Pages From
Church History
Awlaad Al-Assal (1200 AD)
by
Dr. W.A. Hanna
St. Mary & St. Abraam Coptic Orthodox Church
1843 Ross Ave.; St. Louis, MO 63146; USA
-------------------------------------------------------------------------------
Please Consider Sending a Donation to
St. Mary & St. Abraam
Coptic Orthodox Church;
1843 Ross Ave.
St. Louis, MO 63146; USA
(Church Building Fund/Essays Book)
-------------------------------------------------------------------------------
DISCLAIMER:
----------
The translation below reflects many of the cultural norms and traditions
of
the Copts at the beginning of the second millennium AD. These traditions
are
reflections of the Coptic society at that pivotal time, 500 years after
the
Islamic conquest of Egypt. Many of these customs and traditions have
been
long-forgotten, and even explicitly denounced by the Coptic Church.
Nevertheless, the preservation and study of such writings is very
beneficial
in understanding this important stage of the Copts' history, during which
the
Egyptian population was on its way to becoming predominantly Moslem.
We invite you to read and enjoy this text, but we would like to make it
clear
that these writings are not, and should not be interpreted as
representative
of the cannons or laws of the Coptic Church, and they do not portray in
any
way today's Egyptian society in general, or the today's Coptic society
in
particular.
Copt-Net Editorial Board
April 1996
------------------------------------------------------------------------------
Translator's Preface:
--------------------
When I was growing up, my mother, may her soul repose in peace, gave
me
allowance +. The plus portion was for books. After I moved to the USA
in
1969, she kept me supplied with books, mostly religion books. The Latest
book
is titled "Magmuu Al-Safawy Le-Ibn Al-Assal" (Translated: The
Safawy
Collection of the Writings of the Son of the Honey Maker)
Awlaad Al-Assal are three or four generations of a wealthy Coptic Family
that
lived in the 13th Century, during the rule of Ayoubite Family-descendants
of
Salah El-Deen Al-Ayouby. They did their writings during the times of
Pope
Yoannis VI (74 pope), Pope Kyrillos (Cyril) III (Known as Ibn-Luqluque,
75
pope), and Pope Athanasious III (75 pope). The patriarch (father) of
this
family is Youhana Al-Katib Al-Massry (John the Egyptian Writer), he
begat
Girgis (George), Girgis begat Ibrahim, Ibrahim begat Ishak (Isaac).
Ishak
begat Assad and Amgaad. Al-Safawy Ibn Al-Assal must be the last in this
family
to write and edit, this book is a collection of the writings of
his
family. They were all surnamed Ibn Al-Assal.
Awlaad Al-Assal were either independently wealthy (did not have to work)
or
highly connected, because of superior talents, to the ruling class (worked
for
the government of their time in high positions). They were lay
scientists,
writers, philosophers. They learned Arabic very well when Copts
were
transitioning from the use of Coptic to the use of Arabic by decree.
They
also were well versed in Coptic, Greek, and Aramaic (some question
their
knowledge of Aramaic).
They translated a large body of Church books into Arabic including the
Holy
Bible. They even had a hand writing method for both Arabic and Coptic
named
after them (Khaat Ibn Al-Assal).
The book I have is a Xerox copy of a 1908 reprint of an 1886 edition of
their
book "Magmuu Al-Safawy Le-Ibn Al-Assal." The 1886 edition was
prepared by the
Hegomen Philothaous Awad. The 1908 reprint was by his son Girgis
Philothaous
Awad. This book is divided into 51 Chapters, Covering: Cannons
(Laws)
attributed to the councils of the Church: Jerusalem, Nicea,
Constantinpole,
Ephesus and others attributed to Orthodox fathers and local councils up to
the
time of Pope Kyrillos III, Ibn Luqluque. It is extremely valuable for any
one
who wants to understand where Church Laws came from and how they evolved.
They
also have a commentary about the authenticity of some Laws.
The topics in this book are wide varying laws concerning: Church Building
and
Contents, Church Books, Baptism, Popes/Patriarchs, Bishops, Priests,
Deacons,
Sub-deacons, Priesthood in general, Monks, Virgins, Celibates,
Laymen,
Liturgy, Offerings, Communion, Prayer, Fasting, Alms (Giving),
Church
Property, The First Born, First Fruits, Tithing, Trusts, The Lords
Day,
Saturday, Feasts, Pilgrims, Martyrs, Confessors, Heretics, Concerning the
Sick
and the Departed, Food, Dress, Home, Profession, Engagement,
Marriage,
Relatives Marriage Allowances and Limits, Widows, Widowed, Inheritance,
Gifts,
Marriage after the first Marriage, Marriage to an un-believer, Divorce
(Very
Strict) Laws, Lending, Borrowing, Investing, Keep Sakes,
Election,
Recommendation, Joint Ownership, Anger, Rental, Mortgage, Streets, Drives,
Courts, Joint Utilities, Inheritance, Rulers, Kings, Courts, Crimes
and
Punishments, Stealing, Drinking, Witch Craft, .... etc. The last Chapter
is
dedicated to the Canons of Ibn Luqluque, since he wrote an unusually
large
number of Laws.
Awlaad AL-Assal also translated the entire Bible into Arabic from its
original
languages. Nobody seems to have a copy of that translation (it is lost)
but
some more recent translations reference it. Among their other works
are
writings on natural languages, philosophy, physical sciences, chemistry
and
biology.
Give your Kids Allowance+. Encourage them to read.
William Hanna
St. Louis, Missouri
(C)1996; Dr. William A. Hanna; St. Mary & St. Abraam Coptic Orthodox
Church
1843 Ross Ave., St. Louis, Missouri 63146; USA
------------------------------------------------------------------------------
Translator's Notes:
------------------
(1) Paragraph Numbering is as in the Arabic Original. To the best of
my
ability, I preserved the meaning. Repetition was customary in old
writings
for emphasize. Also, repetition is caused by multiple sources of same
cannon
(law).
(2) Awlaad Al-Assal, four generations of a wealthy Coptic family who lived
in
the 13th century A.D (The reign of Ayoubite family during the crusades).
They
were writers, historians scholars and religious men believed to be the
first
Copts to write in Arabic, since Coptic continued to be in use until the
middle
of the 13th century A.D. They are authors of books in Church laws,
Church
history, science, mathematics, and astronomy. They are believed to be
the
first to translate the Bible from Coptic to Arabic. Their writings
are
invaluable in describing the transition from all Coptic to partly Coptic
and
partly Arabic Church communications. The Church does not accept all
the
statements in the book being translated, but the translation is for
historic
record and information we need to understand and appreciate our most
highly
regarded Coptic (Egyptian) Orthodox Heritage. I hope you benefit from
reading
this humble work
(3) Many of the laws and practices mentioned in the writings below are
not
applicable to our society; the translation effort is to translate what
was
written without modification. The first publisher, Hegomen Philothaos Awad
has
footnotes concerning traditions/practices that were no longer valid in
the
late 1800. Let alone 100 years after his time.
------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
On Prayer
1. Prayer is Speaking to God Al-Mighty by Thanking and Praising Him
and
Acknowledging His Lordship and confessing to Him our sins and asking Him
to
give us what is acceptable to Him.
2. First condition for Prayer: Standing Up because our Lord said: "When
you
stand up for prayer..." [Matthew 6] and as David (the prophet and king)
said:
"I stand in your presence and You see me..." [Psalm 5:3].
3. Second condition for Prayer: Girdling oneself because our Lord
said:
"Girdle yourself..."
4. Third condition for prayer: Turning your face towards the East,
because
this is the direction Christ the Lord said He will appear in His
second
coming. Also because David the prophet and king said: "Praise the Lord
who
is above the heavens. His voice from the east like many waters... Also we
have
to stop looking around because this is the command of the Lord to
the
Israelites.
5. Forth condition for prayer: With the fingers, make the sign of the
cross
from above down and from left to right. Making the sign of the cross is
to
cast the devils away because Christ said: "(if) by the finger of God I
cast
out the devils..." It is from above down because He came down from
heaven. It
is also from left to right because He transferred us from the left (evil)
to
the right (righteousness). Also, we make the sign of the cross because
the
cross was the tool by which Christ completed our salvation. And remember
as
you make the sign of the cross the grace given to us by Him who was
crucified
for us.
6. Our fathers the Apostles commanded us to make the sign of the cross on
our
foreheads with a pure heart always to make the devil flee from us.
The
Apostles made this sign on us to protect us from the corruption of the
devil
as the blood of the Pascal sacrifice was a sign on the homes of the
Israelites
to protect them from death of their first born which rule on the Egyptians
but
not the Israelites (who had the sign).
7. The time for making the sign of the cross is at the beginning of
prayers
and when the name of the cross is mentioned.
8. Fifth condition for prayer: Recite the words of prayer with fear
and
trembling, while the soul is moved towards the creator. (Pray) either
in
spirit (silently) or by the tongue (audibly) in which case let the
tongue
translate (express) what the conscious (spirit) feels.
9. Sixth condition for prayer: Kneel and prostrate yourself in
prayer,
because the Lord commanded: "Kneel to the Lord your God and to Him only
give
worship..." Also the Gospel reminds us that in the night he was betrayed:
"He
knelt down and prayed..."
10. Kneeling should be by the Spirit and in Truth.
11. The time to kneel is when the name of the Lord is mentioned in
prayer
(and service) and should be either one time or three consecutive times to
be
repeated at the end of each prayer or the end of each Psalm or Praise.
12. Some (believers) make it kneeling and others make it
prostrating
themselves (leaning forward in awe and reverence) according to their
physical
ability.
13. But there are times in which we are commanded not to kneel like
the
Pentecost Season, the feasts of the Lord ("Ayaad Saideiah")
and after
receiving communion.
14. Prayer also requires raising the hands with opened palms especially
during
the times of intercessions, supplications, and requests as the Apostle
Paul
advised Timothy (I Timothy 3) Also as David the Prophet and king said:
"Raise
you hands in the evenings..." (Psalm 133).
15. Raising the eyes up high as our Lord to Whom is Glory taught us when
He
raised Lazarus from the dead. And also as David the prophet and king said:
"I
lifted my eyes up to you O Lord..." (Psalm 122)
16. Beating our chests asking the forgiveness from God for our sins
and
transgressions and the years we wasted without good fruits as the
tax
collector (publican) did when he beat on his chest saying: "forgive me
Lord, I
am a sinner." his prayer was praised more (than that of the
Pharisee).
17. Weeping for those who can (weep) they will be like David (the prophet
and
king), the prophets, the saints, and the fathers the saints.
18. Prayer includes reciting what the Bible and Cannons (Laws of the
Church)
determined to be used in prayer which includes: The Lord's Prayer,
19. The Profession of faith (Nicene Creed),
20. Praying day and night the Psalms, Praises, Glorifications, Confessing
God
the Omnipotent, and confessing our sins.
21. In the morning prayer recite psalm 62 and in the evening prayer
recite
Psalm 142.
22. The priests are to pray the praise of the three young men everyday
and
close with praising the Lady (The Theotokos) everyday.
23. On Mondays they sing Moses and Merriam his sister, On Tuesday the
second
praise, On Wednesday they use the praise of Hannah the Mother of
Samuel,
Thursday the praise of Habakkuk, On Fridays the praise of Isiah, on Saturday
the praise of Jonah, and on Sunday the say all the praise mentioned
before.
24. The fathers of the Church prepared prayers based on these and
other
praises to be followed.
25. The prayers required of all believers are seven.
(First) The Morning prayers are to be done after the washing of hands
and
before getting involved in the other activities of the day
(Second) The Third (Hour) Prayer
(Third) The Sixth (Hour) Prayer
(Fourth) The Ninth (Hour) Prayer
(Fifth) The Sunset (Evening) Prayer
(Sixth) The Sleep (Compline) Prayer
(Seventh) Midnight Prayer, after the washing of hands with water, if water
is not available at this time one blows in his hands and uses
the
dampness.
26. If one is married, they pray together. If he/she is not a believer
yet,
one prays alone.
27. Married people should not delay prayer, they do not need to bathe,
except
for the washing of hands because marriage is purified.
28. Prayers are seven because David said: "Seven times every day I
praise
you..."
29. Morning Prayer is because God gave us the light and allowed the night
to
pass away. Third Hour is commemorating the judgment against our Lord
by
Pantius Pilate. In the Sixth (Hour) He was crucified, in the Ninth (Hour)
He
surrendered the Soul, Night (Hours) to thank God for giving us rest after
the
labor of the day,. Let us thank the Lord in all theses times in which
He
endured the betrayal, judgment, cross, death, and His being brought down
from
the cross in the evening. Midnight is because the bridegroom will come in it.
Also, because David said: `I get up in the middle of the night to praise
you
...' Also, at midnight Paul and Silas were praying in the prison. Also
our
Lord prayed at midnight three time in the night of his suffering and He
said
be awake and pray so you will not enter into temptation. He also said
be
alert because you do not know what time the son of man will come...
30. Let Morning and Evening Prayers be conducted in the Church, especially
on
Sundays and Saturdays. Those who are late (not able to attend) for
sickness,
let them be. But the sick who are able to attend will benefit healing
through
the water and oil of the prayer. Those who do not attend for good reason
need
to be reminded by their acquaintances to attend every day.
31. The third (Hour) can be conducted at home. If the believer can not
pray
where he is, let him pray it in his heart.
32. The clergy are charged with certain prayers which are ordained in
the
Church: Baptism, Holy Communion, ordination of priests and Churches
(meaning
the bishops are charged with this), marriage, absolution, uncion of the
sick,
and prayers for the dead when they depart and after.
33. The praying on oil and first fruit and every prayer on everything and
let
them close the prayer with Glory be to the father and the Son and the
Holy
Spirit forever Amen.
34. But the prayer of baptism and bathing (for children) should be according
to what is in the Liturgy concerning such things.
35. Prayers which are not required (but done willingly) are the prayers of
the
ascetics and monks because they pray day and night as in the sayings and
the
teaching of the lord and as the Apostle said: `Pray always without
ceasing'
36. Early morning prayer should be performed at the crow of the cock. As
the
Apostles said wake up early and profess to the Lord.
37. Pray also before and after receiving your food. Before eating you pray
so
the Lord may bless the food. You pray after so the Lord may keep your
body
healthy to be able to perform your practical worship always. When the
priests
are present at the table, they can pray while everyone is sitting down as
the
Lord blessed the five loaves (while they were all sitting down).
38. The prayer for the travelers is like when Paul prayed when the people
of
Ephesus sent him off. Also like the prayer when Paul traveled from Ciseria
to
Akka.
