth-saying.2 When theft is proved against a Muḥammadī, or the neighbouring tribes commit some offence and a Muḥammadī is the culprit,3 he shall have no fellow and no paternal brother. Dhū Muḥammad together shall turn on him.4 Whoever of Dhū Muḥammad tarries in acting against him (fī l-misrāḥ ʿalay-h, making him pay)5 is a culprit [too]. Dhū Muḥammad shall vilify him [or perhaps, “pay the loss”]6 and he shall have no fellow and no paternal brother. The obligations on him are live,7 and he shall have no link (ʿulqah, as of e.g. traveller to escort) among Dhū Muḥammad.

  1. within their territory, fī ḥadd bilād-hum, i.e. in Dhū Muḥammadʼs territory. The guaranty is being extended from the market-place itself and roads leading there to the whole of Dhū Muḥammad. More than that, the guarantors undertake to make amends to the victim if an outsider should be the culprit and then pursue the claim themselves against the “foreign” culprit and his tribe.

  2. soothsaying, bishʿah. There are still people known as mubashshiʿ who by numerology or reading the sand can supposedly find lost objects: a generation ago there was a famous practitioner at Baraṭ who would write on the head and hand of a child, who in turn would then “see” the culprit or the stolen goods in a coffee-cup. The dramatic associations of the term elsewhere with ordeals, such as placing hot iron against the tongue (Glaser Maʼrib p. 124), seem not to be prominent at Baraṭ.
    A quite different reading may be possible. Badu from Dhū Zayd and Āl Sālim say that in the Jawf the phrase
    sharʿwa-bishʿah refers to a set fine comprising two oxen and a length of white cloth. Context makes that unlikely here.

  3. culprit, gharīm. The meaning is that if, say, a robbery were committed by some other tribe but a Muḥammadī was their accomplice, or instigated the crime, his rights would be forfeit.

  4. turn on him, ʿawd ʿalay-h, cf. al‑Akwaʿ Madkhal p. 32. Some at Baraṭ identify this noun with ʿūd, a stick, and argue that the root meaning is to strike as one, like a club; classically, of course, ʿūd can also mean strength or power. But ʿawd (nearly always pronounced that way) seems more likely to connect with ʿāda, yaʿūd, to return.

  5. Here following the Aḥmad Fāḍil copy. For misrāḥ see Serjeant ‘Dawlah’ p. 138. What looks in the script to be yuʼakhkhir, “to delay” (transitive), “to hold up”, must surely be the intransitive taʼakhkhara.

  6. vilify him, yashtumū-h, i.e. place a jidhn against him, which in turn means his rights e.g. to give and receive escort are suspended: he is cut off from relations with the tribe. Aḥmad Fāḍilʼs copy has yusallimū-hā, which is much less likely.

  7. I strongly suspect a negative particle is missing here: wa- kāna l‑malāzim ḥayyah. The obligations referred to may be specifically those of the guarantors who must act against the culprit, but usually someone who is bound by obligations (al‑malāzim ʿalay-h, as here) also has obligations to call on (al‑malāzim la-h), which the culprit does not in this case. See also text A section 17. Aḥmad Fāḍilʼs version has al‑malāzim ʿayb ʿalā dhū muḥammad.

39SECTION 14
When what was mentioned is proved against a Muḥammadī [payment] is four-fold if [the offence] was in the town of al‑ʿInān. He shall pay four-fold.
1 If [the offence] is on roads to the market,2 and what is taken is from the market-roads, then that which was taken (akhdhah) is [to be made good] by Dhū Muḥammad , Āl Muḥammad , and those [living] among them3 who are ʿurwah [i.e. the manūʿ] or jār [“weak” non-­tribesmen]. [This is] on the honour of the people of the month from Dhū Muḥammad responsible [for the market] that month. Whoever of Dhū Muḥammad intervenes on [the culpritʼs] behalf,4 whether brother or fellow, shall have shamed/insulted the people of the month and shamed/insulted [all] Dhū Muḥammad together. The rules/code are true as to what is in them. The notables (ajāwīd, i.e the shaykhs) of Dhū Muḥammad agreed that this addition is true [also] as recorded here. The scribe is al‑Naqīb Muḥammad b. ʿArfaj Abū Raʼs. Present [also] were al‑Naqīb Muḥsin b. Ḥusayn Juzaylān, Ḥasan b. Nāṣir Juzaylān, Muqbil b. ʿAlī al‑Baḥr, Ḥasan Miflaḥ ʿUmayr, ʿAlī b. Ḥasan b. ʿAlī Dumaynah,5 Yaḥyā b. Aḥmad b. Dāris, Ḥasan b. Nāṣir Maḍmūm, Muḥammad b. Hādī Yaʿqūb, Ḥusayn b. Muḥammad Qannāf, Muḥammad b. Mahdī Qannāf and Ḥājj Muḥammad b. Aḥmad Abū Gharīsah.

  1. Aḥmad Fāḍilʼs copy again differs. Between fa-kāna and yusarriḥ, the second sentence of the translation here, comes jabbara ʿalay-h wa-lā la-h ʿulqah. This seems to be a copying error.

  2. The form sawāq in al‑Farajīʼs copy (the photocopy version here) is not usual, and it is most unlikely to be a badly copied plural (aswāq). Most have read this as simply sūq, which is how it appears in Aḥmad Fāḍilʼs copy.

  3. living among them, wusṭ-hum (classical wasaṭ-hum). This has more than a physical sense. The manūʿ (here ʿurwah), whose position was discussed in part one of the introductory essay, seem to be referred to in Dhū Ḥusayn as qabāʼil al‑wasaṭ, with the meaning perhaps of being in the tribeʼs care. Note also the spelling of wusṭ with a ṣād in the photocopy; in Aḥmad Fāḍilʼs copy it is written with a sīn.

  4. intervenes..., iʿtaraḍa ʿalay-h, cf. lā dhī la-h muʿtariḍ in section 12, above. For a discussion see part three of the introductory essay. No-one can rightly stand between the culprit and the guarantors who want from him amends or vengeance.

  5. The name Dumaynah is missing from Aḥmad Fāḍilʼs copy and it does seem unlikely here (no other fifths are named). Obviously, all readings of the personal names should be treated as provisional.

40SECTION 15 (addition of 1275 hijrī)
Dhū Muḥammad came to the market-rules and arrived [at an agreement] that these make secure the
ḥaram of the market for those involved in an offence (muḥram or muḥrim) and for those not involved.1 They [i.e. the rules] exclude no-one.2 The muḥrim/muḥram is whoever offers insult (muʿayyib) and whoever has suffered a disgrace (mushawwaf),3 the killer [or his people] or the [people of] one killed. Whoever has the smallest demand or the greatest demand, they [i.e. the guarantors] shall set it right. The market is for the one who commits a disgrace/insult and for the one insulted, or disgraced, or shamed.4 It is safe/secure for whoever enters the boundary of its ḥaram on a Monday.

  1. The obvious reading seems at first to be muḥarram; so, “protected or not protected”, perhaps referring to the ḥaram itself on market-day or otherwise. But this fits poorly with the phrase, a few words later, al‑m‑ḥ‑r‑m huwa l-muʿayyib. The majority reading is muḥrim or muḥram, with the meaning of (perhaps even as a miscopy of) mujrim or mujram, someone offending or offended against.
    Parallels with early Islamic sources might suggest
    muḥrim as a guarantor or upholder of the market-peace (here perhaps the people of the pact as opposed to members of other tribes), but no-one at Baraṭ has been attracted to this interpretation.

  2. exclude, akhrajat. As with muʼminah (“make secure”, pr. roughly mūminah), in the line above, it is the code or rules that serve as the subject grammatically, not the persons or place.

  3. The reading of muʿayyib and mushawwaf here as respectively an active and a passive participle is by comparison with the two following, qātil and maqtūl.

  4. muʿayyab, mushawwaf, muʿawwar: As explained in the introductory essay (part three), these terms can be given discrete technical meanings but here they seem to be synonyms piled up on each other to stress a point: however badly wronged you may be, you are safe in the market at al‑ʿInān on market-day.

41SECTION 16
As for outside the
ḥaram [and as concerns affairs specifically] among Dhū Muḥammad, the people of the month are in no way responsible.1 As for the foreigner (mukhrajī), do what is mentioned in the market[-rules], and what is mentioned is on the honour of the people of the month [or “should be referred to them”], who have [behind them] Dhū Muḥammad,2 according to the rules and guaranty of the market. In the presence of those who bore witness: ʿAbdullāh b. Ḥusayn Thawābah, Aḥmad b. Ḥasan Juzaylān, Muḥammad b. Qāyid Shamlān, Muḥammad b. Rājiḥ Aḥmar al‑Shaʿr, Ḥasan b. Muḥammad ʿAwfān, ʿAbdullāh b. Aḥmad Qamshaʿ, Ḥusayn ʿAbdullāh Mahfal, Yaḥyā b. Ḥasan ʿAbashah, ʿAlī ʿAbdullāh al‑Baḥr, Muḥammad b. Ṣāliḥ Abū Raʼs, ʿAbdullāh b. ʿAlī Abū ʿUrūq, Muḥammad b. Ḥasan ʿUmayr, and Murshid b. ʿAlī Ḥarmal, on this date when the addition was made, the month of al‑Qaʿdah in the year 1275.