39. There is also a brief prayer for the monks when they enter or exist
any
place.
40. Prayer for distress is two kinds:
(1) The person can pray for his own situation because the Apostle said:
`If
any in difficulty, let him pray' Paul, Jonah, The Three Young Men all
prayed
in their distress and were saved. Our Lord taught us to do that as he
prayed
in the night of his suffering.
(2) The prayer of others for one in difficulty is because the
Apraksees
teaches us about the prayer of the whole Church for Peter when he was
in
prison. Also, Paul said: `pray for me so I also may be saved'
41. The prayer for the forgiveness of sin as the priests pray for
the
congregation as Moses, Aaron, and Phenhaas did.
42. Also prayers for needs which are not against the law like asking
for
having offspring and asking for wisdom. Hannah prayed to have an offspring
and
was given Samuel and we know the prayer and praise of Hannah (the mother
of
Samuel). Also, as the Apostle said: `He who is lacking wisdom let him ask
with
faith and without doubt, and the Lord will give him what he asks for...'
Also
as the Lord said: `Everything you ask for in prayer with faith, you
shall
receive it.'
43. The prayer of spiritual fathers for their children is like the prayer
of
Paul for Timothy and the command of Paul to timothy to conduct such
prayers.
44. It is not lawful to conduct prayer with an excommunicated priest or
a
non-believer even if it was in a home. Everyone who participates in
such
prayer will be excommunicated.
45. Brothers, pray always for those who are unlawfully angry so they
will
depart their anger.
46. If one favored, or even stranger comes in (during the sermon), the
bishop
shall not stop the service, but let the deacon take him in and find an
honored
place for him so he can participate in a service acceptable to God.
------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Prayer Fasting
1. Fasting is to abstain from eating for a specified period as the law
commands in obedience to Him who made the law. Fasting gives us the
opportunity to examine our sins and reap our good rewards.
2. The purpose of fasting is to weaken the power of desire in order for
the
body to obey the spirit.
3. All Nazarene (Nassara meaning Christians) are required to fast the
holy
forty days (lent) which is followed by Paschal Week fast ending in Friday
of
Crucifixion (Good Friday). This fast is to be abstention to the end of
the
day (sunset around 6 PM). One should neither eat meat of any kind, nor
meat
by-products. Also all Christians are to fast on Wednesdays and Fridays of
every week except in the Pentecost season, and the feasts of Christmas
and
Epiphany if any happens to be on either day. These two days are to be
fast
until the ninth hour (3 PM).
4. There is other fasts in the Coptic Church ("Bayaa Keptiaa")
includes
Hercules Week (The Week before lent), Nenevah 3-days fast, and the day
before
Christmas ("paramoon al-milaad") and the day before Epiphany
("paramoon al-ghotaas").
5. Other fasts are in the rank of Wednesday and Friday fast like the fast
before Christmas which begins the second half of Hathor and ends on
Christmas; and the fast for the Apostles which starts after Pentecost and
ends on the 5th of Apeep, the feast of Peter and Paul.
6. These added fasts were practiced by our people with many of our
Patriarchs, and they are beyond what the Councils of the Church ordained,
so
we have to keep them without reduction.
7. There is other fasts kept mostly by ascetics and virgins like the fast
for
our Lady (The Theotokos) which begins on First of and the feast of our
Lady
is when it ends. (please note the big shift, the fast of St. Mary is now
observed by more people than any other fast including non-Christians in
Egypt).
8. The above group of fasts are to the ninth hour (3 PM) and one should
abstain from meat with the exception of fish (permitted to eat seafood in
the
group in 5 .. 7).
9. If one can fast more than what is ordained, he will receive his
reward.
10. No abstention on Sundays or Saturdays.
11. Fasting is giving of the needs of the body, as giving is a sacrifice
of
the material wealth.
12. The commandment concerning fasting is to make the physical nature
(desire) under the control of the spiritual one. Also, through fasting we
control the power of the anger of the mind.
13. One of the benefits of fasting is to become like the Spiritual
beings,
this allows us to connect with the spiritual.
14. Also, when we feel hunger, we become kind to those who hunger.
15. Also, by fasting we receive communion with a great desire both
physically
and spiritually.
16. Fasting is worshipping through the physical nature ("Hayouaniah")
as
prayer is worship through the intellect (mind).
17. Let the Forty Day fast be honored among you, and start it on Monday
the
first day of lent, and end it on the Friday of the Completion of fast
("Khettam Al-Soom").
18. (About the Pascal week), we fast all six days including Friday for
the
betrayal and Saturday for the Salvation (death and burial). We end the
fast
on the seventh day (Sunday) at the Crow of the Cock. The Saturday of the
Pascal Week is the only Saturday we abstain. But all other Saturdays are
without abstaining because Saturday signifies the day on which the Lord
rested. But this Saturday and the early part of Sunday (resurrection) is
because the Lord was buried. (remember that according to Jewish
tradition,
the day was counted evening to evening, for this he calls the hours on
Saturday of light after sunset Sunday).
19. During these 6 days (Pascal Week), you eat only bread and salt with
water. No meat or wine be consumed in these six days, because they are
days
of sorrow. But for Friday and Saturday, those who can, fast them together
as
one day. But if you can not fast the two days, be sure to fast the
Saturday
because the bridegroom is taken, and when he is taken they fast weep.
Fast
these days to the night as we did (meaning the Apostles) when He was
taken
away from us.
20. (Confusing Arabic prose) meaning that after you fast fifty days
(lent)
fast another week meaning Pascal week then no fasting for fifty days (meaning
Pentecost Season) including no fast on Wednesdays and Fridays during
Pentecost, with a reminder not to forget the Wednesdays and Fridays fast
afterward.
Also a reminder to combine fasting with giving to the poor.
21. If Wednesday or Friday is a feast, you go for prayer (liturgical) and
communion and communion breaks the fast, so no abstaining.
22. If one was sick during the Pascal week and did not fast, let him fast
for
a substitution week afterwards, but not during the Pentecost season.
23. A priest (clergy) who does not fast the lent and Wednesday and
Friday
should be excommunicated ("Youktaa") and the lay person who does
likewise
should be separated ("Youasaal")
24. A priest (clergy) who celebrates the Paschal Week with the Jews should
be
excommunicated ("Yoktaa") and if he fasts Saturday or Sunday, except
for the
Great Saturday of the Paschal week should be excommunicated
("Yoktaa") also.
25. During the forty days (lent) they should not celebrate the martyrs on
week days, but to do those remembrance only on Saturdays and Sundays.
26. During the forty days (lent) there should be no wedding, no
celebration,
and no sitting to drink (parties or social gatherings).
27. No priest (clergy) is to drink wine or bathe (these restrictions
existed,
the meaning is to be involved more in spirituality) during the forty days
(lent).
28. No one is to touch his wife (sexual relations) during fasting days.
29. If a day of fasting is the feast of a martyr and if a bishop or a
priest
breaks the fast because of the feast, he shall be excommunicated
("Youktaa")
because he became a stumbling block for many souls.
30. Also if the people break the fast for the feast of a martyr, let the
bishop or the priest separate them, because it is not proper to break the
fast when the martyrs died through hunger, thirst, or by burning in fire.
31. But on the day of Christmas and the day of Epiphany, the Council at
Nicea
ordained that they break the fast at night.
32. During the forty days (lent) they fast until sunset, meaning the
eleventh
hour (5 PM), but in Paschal week till the stars are bright (the dark of
the
night) and no one is to put on makeup and women should not wear their
jewelry
during these days. And no one is to touch (have sexual relation) with his
wife. Woe to them that do that particularly during the Paschal Week.
33. If we do our pleasure during the forty days (lent), how can we enjoy
seeing His resurrection.
34. Fasting is not the abstaining from food and water, but a fast
acceptable
to God is a pure heart. If the body goes hungry, but the soul is occupied
with evil desire and the heart is defiled with high living, fasting
benefits
you nothing.
35. Fasting the forty days (lent) is to be with humility and avoiding the
lusts of the body. It is unlawful to have weddings. And in Paschal week it
is
unlawful to have baptism or funeral prayers. On Paschal Thursday, it is
unlawful to have ordination or baptism, but to stay in the Church
("Bayaa")
the whole week.
36. On Palm Sunday is when they do he funeral prayers, Psalm, Gospel
reading,
and absolution (in advance) for the souls of those who depart during the
Paschal Week. On Thursday of Paschal week no kiss or prayer for the
departed
("tarheem") or go in peace. They do them all on Saturday:
Tarheem,
absolution, and raising of incense. On (Easter) Sunday no funeral or
weeping.
------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
On Giving
1. Giving is a form of mercy. It is one's generosity with his wealth
towards
those who are in need. It is not for seeking a reward but as an obedience
to
God who said: "Sell your posessions and give alms, and gather for
yourselves
treasures in heaven that does not rust or fade away." Also His saying:
"If
thou wilt be perfect go sell all you have and give it to the poor, and
thou
shalt have treasure in heaven ..." (Matt 19:21).
2. By giving, one becomes like his creator to the level of his
ability,
because mercy (giving) and generosity are some of the qualities of
God,
because the Lord said: "Be merciful, as your heavenly Father is
merciful"
3. Giving is lending unto God. It is also a Godly business guranteed
to
produce profit. It is a deposit by the wise with his God until a time
of
need. It is the offerings raised on the live (human) altars. Allah (God)
says:
"I desire mercy, not sacrifice".
4. Giving makes fasting acceptable (to God) as the prophet (Isiah 85:7)
said.
5. Giving makes prayer acceptable as it was said to Cornellious (Acts
10:1-8).
6. Without it, celibacy will benefit nothing as it was said to the
five
foolish virgins.
7. The commandments and examples concerning giving are very many in the
Holy
Books. As in the Lord's saying: "If one asks you, give him" and
His saying:
"Blessed are those who have mercy, because they shall receive
likewise" and
His saying to those who have mercy: "Come you blessed of my Father inherit
the
kingdom prepared before the foundation of the world." (Matt 25:34)
8. Giving (Mercy) has to be considered from different view points, because
it
requires both rich and poor to give, each according to his ability.
9. The reward (of giving) is according to the intention of the heart, and
not
according to the amount large or small.
10. As for the rich; He said: "he who has more, is required to give
more".
Also His saying: "he who loves more, is forgiven more". Also His
saying: "give
and it shall be given unto you, good measure, pressed down, and
shaken
together, and runing over, shall they place in your bossom. For with the
same
measure you give, tit shall be measured back to you again." (LK
6:38)
11. Paul the Apostle follows (the sayings of Christ) by saying: "he
which
swoeth sparingly shall reap sparingly, and he which swoeth bountifully,
shall
also reap bountifully." (II COR 9:6,7)
12. Also he said to (his disciple) Timothy: "Advice the rich of this
world to
not be buffed up and to trust not in uncertain riches, but in the living
God,
who gives us richly all things to enjoy. .. Laying up foundation against
the
times to come that they may lay hold on eternal life" (I TIM
6:17-19)
13. As for the poor, God (Highly Is His Name) said about the woman who
gave
two pences that she gave more than all of those who gave alms on that
day,
because she gave willingly, she gave everything she had, she gave out of
need
but the other gave out of excess. See LK 31:1 ...)
14. He also said: "Anyone who offers you a glass of cold water in the name
of
Christ, Truly I say to you his reward is preserved in heaven" (Mark
9:40)
15. Also the Lord said on the tongue (mouth) of Isiah: "Divide your
bread
between you and the hungry" (Is 58:7)
16. The Apostles told us in Descolia (Cannons of the Apostles): "Give to
the
Lord from your money which He gave you, as you can afford, and what you
can
afford put in the offering plate even a pence or two or three or more.
And
share your money, particularly, with the strangers."
17. But the bread which is taken (given away freely) from the widows is
pure
alms, and even if it was little (because of their poverty) it is
acceptable
(to God).
18. Those who have nothing (to give), llet them fast (not eat), and give
have
the price of the food Ithey did not eat) to the Saints (meaning Church
or
Poor).
19. Giving is two types: openly and secretely. Secretly to the poor,
hungry,
naked, stranger, sick, prisoner, and those under arrest (like war
prisoners).
The secret giving is better because He (Christ) said give in secret and
your
father who sees in secret will reward you openly (Matt 5:6). Also, His
sayings
concerning those who are on His right hand (Matt 25:34-40).
20. Paul the Apostle said in Hebrews: "Don't foget the love for strangers,
by
which some hosted angels without knowing, and also remeber those in chains
as
if you are imprisoned with them. See Hebrews 13.
21. Openly, is what we do when we come to the priests (clergy) and offer
our
tiths (1/10th), First Fruits ("Bekoor"), and promises
("Nezoor"). Becaue the
Apostles in Descolia said: "tiths, first friuits, and promises which
the
believers bring into the Church shall be distributed to the men of
God
(servants) but those which are specifically brought for the poor shall
be
distributed, as good agents, to the orphans, widows, those in hardship,
the
strangers, those in need knowing that you will give account to the Lord
about
these things. Do not waste the Lord's posessions, do not eat it or waste it
away, but guard for yourselves and for those who are in need, so you can
be
straight in front of God."
22. Listen to what was said early on, and let us repeat it for your
benefit:
"tiths , first fruits, and promises was made first to the High Priest,
Christ,
and those who serve him."
23. Also, tiths, first fruits,and promises which you are required to
offer,
bring it to him (the priest) and he will distribute it to everyone
according
to need so no one will receive two portions in one day or one week
while
another receives none at all.
23. Also, your grain, the works of your hands, bring (to the priest) so he
may
bless it for you, and give him your tiths, first fruits, and promises,
and
gifts which are the first grain, first fruit, first wine, first oil,
first
wool, and the first of everything God give you, because he is a priest of
God
so your offerings are acceptable unto God and your insence becomes
good
("tayeeb") to the Lord your God. And He (the Lord) shall bless all
the works
of your hands and increase the bread of the earth because blessings will
fall
upon those who give. [Number 23. is repeated twice?]
24. Giving to some groups has priority over giving to other groups,
although
giving to all the needy is acceptable, as follows:
25. Highest priority in giving is to the (families of) the martyrs, then
to
the priests (full time clergy), then to the (needy) relative who
are
believers, then to the (needy) relatives who are non-believers, then to needy
believers, then to any other in need even they were non-believers. If
there
was a widow who is not in need, let her not ask for alms, but she should
be
satisfied with what she has. But, if there was a widow in need because
of
physical handicap, or sickness, or raising of children these deserve
giving
more.
26. If one pays to support the poor, out of pure hearted motive, is
considered
a perfect man. That who support the martyrs (families) are even more so.
27. If a believer has widows (in his family), it is his duty to support
them
with his giving; otherwise they become a burden for the Church, which
is
served better if it supports the true widows (ones without any support).
28. Concerning priests, those with good repute ("Youhssenoun
Al-Seerah")
deserve more honor, especially those who work hard at teaching and
preaching.
(out of place maybe!)
29. If a believer does not care for his relatives, especially the ones who
are
believers, he is worse than the non-believers.
30. Now as long as we are in this world, lets do good to everyone,
especially,
those who are in the faith (Gal 6:10).
31. The reason giving should not be done discriminating between believers
and
non-believers is because our Lord said: "Give those who ask you, and those
who
ask you, do not turn down, .. and be like your Father who makes his sun
to
rise on the evil and the good and sends his rain on the just and unjust"
(Matt
5:44,45)
32. Hurry to help the needy, even before they become Christians.
33. There are times to encourage giving more than other times, but it
is
favored any time.
34. The more liked times for giving are Sundays and Feast days. This
is
because in the Old Testament ("Torah") it was said, on your feast
do not to
come to see my face with empty hands, but bring as much as you can afford,
so
the Lord your God will bless it all for you (Exodus 23:16).
35. Also (at certain times) as the Apostle said exalting the Galatians
for
collecting (for the saints in Jerusalem) so do you likewise. He said that
they
collect (on Sundays) every time they congregated, so it will be ready when
he
(the Apostle) came to their town. (Gal 6:10).
36. And giving is desired at all times because the Lord said: "give those
who
ask you" and the Apostle said: "As long as you have
opportunity"
37. Also the Apostle said do not neglect to give as long as you have
something
to give because the day of the Lord is becoming closer.
38. Also, giving is preferred to those mentioned above, and not for
some
others because the Apostles said: if one misuses his money, or a drunker,
or
lazy, is not deserving of your giving.
39. Also, giving is preferred for those who are in need, and those who
receive
shall pray for the giver. Also, they said: those who are not in need are
not
deserving of giving and should not take, because blessed is indeed those
who
can care for themselves, so that they do not take away from the real
needy:
the orphans, the strangers, and the widows. And it is more blessed to
give
than to receive. And also, Woe to those who take when they are not in
need,
the Lord will judge them on the day of judgment. But if one accepts
giving
because of real need like aging, or sickness, or caring for large
family,
blessed are those, the Lord will honor them, because they cause
offering
("Qurbaan") to be offered to God, and this offering will ask
(intercede) at
all times for the giver. But remember the saying of the Apostle: "Those
who do
not desire to labor, do not eat"
40. Also, giving cleanses from sin and absolves from bad deeds, and saves
from
evil, and is rewarded many times over. And those who neglect to give
while
they are able to are like non-believes and doers of evil, for the Lord
said:
"give mercy and everything will be clean for you" (LK 11:41)
41. Also the Apostles talked about giving (Descolia 19), and Daniel said:
"For
this O"king listen to my advice, absolve your sins with giving, and
your
transgressions with mercy to the poor" (Dan 4:27). David the king
said:
"Blessed are those who show mercy to the poor, the Lord will save them in
the
evil day" (Psalms 41:1). And Solomon said: "Who gives silver to
the poor,
shall receive many times over. " Also, "he who stops his ears at
the cry of
the poor, he also shall cry himself, but shall not be heard" (Proverbs
21:13)
42. One who does not care for his relatives, especially those who
are
believers, committed sin and is worse than the non-believer.
43. The Gospel testifies that the Lord, on the day of judgment, will
scold
those on his left hand because they did not do good while they could and
will
say to them go away you evil doers to the fire prepared for the devil and
his
angels.
44. The parable of the rich man shows that he did not show mercy to
Lazarus.
Also the parable of the five foolish virgins.
45. Who he wants to be perfect, should sell all he has and give it to
the
poor. This is not for everyone to do.
46. The first type are the ones who desire to be perfect.
47. The second type is as the Apostle said, to live in this world with
the
least just to satisfy the needs, and the excess to help those in need?
48. Some of the rules of giving is to be not for future gain, with
gladness,
without hatred or sorrow, with love and without pride. Do not as the
bishop
for an account of it and do not examine his stewardship of giving. Do not
have
doubt but be sure that the Lord will reward you and him.
49. Our Lord said: "Do not do alms in front of other people, so they see
you,
otherwise you have no wages (reward) from your father in heaven. When you
do
alms (give) do not sound a trumpet. And do not do like the hypocrites in
the
synagogues and marketplaces, so they can be praised by people, they already
received their wages (reward)." (Matt 6:1,2)
50. Do not feel sorry if you give your brother.
51. The Apostle said , everyone according to the desire of his heart,
not
through sorrow or by force, because the Lord loves a cheerful giver (II COR
8:8).
52. Also, (the Apostle said), "If I give everything I have, and have no
love,
I benefit nothing" (I COR 13:3).
53. Do not cast away, from the door of your house, a poor man. Do not
scold
him, do not put him down, but make your utmost effort to console him and
bring
him happiness, so the Lord gives you happiness. Let him sit at your table
and
from the same cup you drink, let him drink and do not show pride.
54. Do not ask account of the bishop, and do not ask him how he manages
what
he distributes, or when, or where because the Lord gave him the authority
to
manage.
55. If you gave, ask for the forgiveness of your sins, and do not be
double
hearted about it. And know who will reward you.
56. The Apostles commanded not to accept alms from evil doers.
57. Also (Descolia 14) if we do not give alms, how can we care for widows
and
raise orphans and care for the needy of your people. For this you here from
us
that it should be that we give as was for the levites from the grain which
the
people give to you (the clergy) so you will be sufficient and will
be
sufficiency for all those in need without having to accept giving from
the
evil doers. And if you all do as such, and there is still need, it is
better
that one dies from famine than to accept giving from the enemies of
God,
because he that accepts such giving is shamed and dispised among his
friends,
for this (David) the prophet said: The Oil of the sinner does no anoint
my
head.
58. Be of experience everyone, and accept from those who follow the
straight
path.
59. If out of necessity you accept silver (money) from one you do not
desire
(accept); i.e. one who is unclean or non-believer; use it for the price
of
fire wood; so your orphans and widows do not buy food or drink with
this
money, because it is not lawful. It is just that the money of the ungodly
be
used as food for the fire, and not as food for the saints.
------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
The Laws Concerning Laymen
1. First, Christian teachings mentioned in the Gospels, Epistles of
the
Apostles, are in the forty fifth Chapter.
2. Second, What was mentioned in the Cannons (of the Church) which
includes
the introduction to the Descolia, Remember you children of God, to
do
everything which leads you to the obedience to the Lord.
3. If anyone seeks to sin, he is (acting) against the will of God and should
be considered one of the disobedient gentiles.
4. Remove from you injustice and the love for larger inheritance. Do not
add
good to the good which the Lord gave you when you were born.
5. Do not let the hair of your head grow long, do not keep it un-cut
and
groomed so it will bring loose women to you (to desire you).
6. Do Not wear fine clothes, because it brings temptation.
7. Do not wear shoes which are brightly dyed (flashy) or gold rings in
your
finger, because these are signs of fornicators.
8. Do not make your hear wetted or bridled and do not take from the hair
of
your beard which changes the figure or spoils it from it natural
(appearance)
because the commandment (of Moses) forbids such things.
9. If you rich and do not need a profession for living, do not neglect
wisdom
(meaning not to idle and instead spend your leisure time doing useful
things).
10. When you go out (of the house), associate with believers and speak
with
them the words of living.
11. You must remove the evil from among you, and forgive your
brothers
quickly. We do not say that to the rulers (meaning that the ruler might
have
to condemn and convict evil doers to keep order in society). We advise you
to
do good always, to receive from God unlimited rewards. And if through the
will
of Satan you get angry, do not the sun set on your anger. Solomon said:
"The
souls of those who remember evil shall receive death." The Lord
commanded us
to love our enemies, how then can we despise our friends.
12. If you desire to become Christian, follow the Lord"s commandments
and
absolve all the tie of evil.
13. Those who make hatred or judgment, or enmity are strangers to God,
because
He is God of Mercy. From the beginning, He called all the tribes of the
earth
to repentance through the godly, the prophets, and the righteous.
Because
those who lived before the flood had the examples of Abel, Seth, and Anoch
who
was taken (up to heaven). Those who lived at the time of the flood
were
pre-warned by Noah. Those who were in Sodom, were warned by Lot who
received
the strangers (angels). Those after the flood were taught by the example
of
Malchesadeque and the Fathers (meaning Abraham, Isaac, and Jacob) and Job.
The
Egyptians were pre-warned through Moses. The Israelites were taught
through
Moses, Joshua son of Nun, Kaleeb, and Phenhass. Those who lived before
His
(Christ) coming, were taught by John (the Baptist).his forerunner. Those
after
His coming, He (Christ) preached to them concerning Himself when He
said:
"Repent, because the kingdom of heaven is near by." Those after his
suffering
in the flesh were preached to by us, the twelve Apostles, and Paul who
became
a vessel for honor.
14. That who busy himself with food and bath (material things) day and
night
and neglects the infinite (that which is not without beginning or end,
the
Lord), how can one not say to him the gentiles are made more righteous
than
you are, as the Lord scolded Jerusalem saying that Sodom became more
righteous
than you (because you received me not).
15. What doe the Lord say to those who come to Church late. They make
the
practices of faith last thing, and their work is their God to
worship.
Instead, do as the Lord said and make the worship first and the work last.
Do
not labor for the food which vanishes, but for the food which is
life
everlasting. He also said: "This is the work of God, to believe on the
one
whom He sent"
16. It is unlawful for us, the believers, to be vulgar, or to tell
secrets,
but we must be steadfast in our search (of the holy words) because the
Lord
commanded us saying: "Do Not throw your jewels in front of the
pigs" If the
non-believers, hear our witness concerning Christ, they because of their
lack
of faith might mock us saying it is not true, but He said: "Woe to them
who
blashpheme against His holy name"
17. Every one who swears, he is swearing against himself.
18. We know that the widows and orphans receive what God sends their way
with
the fear of God and thanksgiving.
19. Separate yourselves from those who commit killing or adultery, so no
one
would say that Nazarenes ("Nassara" meaning Christians) joy in
acts against
the commandments, and (know) that Christ does not need us, we need Him.
He
asks of us to be comforted in the faith and doing His will.
20. We advise you our brothers, and companions in the service (of God)
to
escape from words of falsehood, bad words, drunkenness, and lust for
food.
All together, it is unlawful for you to speak idle words or do which is
not
useful. Especially on Sundays on which you should be enjoying spiritual
happiness.
21. (St.) Peter said: "Do not speak evil of others, Do Not do evil, Do
not be
double hearted, or speak from both sides of the mouth. And do not
desire
higher positions. And do not give an evil advise"
22. Andrews said: " Do not envy, do not be stubborn, do not desire to
fight,
and do not be easily brought to anger, because anger can lead to
killing."
23. Philip said: " Do not lust, because lust leads to fornication. And if
the
devil of anger connects with the devil of lust, this (combination) leads
to
destruction of those who follow them. The place of the evil spirit is the
sin
of the soul, and if he (the devil) finds a small place to enter, he
enlarges
it and brings with him all the evil spirits and enter into this soul. He
will
not let this person rise again to see righteousness.
23. James said: "My son, do not speak about the signs (of the times), do
not
offer incense (to idols), do not follow the hours or stars (horoscopes),
and
do not desire to do so, because these are signs of idol worship"
24. Nathaniel said: "My son, do not be a liar, or lover of gold
(money), or
lover of false pride, because all these things lead to stealing. Also, do
not
be a grumbler, because grumbling leads to blasphemy. Do not be buffed up,
but
make your fellowship with the righteous and the humble and every thing
that
befalls you, accept with thanksgiving"
25. Receive the communion from the hands of the bishop, but the breaking
of
bread afterwards is blessing ("luqmaat Barakka") and not
offering
("qurbaan"). If the bishop is not present, accept communion from
the priest.
If not present from deacon (The Church does not allow deacons to
celebrate
Eucharist, an arch-deacon may help with giving communion, but even this
is
rare today). The layman shall not give communion. (There must have been
times
when highly regarded deacon, gave communion because of shortage of
priests)
26. Eat and drink (body and blood) orderly, do not drink until you get
drunk
(meaning only a small amount only when you receive communion) so people
will
not mock you.
27. It is not proper for a Christian ("Nussrany") to sing or
clap when
attending a wedding, but to eat in order as befit the saints.
28. It is unlawful for believers to drink in the houses of evil repute,
or
those of the ungodly, because these are drinking outside (not obeying
the
commandments).
29. My beloved, do not act with carelessness, do not roam around
aimlessly.
Do not desire silver or gold, but desire sufficiency of food and close
within
limits.
30. The laymen may engage in business, if he could not labor or farm
(they
considered working with ones hands to be more honored than business which
is
considered manipulation rather than labor).
31. Give all people more honor than yourself, make peace with everyone and
do
not desire enmity. Do not hit anyone, except the little ones (children)
for
teaching and punishment (necessary). And this you do sparingly and
carefully,
lest you cause big harm, because (if you are not careful) you might
cause
death.
32. We must be awake always, Do not close your eyes, because we might
sleep,
the sleep of carelessness. Do not be comfortable in being baptized
and
receiving the Eucharist, and do not say I am Christian ("Nussrany")
while you
love material things and do not follow the commandments of Christ. This
is
like one who entered the bath full of dirt, and exited without rubbing, so
his
dirt was poured on him once more. These are mocked even by Satan,
because
their mouth said we cast you away Satan, but they hurried back to him
quickly
by their bad deeds. Those who call themselves Christian and are not
dressed
with (good) deeds, they are called by the Lord and by people,
Satanic.
Because they did not desert the acts of evil but affixed themselves to it,
he
(Satan) gets their names here (rules them on earth) and in the other place
(in
the thereafter), if they die in heir sinful ways. Because the Christian
must
be like Christ in everything. Not desirous of what leads to destruction.
Not
distributing his inheritance to what is not leading to salvation. Not
doing
what is not right. Not short on mercy. Not lover of women, but to marry
one
woman only, raising his children in the fear of God. Not escaping
from
tribulations, reading and contemplating what he hears. Paying what he owes
and
no be lazy. Not neglecting of his slaves (servants), but treating them
like
his own children. Not difficult in dealing or negotiating. Not neglecting
of
offerings ("Qurabeen"), first fruits ("Nezoor"). If a
Christian person is
affixed to all these (good) things , this is the one who is like Christ,
and
he will be on His (Christ"s) right hand praising with the angels and
will
receive from Him the crown of eternal life.