  1. Compare section 8, above. Outside the ḥaram disputes among members of Dhū Muḥammad, even if they concern people going to market, devolve on the whole tribe.

  2. on the honour of/should be referred to, ilā wajīh. The use of ilā rather than suggests that responsibility is handed to the guarantors by whoever first encounters the problem. Note again, as in section 7, above, the plural form wajīh and the seeming singular mawlā, although the latter plainly means a set of people.
    have [behind them]...,
    wa-dhū muḥammad la-h. This is said to mean that he (i.e. the one responsible for the ḥaram that month, given here as a plural) has Dhū Muḥammad at his disposal or has them to call upon if need be.

42SECTION 17
After which, they said: The guarantors from Āl Aḥmad b. Kawl are Ḥasan b. Muḥammad Huwaydah, Muḥammad b. Aḥmad Abū Raʼs, Nāṣir al‑Rizayqī, Nāṣir b. Ṣāliḥ Abū ʿUrūq, Muḥammad b. Ṣāliḥ b. Nāṣir and Manṣūr b. Hādī Ḥusayn. [These are] for Āl Aḥmad b. Kawl [signing for] whoever was present or not present. Each of them represented and stood surety for his fellow.
1

43And the neighbour guarantors from Āl Dumaynah [are] Ḥasan b. Muḥammad b. Dāwud, Aḥmad b. ʿAlī b. Mahdī, and Ṣāliḥ b. Dāwud together for Āl Dumaynah. From Dhū Faraj, ʿAlī b. ʿAbdullāh b. Hudaysh, and Qāsim b. Aḥmad b. ʿĀṭif ­­–these from Ahl Khamīs– together [or “accordingly”]2 as each of them represented his fellow and stood surety for whoever was present or not present.

44And the neighbour guarantors from Āl Ṣalāḥ b. Kawl [are] ʿAlī b. Muṣfir, Mahdī b. ʿAlī b. Mutʿab, Nāṣir al‑Qawr, Aḥmad b. Milqāṭ, Muṣfir b. ʿAjlān, and Nāṣir b. Mubārak, These are the guarantors for Āl Ṣalāḥ together [or “accordingly”] as each represented his fellow and stood surety for whoever was present or not present.

45And the guarantors from Dhū Zayd [are] ʿUmayr b. ʿAlī Ṭashshān, Ḥasan b. Aḥmad Ṭashshān, and Rafīq b. ʿAbdullāh. Those mentioned are together [responsible] for Dhū Zayd. Each of them represented and stood surety for his fellow.

46And the guarantors of Dhū Mūsā are Ḥusayn b. Muḥammad and Ṣāliḥ b. Nāṣir Shīlḥ, ʿAlī b. Aḥmad and Ṣāliḥ b. Bā Salāb, Ḥusayn b. Zaʿīl, Muḥammad b. Ṣāliḥ Madshal, ʿAlī Muḥammad ʿAbd al‑Qādir, Ḥusayn b. Muḥammad Ḥablah, Ḥusayn b. Hādī al‑Shāmī, Nāṣir b. Ṣāliḥ Fahd, Ḥusayn b. Ḥasan and Muḥammad b. Sālim. These are the guarantors for Dhū Mūsā, each standing guaranty for his fellow, whether present or not knowing.3

47After this and a note by the scribe saying that he has added and subtracted nothing, but before the scribeʼs name and an official stamp, comes the note:

48The crossings out are those in the [original] text (al‑shaṭb alladhī fī bāṭin).

  1. represented and stood surety, qadama wa-kafala. The exact meaning of the first verb is unclear. Although it takes a direct object, as here, it is certainly pronounced as form I, with no tashdīd: A more common formula in documents is qaddama (form II) wajh-ah ʿan-ah wa-ʿan qabāʼil-ah, “he gives his face [i.e. commits his honour] on his own behalf and that of his tribesmen”.

  2. together, khashar, i.e. is a shared responsibility, cf. Landberg Glossaire p. 596, al‑Akwaʿ Madkhal pp. 32, 43, 48. Oddly, this meaning of the term seems unknown further south in Yemen. It is sometimes used in rural areas of shared land or run-off, as murawwas would be at Baraṭ, but khashar near Ṣanʿāʼ means usually things “mixed in” extraneously, such as chaff in a sack of wheat. At certain points in the list here it may be one should read ḥasab (“accordingly”) in place of khashar.

  3. not knowing, ghāfil, but the term in colloquial usage (see e.g. Ḥabshūsh Ruʼyah p. 84) can apparently mean simply “absent”, i.e. man lam yaḥḍur as in the lists of names preceding.

Table des illustrations

Titre Guaranty of the market, photocopy
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