33. Do not love silver (money), the love of money is the source of all
evil.
Let us desire sufficiency in food and cloths, because it is written for us
put
your burdens on him and He will care for you.
34. Be deserving of hurrying up to the Church with a full desire (for being
in
the Church) without hypocrisy and do not neglect the works of your hands
so
you and the poor of your people will have sufficiency.
Duties of Parents Towards Children and Children Towards Parents
35. Parents: teach your children by the Lord and raise them in politeness and
the knowledge of Christ. Teach them trades appropriate for the words
(meaning
worthy trades or hard work), lest they desire idling. If you neglect
in
admonishing them when need be, they will grow to be cruel and not capable
of
doing good. For this reason, do not be afraid to teach and admonish
them
because this will not kill them but gives them life. Because Solomon said:
"He
that spares his rod hates his son, but he that loves him chastenth
him"
(Proverbs 13:24)
36. Teach your children the fear of the lord and crown them with
(necessary)
spanking, they will obey you from childhood.
37. Teach them all the Holy Books of God, and do not relent, lest
they
disobey.
38. Do not let them go with peers to public drinking places, because
this
would lead them to evil doing.
39. If they commit wrong with the approval of their parents both parents
and
children shall be punished. For this chasten them.
40. At the proper time for marriage, find for them the good spouses.
41. It is not required of children to give gifts to parents, but for
parents
to give good gifts to their children.
42. Children obey your parents in the Lord, because it is good to do so.
This
also is the first commandment: Honor your father and mother so your days
on
earth shall be longer. Parents do not provoke your children to anger but
raise
them in the nurture and admonition (teachings) of our Lord.
43. Children obey your parents because this is seen as good by the
Lord.
Parents do not get upset unnecessarily with your children, because this
can
cause them grief.
44. Teach your children the prayers of the hours with all purity.
45. Honor your parents in the flesh because they brought you to the world.
Husbands and Wives
46. Paul the Apostle said in his epistle to the Ephesians: "Wives,
submit
yourselves unto your own husbands, as unto the Lord. For the husband is
the
head of the wife, even as Christ is the head of the church: and he is
the
saviour of the body. Therefore as the church is subject unto Christ, so
let
the wives be to their own husbands in every thing. Husbands, love your
wives,
even as Christ also loved the church, and gave himself for it; "
(Ephesians
5:23-26)
47. (St.) Peter said: "Likewise, ye wives, be in subjection to your
own
husbands; that, if any obey not the word, they also may without the word
be
won by the conversation of the wives; While they behold your
chaste
conversation coupled with fear. Whose adorning let it not be that
outward
adorning of plaiting the hair, and of wearing of gold, or of putting on
of
apparel; But let it be the hidden man of the heart, in that which is
not
corruptible, even the ornament of a meek and quiet spirit, which is in
the
sight of God of great price. For after this manner in the old time the
holy
women also, who trusted in God, adorned themselves, being in subjection
unto
their own husbands: Even as Sara obeyed Abraham, calling him lord: whose
daughters ye are, as long as ye do well, and are not afraid with
any
amazement." (I peter 3:1-6)
48. And to the men, live with your wives fully minded that they are
weaker
vessels and honor them because they inherit with you eternal life.
49. Listen all ye servants, sons of God, every male person should bare
his
wife, and do not be buffed up or two faced towards her, but be kind
and
straight forward. Be fast at pleasing her, and do not desire another
woman,
otherwise you are forcing her to do likewise.
50. Woman, fear your husband, be mindful of him, please him only
after
pleasing God. Give him comfort and serve his needs.
51. A wise woman shall do every good thing for her husband. She shall care
for
all the affairs of her servants, and her hands serve all that is good.
Her
fingers are on the weaving machine. She gives to the poor, and she sews
cloth
for her husband and herself. (See Proverbs 21:10-)
52. If you walk in the way, cover your head with your robe, and with
your
purity. This will save you from the staring of evil people. Do Not put make
up
on your face, because no part of you needs it. Let your face always look
down,
and you are covered all around.
53. A free woman shall not let her hair down in the Church. She shall
not
leave her Children with baby sitters, she shall not cease the service of
her
household, and she shall not talk back to her husband.
About Slaves/Servants
54. Paul said in his epistle to Colossians: "Servants, obey in all things
your
masters according to the flesh; not with eyeservice, as menpleasers; but
in
singleness of heart, fearing God: And whatsoever ye do, do it heartily, as
to
the Lord, and not unto men; Knowing that of the Lord ye shall receive
the
reward of the inheritance: for ye serve the Lord Christ. But he that
doeth
wrong shall receive for the wrong which he hath done: and there is no
respect
of persons." (Colossians 3:22-)
55. Masters be fair to your servants and treat all of them the same.
56. Forgive your servants their sins against you, so the Lord will forgive
you
your sins, and He does not take by the face (has no respect of person).
57. The Christian does not put his slaves (servants) down, but treats them
like his own children.
58. He should give them rest on Sundays and Holidays.
Concerning Satanic Acts
59. Those who practice witchcraft, horoscope, soothsayers, and
interpretation
of dreams, interpreters of needs, operators of houses of entertainment,
shall
all be separated.
60. Those who follow the teachings of Pharisees ("Hounaffaa") or
teachings of
the Jews shall be warned first then they shall be separated.
61. Those who are false priests, meet with doers of magic, or devil priests
or
servants shall be separated .
62. Those who tie or loosen or do call on spirits ("mandaal")
shall be
separated.
63. Those who follow maggots, or contemplate the phase of the sun or the
moon
to do certain things, and those who tie robes, or dance, or chant for
casting
the devil shall also be separated.
------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD) On First Fruits
Tithes, Promises (Pledges), and Trusts
Chapter 18
1. The Lord said in the Torah: Give Tithes, Give Tithes from the fruits of
all
your grain and plants and everything your land produces
2. In the Gospel He said: Give to God what is Gods Also when He wooed
the
Pharisees, He said: You do not follow the simple things of showing mercy
and
having faith He said you should have done this and not neglect the
others.
3. For those who are full time servants in the Church to receive all
their
needs from the Church if they are priests or deacons as mentioned in the
book
of Levites concerning priests. The Lord told Aaron: You and your children
and
your children children have been given the offerings which are offered to
the
Lord for your labors and you shall keep the offerings which the
Israelites
shall offer unto me. And later on in the same book it said, all the
first
fruits of oil, wine, and grain is for you (the priests). Also, every
forbidden
and every first born of people and animals is yours.
4. The first fruits of the land and your press, oil, honey, milk, wool,
and
the first wages of your labors, you shall take to the priest or bishop
(when
present), and he shall pray a thanksgiving prayer for you outside the altar
in
your presence.
5. Promises in the law are covenant between man and his creator, by which
one
completes a virtue for himself or his offspring or to obtain a need from
God
the Al-mighty, which one determines in his mind or loudly in private or
in
front of a witness to satisfy the promise when one receives what he
asked
for. A promise can also be made through the intercession of a saint or
martyr
or directly to God. Promises could be monetary or material.
6. What one promises of himself is fasting, prayer, celibacy, monastic
living,
or abstaining from bad habits for the salvation of the soul or to receive
a
perceived benefit on earth or a real benefit in heaven.
7. Promising an offspring (son or daughter) to the Lord is a good thing,
but
if one changes his mind let him pay 50 Shekels of Silver for a promised
male
age 20 to 60. And for a female two thirds this amount. If the age of
the
promised is 5 to 20 years, then he has to pay 20 Shekels of Silver, if it was
female, let him pay 10 Shekels of Silver. If the promised age is 5 year to
1
month, let him pay 5 Shekels of Silver, and for a female let him pay 3
Shekels
of Silver.
8. If one promises and can not pay what he promised, let him come to
the
priest or bishop and the priest or bishop will determine what he can afford
to
pay according to his situation.
9. If one promised a sheep or any other animal and wants to pay money in
its
place, let him come to the priest and the priest will determine a fair
amount
to be paid instead. Let the priest be fair in the fear of God without
favoring
the Church over the worshipers and also let him not be lenient either. Let
all
measures be proper weight (Methkaal), one Methkaal is 20 Daniques.
According
to this measure, estimate all promises.
10. Any promise you make, do it timely without delay or neglect, otherwise
you
will be committing a sin against God, because if you can not satisfy do
not
promise so you will not fall in sin. But all the promises of your mouths,
you
shall do what you promised.
11. Every man who promises or swore, or made himself owe to God let
him
fulfill his promise and let him not go back on the word of his mouth. But if
a
woman promised and she was still in her fathers house, and if her father
did
not object to the promise, he is responsible for the promise if she can
not
fulfill. If she is married the same applies to her husband in place of
her
father.
Trusts
12. There is six issues related to trusts: 1) The Trust, 2) The Items
in
Trust, 3) The Person Who Makes a Trust, 4) The Place for Which the Trust
Is
Made, 5) The One Who Manages the Trust, and 6) The Rest of the Conditions.
13) Trusts are two kinds: Gifts and Donations.
14. Trust for those who are not poor at the time of forming a trust
like
parents, relatives, or friend. This type is a gift from the giver to
the
receiver intended for good remembrance on earth and in the thereafter.
15. Trusts for the needy and poor strangers or relatives alike. Intended
to
help (benefit) those who receive them in the world and to benefit the giver
in
the thereafter. This is a blessed giving which will benefit the giver on
earth
and in heaven, because if the Apostle Paul says: `That if one sins, he
reaps
the wages of sin here and thereafter' It is logical to say that the Justice
of
Al-Mighty that the benefits of giving are here and it will follow him
(meaning
in heaven).
16. Trusts are those things which give benefit without decrease of
the
original value. It is preferred not to use money for trusts, instead
fixed
assets like real estate, farms, fields and the likes as mentioned
previously
concerning Church Trusts. There are fixed assets which are not good for
a
trust like a barren land or farm, because it produces no profit. Also
not
recommended to give for a trust slaves, or bee hives, or sheep, because
the
value thereof can change and also it can completely disappear through
theft,
escape, or the likes.
17. If one desires to use the mentioned (above), as a trust, it is better
if
it is sold and the money is used to buy what is more appropriate for a
trust
property.
18. If one has equipment or items like the above included as a trust, it
is
better to give the fixed assets as a trust, and the other assets as
a
donation, so the receiver of the trust can sell it easily if he needs to.
19. The one who initiates a trust should be capable and have reached the
legal
age and in sound body (health) and mind.
20. Those who receive the trust should be abiding by the Godly
Cannons
(Followers of the faith of God), and not be idol worshippers. And in
general
those who do not worship God, robbers, and fornicators should be excluded
from
receiving trusts. If the trust is already made to them, it should be
stopped
until it is proven that they have stopped their sinful ways, at which
time
they start to gain their benefits again. It is forbidden to create a trust
for unknowns.
21. The administrator of a trust shall be selected by the one who make
the
trust, and shall rule over it while the maker of the trust is alive and
after
his death. The maker of the trust can administer it in his life as well,
but
if he dies without appointing an administrator, the receiver of the trust
can
administer it if he is capable, also it can be administered by one
appointed
by the ruler as the ruler see fit.
22. The administrator can be the bishop as well.
23. If through witnesses it is proven that the administrator is
mismanaging
the trust, he can be replaced by one known of being honest and capable.
The
receiver of a trust can not rule it as sole administrator, also
administrators
can not rule without the receiver(s).
24. The administration of trusts (by bishops) is like what was mentioned
under
giving, if they are made administrators of the affairs (souls) of the
people
of God, are they not capable of handling trust. Also, the saying,
they
administer all that belong to the Church of God. Trust shall be
administered
by people who are honest and have the fear of God in them.
25. Ten Rules for Running a Trust. First, it shall be used only for
the
benefit of the beneficiaries until it vanishes, and none of it shall be
sold,
and if it is sold, it should be replaced. It can not be given away,
or
transferred, or used as collateral, or as ransom, or as donation. And it
also
shall be cared for carefully.
26. second, the conditions of the trust shall be followed exactly, which
is
the continued benefit of the receiver of the trust.
27. third, if a trust was made for one who was missing, the benefit goes
to
the Church only to be used for supporting the needy. if relative(s) of the
one
who made the trust are needy they are given priority over others in need.
As
for the needy, it is according to priority based on higher levels need.
28. Also, if a trust is made to one who is not qualified to receive, it
shall
return to the Church as explained above. But, it shall return to the
original
receiver if it is proven that he corrected his ways.
29. If there was an end time for the trust, it shall be administered
according
to rules above and if it stops early and starts again, shall be according
to
above rules.
30. If the receiver of a trust is in bad need, he shall receive what he
needs
even if it means that the trust will disappear!!!
31. fourth, The improvement of the trust is according to the rules set by
the
maker of the trust regardless of how the recipient feels about these
rules.
32. fifth, If the trust is deteriorating, income from the trust shall be
used
to repair it at the time of the problem or at future time.
33. sixth, if the maker of a trust is impoverished, he shall have
first
priority to receive what satisfies his needs before those to whom the
trust
was made.
34. seventh, If one makes a trust of a property which is not a sole
ownership,
he can do so. The other owners can chose to divide the property if this
is
possible to do.
35. eighth, It is unlawful to tax trusts as stated by Bassellious.
36. It is unlawful to make a trust without witnesses known to be of
good
conduct, and knowledge. Seven or five witnesses, but if that number is
not
available, trust witnesses can be three or two of the best present.
37. tenth, It is unlawful for the maker of a trust to hide parts or all of
it,
be warned of what happened to Annania and his wife Saphira as mentioned in
the
book of Acts. Also, as the Lord punished Aber Ibn Karmy when he hid the
silver
and (statues in his tent) breaking the commands of (God) by Joshua the son
of
Noon, which caused him, his family, and his animals to be destroyed.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
On Sundays, Saturdays, Lord's Feasts, and Pilgrimage
Chapter 19
1. It is not proper for Christians to take Saturday as their Holiday as
the
Jews do. They should work Saturday. ....
2. Do not keep Saturday as the Jews do.
3. Do not prostrate yourself on Sundays and the Lord's feasts because it
is
days of joy. Although it should not be done, no one should fear
Church
punishment if they do.
4. On Sundays, there should be no judgment or holding of court
or
investigation. And no one should ask another for a debt or any
unpaid
obligation on this day, but you all should go together to Church. You
all
should come to Church with purity and humility without fear of an enemy or
a
judge or the likes. And if any tax collector dares to collect from
people
going to Church, he should be made to pay penalty.
5. Meet in the Church everyday as you can, and specially on Saturdays
and
Sundays. If the gentiles do not miss a meeting and also the Jews do not miss
a
Sabbath day meeting, and they both gain none, how can you answer the Lord
when
you do not attend the Church of God.
6. Do not speak unprofitable words at all times, and especially on Sundays
in
which we rejoice spiritually in the Lord. The prophet said: `Worship the
Lord
with gladness and praise Him in fear and trembling'
7. The servants shall work five days, and they shall use Saturday, on
which
the Lord rested, and Sunday on which he rose again to serve God.
8. It was stated under fasting, that you do not fast (abstain) on
Saturdays
and Sundays, except the Saturday on which He was in tomb.
9. On all Saturdays and Sundays, except Saturday in which the Lord was
in
tomb, come together in the Church and rejoice.
10. The first Lord's feast is the annunciation on the mouth of Gabriel
the
Archangel to the queen of us all, the mother of the savior Mary. This
is
celebrated on the 29th of Baramhaat.
11. Remember to keep these feasts to the Lord: The Lord's Birth on the 25th
of
the 9th month of the Hebrew Calendar which is the 29th of the 4th month of
the
Coptic Calendar. Epiphany must be honored by you, because on this day
the
Lord's divinity was revealed when He was baptized by John (the Baptist),
this
shall be celebrated on the 6th of the 10th month of the Hebrew Calendar,
which
is the 11th of the 5th month of the Coptic Calendar.
12. Let us celebrate these feasts at night not because we dislike fasting,
but
because we honor the feast.
13. Celebrate the feast of the `Zaitouna' (Olive Branches) (meaning
Palm
Sunday), because on it the Lord entered Jerusalem.
14. It is lawful for you who were bought with the precious blood of Christ
to
celebrate the Pascha. Do it once a year and not twice, because He who
died,
died once for all of us.
15. Be careful not to celebrate your Pascha with the Jewish Pascha, since
they
celebrate 14 days after the Crescent, you celebrate 21 days after
the
Crescent.
16. Only on a Sunday shall you celebrate Resurrection and do it
after
midnight, at the cocks crow, and be together in the Church the whole
night
praying and reading the psalms, prophets, and the law. If you
baptize
unbelievers that day, read the Gospels to them in fear and trembling. Talk
to
the people what is profitable for their salvation and bring your
offerings
which the Lord commanded you to do on the hands of the Apostles saying:
`do
this in remembrance of me' Then break your fast rejoicing that Jesus
Christ
Rose from the dead and became the first to rise again. Let that be a law
for
you unto the age of ages. And in this age unto the second coming of the Lord.
17. Eight days after Resurrection is a feast, because on this day
Thomas
believed and was satisfied when the Lord showed him the places of the
nails
and the place of the spear in his side.
18. From the first day after resurrection count 40 days and celebrate
the
Ascension of the Lord which was the completion of all things He was
to
complete. He ascended to the Father who sent Him and sat on the right hand
of
the Power.
19. Ten days after Ascension, which is the 50th day after
resurrection,
celebrate the descent of the Holy Spirit (Pentecost). Let this be a
great
feast because at the third hour on that day our Lord Jesus Christ sent
the
Holy Spirit, the Barakleet and the Disciples were filled with the Holy
Spirit
and spoke with many diverse tongues as they were given utterances and
preached
the Jews and the Gentiles that Christ is the Lord.
20. After you celebrate the Pentecost, celebrate another week, because
we
should celebrate the gift of the Holy Spirit which was given to us.
21. It is a sin to fast on resurrection Sunday or during the Pentecost
Season,
because these are days of spiritual joy and we should not replace joy
with
sadness.
22. Do not do any work on Paschal Friday or the Sunday that follows
it,
resurrection because these are feasts to the lord.
23. Do not do any work on the day of ascension because it is the day on
which
the Lord's will was completed.
24. Do not do any work on the day of Pentecost, because on this day the
Holy
Spirit descended on the believers by Christ.
25. Do not do any work on the day of Christ Birth because on this date
Grace
was willed to all humans.
26. Do not do any work on the day of the feast of the bathe (epiphany)
because
on this day the divinity of Christ was manifested and the Father testified
for
Him and the Holy Spirit descended on Him like a dove and the Baptist
testified
for Him saying this is truly God and the Son of God.
27. Do not do any work on the feast of the Apostles because they became
your
teachers who taught you the knowledge of Christ and made you worthy to
receive
the communion of the Holy Spirit.
28. It came in the Chapter on giving, that you should not come to your
Lord's
feasts in the hands of the Lord empty handed.
29. About the pilgrimage to the Holy Land, "beet Allah almighty" (the
house of
the Al-mighty God). You shall visit the Holy Land if you can, to see the
Holy
sites, do it without delay. Visit the places of Christ passion where
He
suffered in the flesh and also visit the place where He rose again (the
Holy
Sepulcher) and receive the blessings of these holy places. If you can not
make
the visit, send offerings in the visit place to help maintain the holy
places
and to support those who care for it as you can. Your offerings can be
gold,
or silver, or clothes, or vessels, or appropriate books, or the likes.
Also,
the Holy Land can have a portion in your will with those others who
receive
inheritance from you. This is good and acceptable to the Lord. It will be
for
you an offering in the Holy Land acceptable to God The Father and the Son
and
the Holy Spirit.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Martyrs, Confessors, and those who Depart the Faith
Chapter 20
1. The Martyrs shall be held in high esteem with you as they were with us.
Like James the Blessed (the Great) Bishop and Stephen the Arch-deacon.
Those
are blessed by God and their virtues are unimaginable.
2. The Christian who is despised by a government for the sake of the name
of
the Lord and the orthodox faith and for the love of the Lord deserves
your
support, with exceeding effort take care of the needs of such so he may
find
the strength to continue. Also care for those whom he cared for so he does
not
have to worry about them. Because such person is a martyr, a saint, a
brother
of Christ, and a son of the most high, and a dwelling for the Holy Spirit,
and
a witness for the suffering of Christ and an heir to the form of his glory.
3. For this reason, all you believers, serve the needs of the saints with
your
possessions and your efforts. If one of you has nothing to give, let him
fast
and give half his wages to the saints, but if one is wealthy let him give
from
his wealth and his wages everyday to the saints. And if one has to give
all
what he owns to free one of those brothers, he will be blessed friend
of
Christ.
4. The martyrs are those about whom the Lord said: `If one professes me
in
front of people, I profess him in front of my Father in heaven.' If you
share
with them their sorrows, you will be professed in heaven because you cared
for
them.
5. If one who helps the martyrs is punished for it, he is blessed because
he
shared with the martyrs and became like Christ in sharing with Him
the
suffering. We also (meaning the Apostles) have suffered many tribulations
on
the hands of the (head) priests and we used to depart from their
presence
filled with joy because we became worthy to share the suffering of Christ
our
Savior. So, you also rejoice if you suffer likewise because you will
be
blessed in the day of judgment.
6. Those who are persecuted for the orthodox faith and have to escape
from
city to city for the commandments of the Lord, receive them, comfort them,
and
honor them like the martyrs. Rejoice if you share with them their
persecution
because Christ said: `Blessed are you if they persecute you for my
name
because they persecuted the prophets before you. Rejoice and be
extremely
glad. If they persecuted me, will they not persecute you!' If they dive
you
out of a city, escape to another. Also, in this world their shall be
sorrows
and they shall bring you in front of councils, kings, and leaders for my
sake
and this shall be a witness for you. Those who endure to the end shall
be
saved. Those who turn away and love themselves more than their love
for
Christ will not receive mercy, because they loved the people more than
their
love for God and are enemies of God, and in place of the eternity of
the
blessed they shall receive eternal damnation in the pit of fire. Because
for
this the Lord said: `Who denies me in front of people, I deny him in front
of
the angels of my Father.'
7. The Lord told us His disciples, if one loves son or daughter more than
his
love for me, he does not deserve me. And he who does not carry his cross
and
follow me, does not deserve me. If one loves his self, he shall despise it
And
he that despises his self for me, shall find it. What does one profit if
he
looses his self and what shall one give for ones self. He also said: ` Do
not
be afraid of those who kill the body and has no power on your souls. I
tell
whom you shall fear. Fear him who after he kills the body has power to put
the
body and soul both in he fire of eternal damnation'
8. We ought to pray lest we fall into temptation. Also if we are prepared
to
witness, let us do it with steadiness confessing the Glorified name which
is
the name of our savior.
9. Let us not be surprised if we are persecuted. Let us love not the
world,
neither the honors of the world, neither the glory of the world, neither
the
glory of the leaders of the world, and let us not be like the Jews
who
preferred the glory of this world more than the glory of the Lord.
10. Let us confess so we can be saved (relieved) and become able
to
strengthen others so that we are not cause for destruction of others
which
leads to our eternal suffering many times over (if we do not confess).
11. Let us not lead ourselves into temptation, because the Lord said'
The
Spirit is willing, but the flesh is weak.' But if we fall in temptation,
let
us not change our story (lie) for fear of short suffering. And if one
denies
the Lord Jesus Christ the Son of God, because he is afraid of suffering for
a
short while, he is setting himself up for grave sickness which has no cure
and
his suffering will be here and in the thereafter in the darkness of
the
outcasted where weeping and gnashing of teeth.
12. If one is suffering for Christ sake before receiving baptism, he
should
go without sorrow of the heart because the suffering he endures for
Christ
sake is to him pure baptism, because he dies with Christ in his suffering.
13. Let him (who is martyred) not worry about baptism because he is
baptized
by his own blood.
14. If one left the orthodox faith because of fear of the unbelievers or
by
force, and if he comes back to the faith with pure repentance and sorrow
from
the heart, and with humility and willingness to profess the orthodox
faith,
receive him. If he was previously a priest, he can again serve the
priesthood
because his denial was not by his free will. If he was a laymen, he can
be
allowed to serve in the church and if qualified to join the priesthood. But
if
one departed the faith, out of fear without being beaten or persecuted,
or
without losing possessions for the faith, this shall stay in repentance for
a
long time. Only after he is proven to repent, will he receive communion
except
if he was sick the sickness of death, but if he recovers from his sickness,
he
shall continue in his repentance.
15. Those mentioned above shall be accepted back to the fold after
long
repentance (as mentioned above) because our religion teaches kindness
and
mercy.
16. If one caused others as well to depart the faith, his repentance
period
shall be longer.
17. Everyone whose blood was shed for the (Christian) faith, shall
be
considered martyr and shall have a remembrance on the date of his
martyrdom.
18. The places where you the martyrs (remains) are kept, shall be
controlled
by the universal Church, not that the Church needs the corpses, but
because
the martyrs are the glory of the Church. Because the Holy Spirit spoke
about
one Holy, Catholic (Universal), Apostolic Church based on our fathers
the
saintly Apostles (many of them were martyrs).
19. Let us place the remains of the martyrs in the Churches and
Monasteries,
so that miracles and wonders shall take place in those places for those
who
are sick, in distress, or in bad need. Those who mock these things, God
will
convict them through the wonders and miracles and the healing of bodies
and
souls and the casting out of devils (through the intercession of the
martyrs).
20. Who through the sin of pride mocks those who come to the martyrs
feasts,
shall be anathematized.
21. It is unlawful for the believers to leave the feasts of the martyrs
of
Christ and attend celebrations for martyrs not in Christ. Remember the
saying
of the Apostle Paul: `Who shall separate us from the love of Christ?
shall
tribulation, or distress, or persecution, or famine, or nakedness, or
peril,
or sword? As it is written, For thy sake we are killed all the day long;
we
are accounted as sheep for the slaughter.' (Romans 8:35-36).
22. The Apostle Paul continues in the epistle to the Corinthians: `Are
they
ministers of Christ? (I speak as a fool) I am more; in labours more
abundant,
in stripes above measure, in prisons more frequent, in deaths oft. Of the
Jews
five times received I forty stripes save one. Thrice was I beaten with
rods,
once was I stoned, thrice I suffered shipwreck, a night and a day I have
been
in the deep; In journeyings often, in perils of waters, in perils of
robbers,
in perils by mine own countrymen, in perils by the heathen, in perils in
the
city, in perils in the wilderness, in perils in the sea, in perils among
false
brethren; In weariness and painfulness, in watchings often, in hunger
and
thirst, in fastings often, in cold and nakedness.' (II
Corinthians
11:23-27). Showing the many types of sufferings he endured for Christ's
sake
including hunger, Thirst, beatings, imprisonment, hiding, fearful
situations,
laboring, sleeplessness, nakedness, cold exposure, being thrown to the
lions,
.. etc. He at the end endured and with patience received the crown
of
martyrdom when his blood was offered (As a Roman Citizen he was beheaded)
in
the city of Rome. Also, most of the Apostles were martyred and their
stories
are in the books of the martyrs (meaning the Synxarium) and is read on
their
feasts, so we ask the Lord to give us the benefit of their intercessions so
we
can be successful in all the affairs of our lives. To Him is Glory
and
Thanksgiving unto the age of ages. Amen.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning the Sick
Chapter 21
What The Sick Ought to Do
1. The Apostle Yacoub (James) said in the Catholic Epistle: `Is any sick
among
you? let him call for the elders of the church; and let them pray over
him,
anointing him with oil in the name of the Lord: And the prayer of faith
shall
save the sick, and the Lord shall raise him up; and if he have committed
sins,
they shall be forgiven him.' (James 5:14,15).
2. The Gospel testified that when the Lord sent the Apostles two by
two,
they anointed the sick for the healing of their sickness. And the crazed
man
who troubled the disciples in the beginning of their ministry, they brought
him to the Lord (to Jesus) and He healed him and commanded the devil to
be
cast out while saying: `This kind can not be cast out except by fasting
and
prayer.'
3. The prophet David said in the psalms: `{To the chief Musician, A Psalm
of
David.} Blessed is he that considereth the poor: the LORD will deliver him
in
time of trouble. The LORD will preserve him, and keep him alive; and he
shall
be blessed upon the earth: and thou wilt not deliver him unto the will of
his
enemies. The LORD will strengthen him upon the bed of languishing: thou
wilt
make all his bed in his sickness.' (Psalms 41:1-3).
4. The Book of Kings (in the Old Testament) mentions that the one who
sent
to the Gods of Aphron to ask for healing was scolded by the Lord and
died
instantly.
What the Believers Should Do for Them
5. The Lord said: `I was sick and you visited me.'
6. He also said: `And the King shall answer and say unto them, Verily I
say
unto you, Inasmuch as ye have done it unto one of the least of these
my
brethren, ye have done it unto me. Then shall he say also unto them on
the
left hand, Depart from me, ye cursed, into everlasting fire, prepared for
the
devil and his angels:' (Matt 25:40-41).
7. The Apostles said: `The sick who are not able to come to the
Church,
visit them every day.'
8. The deacons are required to inform their bishop (and/or priest) of
all
that are sick, so he visits them.
9. The completion of these commands are mentioned in the chapter on giving.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning the Departed
Chapter 22
1. Get together without delay in the Church to read the Holy Books and to
sing
(the appropriate) songs on them who departed, the martyrs, the saints,
the
leaders, and the brethren who departed while in the faith of God.
Afterwards,
have the Communion of thanksgiving which is the holy body and honored blood
of
the King (of Glory) in the Church to say your farewell to those
who
departed. You begin (the funeral service) by walking in front of (the
casket)
him singing (the appropriate) hymns if he departed while in the faith
of
Christ. The prophet David said: `Precious in the sight of the LORD is
the
death of his saints.' (Psalm 116:15). Also he said: `Return unto thy rest,
O
my soul; for the LORD hath dealt bountifully with thee.' (Psalm 116:7).
Also
in the Gospel, He speaks about the God of the Living saints: `I am the God
of
Abraham, and the God of Isaac, and the God of Jacob? God is not the God of
the
dead, but of the living.' (Matthew 22:32) (meaning that those who departed
are
not dead but alive in the paradise).
2. Also about the bones of (the departed), those who are alive in the
Lord,
these bones are not despised or unclean. Think of how the bones (remains)
of
Elisah raised the dead who was killed by the allies of the Syrians. When
his
corpse came close to the bones of Elisah, he was raised. This was
only
possible because the body (remains) of Elisah is holy.
3. Also, Joseph the wise embraced the body of his father Jacob on the bed
of
his death. Also (the prophets) Moses and Joshua carried the
body
(bones/remains) of Joseph (out of Egypt) and did not consider it unclean
or
defiled (deed).
4. We the bishops shall touch the bodies of those who departed and do
not
consider it unclean to do so. But let us do it with purity and
wisdom
(wisely).
5. Washing (bathing) the dead is allowed but not absolutely necessary.
Remember the young woman, Tabetha. The Book of Acts mentions that they washed
her and if it was not allowed, the saints (believers) would not have done
it
because the disciples would have prevented them from doing it. Also,
the
departed could be wearing (affected by) the effects of their sickness,
for
this reason they ought to be washed before they enter (are brought) into
the
Church.
6. Also it was mentioned in laws in the Old Testament that if a woman
dies
after she gives birth, wash her body and bring her to the Church,
because
death has cleansed her.
7. If the departed was a priest (clergy) bring him in front of the
altar
(area where deacons usually stand), but if he was one of the
congregation,
bring him farther away from the altar. The highest ranking priest shall
start
the service with the prayer of thanksgiving, then the Psalms, and Gospel
from
the verses concerning the rising up of the dead and confessing
the
resurrection of the dead and the life of the coming ages. After that
the
ranking priest followed by those who are in attendance shall greet
the
departed kissing him (his casket?). Afterwards, the ranking priest shall
pour
oil on him (his casket) after that he shall be kept (buried) in a
place
suitable to his position (in the Church, meaning bishops with bishops,
priests
with other priests, etc.).
8. Pray the third day for those who departed using the Psalms and the
Prayers
of the Departed, because Christ rose on the third day. Do also a
remembrance
of the live and dead on the seventh day. Also do a remembrance after
the
completion of one month and the completion of one year, because this is
what
the Israelites did for Moses. Give to the poor from the possessions of
the
departed and if you are invited to eat, do it orderly and with the fear
of
God.
9. You ought to remember those who departed on the third, seventh,
fourteenth,
and fortieth day.
10. Also, remember them on the ninth, twelfth, fortieth day, and
the
completion of two months.
11. The customary in the Church these days (the time of Awlaad Al-Assal)
is
to have service on the day of burial, the tenth day, the completion of
one
month, six months, and one year. And many who can afford have liturgy
service
on the completion of the fortieth day and give to the poor on this day.
Those
who can do more, let them. These extras will not benefit the departed but
will
please him (his soul).
12. If a bishop depart, the "Khoury Abescopose" (assistant
bishop), priests
and deacons shall walk in front of him (his casket procession) as children
in
their father's funeral. But if one of those departs, the bishop shall walk
in
front as a father in his son's funeral. In their funeral, the readings will
be
as appropriate for a teacher and a worthy spiritual father. The
entire
congregation shall attend their funeral because they are called
spiritual
fathers to all, and it shall be made known of their departure in all
the
Churches and all the Monasteries of their region. Also, they shall
be
remembered in the Church without restriction?.
13. Do not be unfair in burial expense, pay those who dig the graves
and
those who are in custody of them. Let the bishop pay from the income of
the
Church for maintaining these places (when necessary).
14. Do not grieve for those who are departed. Those who do are the ones
who
have no hope as the Apostle Paul said (1 Tess 4:13).
15. Because the sorrow which is for the sake of God gives us repentance
from
sin, but the sorrow for the world produces death.
16. If a priest loses a family member, let him neither grieve, nor rent
his
cloth, nor cry, nor weep, nor pull his hair, but be extremely thankful to
God
and have patience like the patience of Job.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Food, Dress, Housing, and Lines of Work
Chapter 23
Concerning Food
1. About food, nothing is forbidden except those which were forbidden by
the
Apostles in the Book of Acts and their Cannons in which they said: `That
ye
abstain from meats offered to idols, and from blood, and from things
strangled, and from fornication: from which if ye keep yourselves, ye shall
do
well. Fare ye well.' (Acts 15:29). Also do not eat what lion (wild
animals)
kill, and this comes from the Old testament (Exodus 22:31). You are not to
eat
what was offered to idols, because by doing so you share with
idols
worshippers their worship and that can lead you to worshipping idols.
These
forbidden things also have bad effects on the body, the mind, and
the
soul. When it hurts the body, it hurts also the persons behavior and can
lead
to destruction. These things are not defile by nature, because they are
God's
creation, but because it can harm us, it was written for us in the Torah
that
God found everything He created to be very good. Also in the Gospel, the
Lord
said: `There is nothing from without a man, that entering into him can
defile
him: but the things which come out of him, those are they that defile
the
man.' (Mark 7:15). Saint John "Golden Mouth" Chrysostom said by
this saying,
the Lord rescinded many of the laws of the Torah.
2. This opinion is supported by what came in the Book of Acts stated by St.
Luke the Evangelist: `On the morrow, as they went on their journey, and
drew
nigh unto the city, Peter went up upon the housetop to pray about the
sixth
hour: And he became very hungry, and would have eaten: but while they
made
ready, he fell into a trance, And saw heaven opened, and a certain
vessel
descending unto him, as it had been a great sheet knit at the four
corners,
and let down to the earth: Wherein were all manner of fourfooted beasts of
the
earth, and wild beasts, and creeping things, and fowls of the air. And
there
came a voice to him, Rise, Peter; kill, and eat. But Peter said, Not so,
Lord;
for I have never eaten any thing that is common or unclean. And the
voice
spake unto him again the second time, What God hath cleansed, that call
not
thou common. This was done thrice: and the vessel was received up again
into
heaven.' (Acts 10:9 -16).
3. The learned saints John Chrysostom and others understood this to mean
two
things:
First, hidden meaning that the gentiles after they believe are not defiled
and
it is proper for the Jews to meet with them and have communion with them,
Second, Obvious meaning which is animals are clean and are to be used for
food
as long as common sense sees that they are fit for us to eat.
4. So anything other than blood, strangled, slaughtered for idols, and
wild
animals kill are legitimate for us to eat except that we also have to
abstain
from what the law forbade since it forbade it because it can harm the
body
and/or the soul.
5. The above is two categories,
First, Things that are not fit to eat which includes not only animals
but
plants as well which can be poisonous. Examples are animals which do not
spilt
toe nail and animals which have hooks or trunks because these could
be
poisonous or feed on poisonous things. Also plants that can poison or harm
the
body and/or mind (for example drugs). Also in this category if some were
found
to heal a sick and the same were found to harm a healthy person, it is to
be
given to the sick as medicine for healing and forbidden from the others
to
save them from harm (talking about medications which can have healing
elements
and bad side effects and how even then they recognized such things).
Second, anytime one has doubts about food or when others have doubt about
it
is not wise to eat it.
6. Add to these two reason the saying of Paul the Apostle in his Epistle
to
Romans: `Him that is weak in the faith receive ye, but not to
doubtful
disputations. For one believeth that he may eat all things: another, who
is
weak, eateth herbs. Let not him that eateth despise him that eateth not;
and
let not him which eateth not judge him that eateth: for God hath
received
him. Who art thou that judgest another man's servant? to his own master
he
standeth or falleth. Yea, he shall be holden up: for God is able to make
him
stand. One man esteemeth one day above another: another esteemeth every
day
alike. Let every man be fully persuaded in his own mind. He that regardeth
the
day, regardeth it unto the Lord; and he that regardeth not the day, to
the
Lord he doth not regard it. He that eateth, eateth to the Lord, for he
giveth
God thanks; and he that eateth not, to the Lord he eateth not, and giveth
God
thanks.' (Romans 14:1-7).
7. Also his saying in the Epistle to the Corinthians: `All things are
lawful
unto me, but all things are not expedient: all things are lawful for me, but
I
will not be brought under the power of any. Meats for the belly, and the
belly
for meats: but God shall destroy both it and them. Now the body is not
for
fornication, but for the Lord; and the Lord for the body.' (I
Corinth
6:12-13).
8. About what was sacrificed to idols, we know that idols are nothing in
this
world, and that there is no God but the One God. But the knowledge of
these
things is not given to everyone, for this reason we forbid eating
the
sacrifice to idols, so we do not become a stumbling block. For this reason
`if
meat make my brother to offend, I will eat no flesh while the world
standeth,
lest I make my brother to offend ` (I Corinthians 8:13).
9. Also he said: `Even as I please all men in all thing , not seeking
mine
own profit, but the profit of many, that they may be saved.' (I Corinth
10:33)
which also means: `All things are lawful unto me, but all things are
not
expedient: all things are lawful for me, but I will not be brought under
the
power of any.' (I Corinthians 6:12). For this reason we eat everything sold
in
the butcher shop, and when you are invited to supper eat everything they
offer
in front of you without examination so not to offend them, but if it is
said
one says this was sacrificed to idols, do not eat because of the desire
to
save the one who said it.
10. Also he said to Timothy: `Now the Spirit speaketh expressly, that in
the
latter times some shall depart from the faith, giving heed to
seducing
spirits, and doctrines of devils; Speaking lies in hypocrisy; having
their
conscience seared with a hot iron; Forbidding to marry, and commanding
to
abstain from meats, which God hath created to be received with thanksgiving
of
them which believe and know the truth. For every creature of God is good,
and
nothing to be refused, if it be received with thanksgiving: For it
is
sanctified by the word of God and prayer.' (I Timothy 4:1-5).
11. No food can defile a bishop or a priest except that he can leave it
all
for the sake of God.
12. It is proper for all Christians and in particular the priests and monks
to
not desire to have variety of foods, not desire the delicious of foods,
or
that is desirable because of soft touch or aroma or color. But
have
sufficiency in things that are useful to the body and commonly
available
according to the season and the place because the Lord said (to Martha)
`,
thou art careful and troubled about many things: But one thing is
needful:'
(Luke 10:41).
13. Paul following the saying of Christ wrote to Timothy: `And having food
and
raiment let us be therewith content.' (I Timothy 6:8). Also the Lord
warned
about over eating and drinking (Matt 24:42-51 and Luke 12; 41-48). He
also
called them blessed who hunger and thirst for the kingdom of God (Sermon
on
the Mount).
Concerning Clothing
14. It was mentioned, in many places, concerning cloths that it is
prohibited
to wear the fine and colorful of it. Also, for altar service to wear
special
white robe. Also, it is prohibited for women to wear men cloths and for
men
not to wear women cloths. It is not proper for men to wear gold rings and
for
women to wear golden jewelry nor fancy cloth. The ascetics are to wear
rough
woolen cloths or the likes. When one dresses according to the advice it
is
good.
15. One ought to dress according to the dress code of the region of
his
residence and according to the code of his vocation. For example, it is
not
proper for a priest to dress like a soldier or for a physician to dress like
a
builder, .. etc.
16. He who is a disciple (follower) of Christ shall be careful what to
wear,
because the Lord advised his disciples to be careful about what to wear
and
not to vaunt. He also praised John the Baptist because of the simplicity
of
his dress because John was not one to wear fine cloths. We ought to use
as
examples to follow the disciples, apostles, prophets, and saints. St.
John
Chrysostom said that believers should be known by what they serve at the
food
table, their dress, their speech, and the way they walk because our
faith
teaches us what is proper in all these things.
17. The wise saint Bassellious said: ` We ought to wear only what covers
our
bodies and protect us from the cold and heat. To follow this law: The
laymen
ought to wear what is commonly available, and the ascetics what is not soft.
Concerning Housing
18. As it is advised for the followers of this highly regarded faith
to
desire less food and cloth, it is also advised to do the same in selecting
a
house. It is sufficient to seek what protects from the elements for which
houses are for.
19. The Lord Jesus Christ who is the best example for us to follow had
no
house or even a place to rest his head (Matt 11:7-12). See also Matt 8:20
and
Luke 9:58. His Apostle Paul praised those who lived in caves and dens `(Of
whom the world was not worthy:) they wandered in deserts, and in
mountains,
and in dens and caves of the earth.' (Hebrews 11:38). Chrysostom said
that
the houses of the strangers and travelers should be known and you
should
prepare them as the present need necessitate.
20. The one who envisions and desires the heavenly homes will not want
to
stay in our earthly houses for very long, because the heavenly is
much
better. Those are the ones who are not affected by the width or the breadth
of
this world and will not sorrow for missing the best of this world.
Concerning Professions
21. All professions are acceptable except: Ones which are against the
laws
(God's Laws) such as magic, astrology, idols making, sorcery, reading
the
stars, places of (adult) entertainment, dancing, (prize) fighting,
and
witchcraft.
22. Paulidis said: Every maker (of castings) should know that it is
not
proper to make idols, neither statue nor flat image.
23. All the makers of manufactured things, after they are baptized, if
found
to make any of these things shall be separated (from the Church) until
they
repent
24. It is well known that the above mentioned industries are not needed
by
people, because people can certainly do without it. The appropriate
industries
for the Christians are two kinds:
First, Industries important for sustaining life, these are agriculture
and
hunting for food, tailoring for cloths, construction for building homes,
and
medicine for health maintenance and fighting diseases.
Second, support industries needed to maintain and/or extend the purposes
of
the above mentioned such as carpentry, metal works, writing, milling,
baking,
bread making, teaching, and merchandising.
25. Merchandising (trade) could be necessary for moving goods from one
region
to another. It also requires shipping and storage.
26. It is desirable for all these industries to become proficient in the
most
basic activities only. For example, it is not proper to neglect
basic
agriculture in favor of fruits hybrids or flowers over production. Also, it
is
not proper to neglect basic cloth making in favor of dying and
ornamental
cloths. Also, same applies to caring for building homes instead of caring
for
decorating and enlarging them. This was pointed out by the wise
(John)
Chrysostom in his commentary on the Gospel according to St. Matthew.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Engagement, Marriage and What Follows
Chapter 24
[This chapter was very difficult to translate. The Hegomen Philothaos
Awad,
1886, wrote a footnote as long as the entire chapter to explain differeces
in
approach to marriage laws. There are other changes in approach since then,
for
one, more equity in roles and obligations of women For example, dowry is
no
longer a condition of marriage. Cost of Furnishing the home is shared.
Women
are carrying as big a burden as men financially everywhere. If a woman can
be
found guilty of adultery, a man can be ruled guilty as well. No body have
to
drink salty (bitter) water with ashes/dirt mixed in it. The Church
advices
couples to have a sufficiently long engagement to make sure that they made
the
right choice. .. etc.]
1. Before talking about marriage, we need to mention the purpose which is
two
fold:
First, to have children to preserve the human race, and is evident in
the
Lord's saying to the first grandparents (Adam and Eve): `So God created man
in
his own image, in the image of God created he him; male and female created
he
them. And God blessed them, and God said unto them, Be fruitful, and
multiply,
and replenish the earth, and subdue it: and have dominion over the fish of
the
sea, and over the fowl of the air, and over every living thing that
moveth
upon the earth.' (Genesis 1:27-28) This can't be without sexual
intercourse
and child bearing. The sexual desire was implanted in the animal nature
to
cause the urge to have intercourse which produces birth, this also results
in
the pain caused by desire and giving birth (as the Lord God demonished
Adam
and Eve, See Genesis (3:16)).
Second, The help the married couple gives one to the other to reduce the
labor
required to go through life and is obvious from the saying of the
Almighty
concerning Adam and Eve: `And the LORD God said, It is not good that the
man
should be alone; I will make him an help meet for him.' (Genesis 2:18).
2. So the first purpose of marriage is giving birth to
children,
extinguishing the sexual desire, cooperation, and union.
3. Marriage is then necessary for procreation and also is honored in
many
laws and canons of which we mention three:
4. First, if one will burn with sexual desire, it is better for him to
get
married as the Apostle Paul said: `Now concerning the things whereof ye
wrote
unto me: It is good for a man not to touch a woman. Nevertheless, to
avoid
fornication, let every man have his own wife, and let every woman have her
own
husband. Let the husband render unto the wife due benevolence: and
likewise
also the wife unto the husband. The wife hath not power of her own body,
but
the husband: and likewise also the husband hath not power of his own body,
but
the wife. Defraud ye not one the other, except it be with consent for a
time,
that ye may give yourselves to fasting and prayer; and come together
again,
that Satan tempt you not for your incontinency.' (I Corinthians 7:1-5).
Also,
he said about the young widows in his epistle to Timothy that he desires
that
they marry and give birth to children than roaming around with no purpose
(See
Timothy 5).
5. Second, Celibacy is for those who can escape temptation. They do so by
good
temperament, good habits, and special calling: `Let every man abide in
the
same calling wherein he was called. Art thou called being a servant? care
not
for it: but if thou mayest be made free, use it rather. For he that is
called
in the Lord, being a servant, is the Lord's freeman: likewise also he that
is
called, being free, is Christ's servant. Ye are bought with a price; be not
ye
the servants of men. Brethren, let every man, wherein he is called,
therein
abide with God. Now concerning virgins I have no commandment of the Lord:
yet
I give my judgment, as one that hath obtained mercy of the Lord to
be
faithful. I suppose therefore that this is good for the present distress,
I
say, that it is good for a man so to be. Art thou bound unto a wife? seek
not
to be loosed. Art thou loosed from a wife? seek not a wife. But and if
thou
marry, thou hast not sinned; and if a virgin marry, she hath not sinned.
Nevertheless such shall have trouble in the flesh: but I spare you. But this
I
say, brethren, the time is short: it remaineth, that both they that have
wives
be as though they had none;....' (I Corinth 7:20-38)
6. In the above, the Apostle followed the purpose of the Lord in his
pure
saying in the Gospel According to St. Matthew: `His disciples say unto him,
If
the case of the man be so with his wife, it is not good to marry. But he
said
unto them, All men cannot receive this saying, save they to whom it
is
given. For there are some eunuchs, which were so born from their
mother's
womb: and there are some eunuchs, which were made eunuchs of men: and there
be
eunuchs, which have made themselves eunuchs for the kingdom of
heaven's
sake. He that is able to receive i , let him receive it.' (Matthew 19:10-12).
Also see the Lord's sayings about those who left behind fathers,
mothers,
sisters, brothers, wife, children, that they shall receive 100 fold reward
in
this age and eternal life in the age to come (Matt 19:10-29, Mark 10:29-,
Luke
18:29-).
7. Third, marriage is then permitted for those of two groups above
mentioned,
meaning those who do not want to burn by desire and those who are not
relieved
from it!!!!!! as the Apostles' saying indicates: ` But and if thou marry,
thou
hast not sinned; and if a virgin marry, she hath not sinned. Nevertheless
such
shall have trouble in the flesh: but I spare you.' ( I Corinthians 7:28).
8. Marriage is honorable and the bedroom is clean (Hebrews 13:4).
9. Marriage after taking the vow of celibacy is not clean.
10. Everyone who was celibate and change is like one who married twice.
11. Speaking about celibacy is like his first marriage, But the
second
marriage is not the same honor as the first as in the laws of marriage,
he
does not get the blessings of the sacrament but the prayer of forgiveness.
Bassellious said: `if turtle doves, non-speaking (animal), does not go for
second marriage; how can a speaking animal (humans) go for second marriage.
It is not desirable to do so, especially for the (married) clergy, for them
it
is not acceptable at all!
12. Concerning a third marriage, it is unacceptable at all, we do not
even
consider it legal.
13. Having more than one wife at the same time is illegal. It is
public
fornication.
14. From what mentioned above, the purpose of marital intercourse is to
avoid
the pain of sexual desire and to seek off-spring who are to worship God.
15. We ought not to accept for marriage, a partner whom we do not
know,
because there might be a concern about their behavior (toward the other)
once
the desire is satisfied, put under control, or even gone away!
16. Most of what is said in this chapter comes from the laws
called
`Tatalassat' first to eleventh chapter . (I don't know what he is
talking
about!!!! help is needed)
17. The purposes of marriage are three as mentioned above, they are according
to the purpose of the creator and those who followed his purpose. It is
hard
to find (a sincere) one who has a single purpose only. Example, one who
wants
marriage for having children only, otherwise they would not have
intercourse
after knowing that his wife is pregnant which is seldom the case. Also, it
is
not conceivable that marriage is for cooperation only, otherwise they
would
not have intercourse which is also unheard of.
18. Marriage according to the desire of other (ungodly) people can be
for
many reasons other than the three we mentioned.
19. Some marry for pleasure only. Those do not care about having children
or
cooperation, but they even go as far as preventing pregnancy through
measures
for themselves or their spouses and do not care to consider the other
reasons
to the point of choosing a wife for appearance without considering
her
reputation or family's repution. For those, we hope that their purposes
change
after a while.
20. Some desire to gain fortune through marriage, for that they also
ignore
inquiring about reputation or family reputation.
21. Some are forced to marriage at a young age by parents or guardians who
do
not take into consideration maturity or choice thinking that by doing so
they
save their children from falling into sexual temptation or insuring a
good
financial position and sometimes they do it because they like to enjoy
seeing
their off-spring married before they depart or they do it out of pride or as
a
spiteful act.
22. Some jokingly marry because they like to have someone to inherit
them
(with no concern for whom they marry).
23. All these reasons for marriage more or less are attributed to
satisfying
(fleshly) desire. Hardly there is other reasons.
24. Many cover the purpose of bodily desire by claiming need
for
cooperation. A wise man was right in saying that desire of the flesh is
the
mother of all evil, all hardship, and all insults. It is truly the mother
of
all bodily and psychic pains because it makes the unnecessary things as
if
they are very necessary. For this we ask the Lord's help, protection,
support,
and mercy. Amen.
Concerning Engagement
25. Engagement is not proper for one found to be not fit for marriage.
26. The engaged is free to do so if he is not under custody (of full age).
Otherwise, it has to be done by the approval of the custodian/guardian.
27. There are fifteen reasons that prevent marriage, those are to
be
considered before engagement takes place, they are:
28. (First: Relatives marriage) that is not according to the law:
[Man is forbidden to marry: Grandmother, one who married his grandfather,
the
grandmother of one whom he married, his aunt (father side), his aunt (mother
side), one who married his uncle (father side), one who married his
uncle
(mother side), sister of his wife's father, sister of his wife's mother,
his
mother, one who was married to his father, mother of his wife, his
daughter,
his wife's daughter, his son's wife, his sister, his wife's sister,
his
brother's wife, daughter of his son, daughter of his daughter, wife of
his
grandson, wife of son of his daughter, daughter of son of his wife,
daughter
of daughter of his wife, daughter of his son, daughter of his sister, wife
of
his nephew (brother side), wife of his nephew (sister side), daughter of
wife
brother, daughter of wife sister.]
[Woman is forbidden to marry: Grandfather, husband of grandmother,
grandfather
of husband, uncle (father side), uncle (mother side), husband of aunt
(father
side), husband of aunt (mother side), uncle of her husband (his father
side),
uncle of her husband (his mother side), father, husband of her mother,
father
of her husband, son, son of husband, husband of her daughter, brother,
brother
of husband, husband of sister, grandson (son of son), grandson (son
of
daughter), husband of granddaughter (daughter of son), husband
of
granddaughter (daughter of daughter), son of son of husband, son of
daughter
of husband, son of brother, son of sister, husband of daughter of
brother,
husband of daughter of sister, son of her husband brother, son of sister
of
husband.]
29. In general three groups of forbidden marriages as follows:
29.1 parents and grandparents and what is above,
29.2 children, grandchildren and what is below,
29.3 uncles, aunts, bothers and their children, sisters and their children
and
all side relations like that, because those also are related because they
come
from same parents and/or grandparents.
30. There is two opinions among Copts about the degree of relative which
are
eligible to marry:
First Opinion: Forbid three relations and approve of fourth
relation
marriage. This is according to the council of Nicea and many of the
common
laws agreed to and which were approved by many head priests over the years
and
is followed in Coptic, Syrian and Nestorian Churches. This was also
necessary
when the numbers of Christians dwindled in certain regions and it
became
necessary to marry close relations such as cousins marriage to avoid
falling
into temptation and more important to keep people from leaving the faith
for
marital necessities. Fourth relation includes cousins, this is explained as
follows: my grandparents (second relation) gave birth of my uncle
(third
relation), uncles children are then fourth relation and it is legal to marry
a
cousin then.
Second Opinion: The followers of the king (Mallakites follower of
King
Marcian) forbade sixth relation marriages and approved seventh relation.
This
opinion makes cousins marriage forbidden. This is not acceptable to us
(the
Copts), and also to some of them and because of their dwindling numbers
in
certain regions, some of them violated the rule without distinguishing
any.
[Note: when relatives of a spouse are mentioned, it means a second
legal
marriage like in the case of death of first spouse]
31. The calculation leading to fourth relation is explained by the
legality
of (first) cousin marriage as follows: My father begat me, my
grandfather
begat my father, that is two relations. My grandfather begat my uncle,
third
relation, and my uncle begat my cousins, fourth relation.
32. Marriage of (spiritual) relatives through babptism (Nicean Council
Cannon
23, 25) The one who accepts one in baptism as sister can not marry her,
and
she cannot mary him and they become like brother and sister who can not
marry
the father and mother, sister and brother, son and daughter of the
other
person. They became relative through spiritual bond and any marriage
among
them is forbidden and they become as idolators or publicans until
they
separate.
[The publisher disputes this rule because their should be no such
thing,
because he states that childhood and parenthood is normal through birth only.
Other (spiritual) relations are no consideration in marriage]
33. It was mentioned in the laws of spiritual parenting (eshpeens) that
they
become spiritual parents when they become eshpeens, but such
parenting
relations are not followed in forbading marriage of relatives.
(this
contradicts rule 32 above).
34. (Part Three: relations through nursing): Relations through
circumstances
like raising a person (adoption) or nursing a child. The adoptive
parents
become like mother and father. For this reason, one can not marry one
who
raised him/her or their children because they become like brothers and
sister,
or their parents because they become like granparents, this is in the
Malakite
laws. But in the Descolias (laws of the Apostle) it is permitted for
an
adopted or nursed to marry the off-spring of those who adopted/nursed
him/her
.. etc.
35. (Part Four: Marriage to relatives through marriage, not through
birth):
Those are the parents of spouses, or grandparents of spouses (off-course
we
are now speaking about second marriages). Their sisters and brothers
parents
and grandparents. Spouses of children and their children, brothers,
sisters,
fathers and mothers, grandparents. And spouses of brothers and sisters
and
their children and their brothers and sisters, parents and grandparents.
And
relatives of the wife, her grandmother, mother, aunts, sisters,
daughter,
daughter of her son, and wives of her relatives in this level of relation.
Are all forbidden for a woman to marry. What is forbidden for woman
likewise
is forbidden for man (same kind relation).
36. (Part Five: Marrying the Guardian/Custodian) is also forbidden.
The
guardian, his siblings and his brother are forbidden for the
adopted/cared
for. This is only until she reaches 26 years of age and if the
guardian
satisfied all that he is required to do, they can marry if she accepts
to
marry him.
37. (Part Six): It does not look good that one marries the wife of his
master.
38. (Part Seven): It is not desirable for believer to marry
unbeliever,
except according to what was mentioned in the appropriate books (see
the
epistles of St. Paul).
39. (Part Eight): Not proper to marry if there is what prevents
sexual
inercourse like illness preventing sexual intercourse, the Eunchs, and
those
who have both the organs of male and female in the same body (tranvestites!).
Also those who have one of the following reasons are not to marry:
39.1 Casteration,
39.2 Persistant Madness, meaning that is not treatable, not curable,
39.3 Harmeful diseases like Elephantiasis, but one who has leporcy can
marry
if the other accepts.
What Nullifies Marriage
40. (Part Nine): Woman who was caught in sin (fornication) or
previously
divorced.
41. (Part Ten): Having more than one wife.
42. (Part Eleven): Fourth marriage or more.
43. (Part Twelve): Marrying a Nun.
44. (Part Thirteen): Woman that is Sixty or Older.
(This is disputed by the publisher as not valid reason. We also see no
reason
for such rule)
45. (Part Fourteen); Marriage that followed the death of husband by less than
the year of mourning, and to be exact 10 months after the death of
previous
husband. This can also cause one to loose the inheritance from the
previous
husband (because of the need to prove parenthood in case of conception in
the
first year following the death of previous husband). This prevents
marriage
but does not prevent formal Church performed engagement.
46. (Part Fifteen): Forcing one of the partners to marriage which is
two
types
First: Bringing one of the parties to marriage by force makes both
marriage
and the marriage contract null and void. This however should not be the
rule
for engagement, because during engagement they might get to accept each
other.
Second: It is unlawful for a ruler or one of his siblings or one of his
aides
to force a person to marriage, the marriage will be null and void.
This
however should not be the rule for engagement (as explained above).
47. If one after being engaged and receiving a dowry/gift decides to
become
celibate. It is acceptable to break the engagement, and not go through
with
the marriage, only after the dowry/gift is returned back (to the donor)
in
full.
48. Engagement, even wedding ceremony, shall precede the consummation
of
marriage with sufficient time to be sure that each accepts the other
fully,
and that the love through complete content is true. And let the one
who
accepts wait for the marriage and control himself and not hurry. Let the
hope
for a pure marriage a motivation for keeping the chastity and to expend
the
energy in the effort to prepare for the marriage and to increase the
desire
for the other. Let us follow the Lord's wisdom, it is not good for man to
be
alone (He prepared for Adam before bringing on Eve). He promised first
then
made the promise to happen, become reality.
Aakd Al-Amlaak
(Limits and Conditions)
49. Al-Amlaak is a promise to marry and a date to do so. It can be written
or
unwritten (oral communications).
50. It is made certain by the presence of two of the elders of the
priests
whereas they place the cross and the ring on top of the dowry (maahrr).
They
write a contract by the consent of the two who are to be connected
(in
marriage). Also, if one or the other under custody, it is also through
the
consent of the custodian even if the custodian was not biological parent.
51. It is permissible to marry without dowry or furniture (customary even
to
this day to agree on who pays for what in furnishing the home of the newly
wed
as part of the marriage agreement).
52. Mourning a previous husband does not prevent having a marriage
contract
drafted. The parties can not have a contract if one is less than seven
years
of age!
53. If one has a marriage contract without setting marriage date, it
is
(customary) to wait two years. If one was on travel, it can be three years.
If that time passes it can be considered null and void. Both sides can
look
for another. But if there is a strong reason like illness, or debt,
or
imprisonment, or being away for a strong reason; it is possible to wait
four
years. Parent or custodian can not dissolve the agreement, it requires one
of
the parties in the marriage to do so.
54. If the two seeking marriage were orphans, without father and mother
and
were under the age of fifteen and had a contract, they can not dissolve
it
until they reach the age of maturity (age 15), at which time they can
do
what they desire (this is intended to give an opportunity to make a
rational
decision).
55. Every maiden by her father's choice or her own choice has an agreement
to
marry one and was forced to marital relation by another, through
force,
abduction or rape, has to marry the one that she was promised to first
unless
he chooses not to go ahead with the marriage. In the case of the
first
refusing to marry her, the abductor has to marry her if he is not
married
already.
56. If one of the parties reneged on marriage contract, has to return
twice
what he received. But if the one that paid reneged, he has to forfeit what
was
paid. In case of death of one of the parties, there are two rules:
First, The one who received returns what he received to the family of the
dead
unless if the dead person was cause of delay,
Second, If the woman dies, her family is obligated to return all that
they
received. If the man dies, and has no one to inherit him, the woman keeps
what
he gave. But if he has those who can inherit, she keeps half and returns
the
other half to them if the contract was legal.
57. What the father agreed to shall be carried on, but if the father
or
mother took the down payment and changed their mind, they shall return
double
the amount. But if they are not able to pay double, they at least
should
return what they received. The same applies if a custodian received the
down
payment.
58. To become full of age and in complete control of his situation a man
has
to be between the ages of twenty and twenty five. But for females they have
to
be between eighteen and twenty five years of age. (Having a range
is
confusing. In our times it is a fixed age for both men and women, eighteen
in
most countries. Sometimes age 21).
59. When they reach the legal age, they can ask the ruler of the region
to
remove all custodians, and they can do what pleases them and it is their
own
decision.
60. If after engagement, dowry, and legal contract, it was found that
the
marriage can not take place because he follows another faith, or
extreme
neglect of the faith, or breaking the commandments, they shall be allowed
not
to marry but they have to return what they received. But if it is found
that
they had pre knowledge of the situation before hand they must pay double.
[Breaking of engagement is reluctantly accepted by the Church as a
wise
decision before a bad marriage takes place. It is customary to return
valuable
gifts and jewelry. Furniture also returns to the one who paid for it,
but
dowry is no longer a common practice, and marriage contract is now part of
the
wedding procedure]
Concerning Gifts Before Marriage:
61. Every gift other than food returns to the man if the marriage does
not
take place.
62. But if the man was the one who refused to go through with the marriage
he
loses everything he offered. But if she is the one that refused, she
should
return everything including gifts and dowry.
63. Gifts are to the fiancee to the day of marriage if the gift is given
in
her home. But if the gift is given in the home of the newly weds from
wedding
day on, it is a wife's gift and not a fiancee gift. The man's adversaries
can
not get what he gave as engagement gift.
64. The woman can give from the dowry to her husband's adversaries, but
not
from the engagement gifts.
Concerning Parents and the marriage of their Children, Same for
Custodians
65. It is not lawful for a man to force his child to marry if the child has
a
good reputation (knows what he is doing), but if he is not he is advised
to
not refuse.
66. If parents desire to get daughter or granddaughter to marry by
helping
pay for the furniture and she refuses, she deserves to live in bad repute
and
looses the right of inheritance.
67. It is not proper for children to refuse marriage causing their parents
to
loose the furniture and the engagement gifts.
68. If parents or custodians refuse to help those in their custody
unfairly
by refusing to pay for the furniture, it is up to those in authority to
make
them do what is necessary for marriage to take place.
69. If a woman is past 25 years of age and her parents did not try
earnestly
to help her, she can ask those in authority to force them to do what
is
necessary.
70. If a woman is of full age and wants to marry according to the
commandments, let her marry even if her parents refuse. This goes for men
as
well.
71. If a man is a prisoner of war for more than three years, his children
can
marry without his approval even if it was known that he will not approve
of
the marriage (because he was absent for more than three years). If he
was
absent less than three year the marriage is not proper if he objects to it.
72. If the father is not of sound mind, the grandfather approval can be
used
in place of the father's. But if the woman is of full age and her
father
disapproves, it is up to those in authority to decide.
73. If the one she chooses and the one her parents choose are equal in
race
and financial ability, it is done according to her opinion.
74. If the relatives disagree about the choice regarding marriage for
an
orphaned relative, those in authority can make the choice.
75. A guardian on the trust of an orphan, has no say concerning marriage,
if
the guardianship is on finances only.
76. Mourning the departed father or grandfather does not constitute a
reason
for not completing (a promised) marriage.
Terms of Marriage Contract
77. First: Terms: Marriage is an agreement between a man and a woman. It is
a
public agreement in front by the witness of the priests and through
their
prayers. Marriage is a joining of the livelihood of the partners
which
produces a better ability to satisfy their needs and a means of
producing
off-spring to follow them.
78. Second: Who Should Engage in Marriage: Marriage should not take
place
unless the two who desire to marry are in agreement, and if under custody
the
custodian/guardian has to agree. Marriage should be between two of full
age,
the man should be over 14 years of age and the woman over 12 years of age.
One who is brought to marriage under 12 years of age is married in the law
if
she accepts the man!
79. One should not have the marriage ceremony in secret, but to have many
in
attendance.
80. Marriage Certification can not and should not be completed unless
the
priest is present. He also should offer the Qurbaan (meaning perform
the
prayers of the sacrament of holy matrimony) by which they become one flesh
as
the Lord, may His name be praised, said. Without the prayers they are
not
considered married. Since through prayer she is absolved to marry him and
he
is absolved to marry her.
81. Third, There are eleven major rules concerning marriage. The first
major
set of rules has five sub-rules: First, concerning first marriage which
was
covered previously.
82. Second, second marriage for men is permissible if there is no
obstacle,
and if they have young children they have to care for them and do
what
appropriate about their having their lawful inheritance.
83. If a priest marries for the second time he looses his rank (priesthood).
84. For woman who promised celibacy, it is against the law to marry,
not
because of the intercourse, but because they would be committing a lie
against
the Creator.
85. A widowed woman over 60 years of age who marries a second time is like
an
evil doer.
86. A woman is committed to her husband as long as he is alive. But if
he
dies, she can marry again but blessed is she if she does not.
87. If the newly wed are widowed, they shall not receive the holy
matrimony
blessings (prayer) because this was given to them previously and it stays
for
ever (can not be repeated). Instead, the priest shall pray for them a
prayer
of repentance. But if one of the two is receiving the marriage prayers for
the
first time, he or she shall be blessed alone.
88. If one marries a second time, she shall ask her children permission
before
she gets married. She also has to separate what is theirs from what is hers.
89. One who is under 25 years of age who is going for a second marriage
has
to get the approval of her parents/guardians. But if the father is dead,
the
approval of her relatives. If they do not agree, those in authority will
have
to approve. If the one she is to choose between their selection and one
she
selected, and if they both equally qualified her choice shall be the one
to
approve.
90. Third, Third marriage is a sign of falling into temptation and
is
despised by the Church.
91. Fourth, What is beyond third marriage is public fornication.
92. Who dares to commit fourth marriage should not be considered married,
the
children of such marriage are not to be considered legitimate. He should
be
treated as a fornicator and they should be separated.
93. Fifth, according to the council of Nicea, one should not be married
to
two women at the same time. One who does that shall be denied the
holy
Eucharist and should not be allowed to enter the Church until he lives
the
second (woman) and returns to the first.
94. If one has two wives under one roof or in separate residences or if
one
has a wife and a mistress he shall be separated from the Church, and if he
had
a rank of priesthood, he shall be separated from the priesthood.
95. A woman who falls in love with another man while her husband is
still
alive, is an adulterous and is considered in violation of the
commandments.
96. Part Two: The believer can marry a woman who is un-believer on
the
condition that she joins the faith. A woman believe shall not marry
an
un-believer because of fear that he will convert her to his faith.
97. Every woman who marry an un-believer shall be separated from the
society
until she leaves the un-believer and after she proves her repentance she
is
given the Eucharist.
98. Any believer who forces sister or daughter to marry an un-believer
shall
be separated from society and not allowed to socialize with the believers
for
(for what he did) but she is not to be blamed because she was forced to
the
marriage. If he repents and gets her released of her marriage he can
be
brought back to the group after a period of repentance based on the
magnitude
of his mis conduct.
99. If a brother has a wife who is an un-believer and she desires no
to
depart he is advised not to leave her. Also, if a woman believer has a
husband
who is an un-believer and he desires to stay with her, let her not leave
him
because (as the Apostle said) the un-believer is sanctified in
the
believer. But if the un-believer desires to depart let him depart.
100. Part Three: The period for one to not marry again after the departure
of
a spouse: There are two opinions:
First, It is not lawful to marry before a year passes, otherwise the
survivor
is not permitted to receive any inheritance from the deceased.
Second, A woman is not allowed to marry again for 10 months after the death
of
her spouse, and if she does she is not permitted to receive any
inheritance
from the deceased and has disgraced herself.
101. Part Four: If a man is in financial hardship because of the gifts
and
dowry he presented to his future spouse, she becomes obligated to support
the
man and their off-spring from what she already received.
102. Part Five: If a man pawns any item belonging to his wife without
her
permission, his action is unlawful. But if out of need, he asks her to
allow
it and she refuses, she has forfeit her right to support because she
prevented
a necessary action because the commandments help those who are deceived
but
does not help those who are spiteful.
103. Part Six: Divorcee is not permitted except for previously
mentioned
reasons for voiding marriage. This is because of the witness of the
Gospel
according to St. Matthew: `The Pharisees also came unto him, tempting him,
and
saying unto him, Is it lawful for a man to put away his wife for every cause?
And he answered and said unto them, Have ye not read, that he which made
them
at the beginning made them male and female, And said, For this cause shall
a
man leave father and mother, and shall cleave to his wife: and they
twain
shall be one flesh? Wherefore they are no more twain, but one flesh.
What
therefore God hath joined together, let not man put asunder. They say
unto
him, Why did Moses then command to give a writing of divorcement, and to
put
her away? He saith unto them, Moses because of the hardness of your
hearts
suffered you to put away your wives: but from the beginning it was not so.
And
I say unto you, Whosoever shall put away his wife, except it be
for
fornication, and shall marry another, committeth adultery: and whoso
marrieth
her which is put away doth commit adultery.' (Matt 19:3-9)
104. The Apostle Paul in Corinthians said: `But to the rest speak I, not
the
Lord: If any brother hath a wife that believeth not, and she be pleased
to
dwell with him, let him not put her away. And the woman which hath an
husband
that believeth not, and if he be pleased to dwell with her, let her not
leave
him. For the unbelieving husband is sanctified by the wife, and
the
unbelieving wife is sanctified by the husband: else were your
children
unclean; but now are they holy. But if the unbelieving depart, let
him
depart. A brother or a sister is not under bondage in such cases: but God hath
called us to peace. For what knowest thou, O wife, whether thou shalt save
thy
husband? or how knowest thou, O man, whether thou shalt save thy wife?'
(I
Corinthians 7:12-16)
105. Part Seven: Forbidding Them From Denying Each Other Companionship:
According to St. Paul, a man has to give his wife what is due her and
the
woman likewise: `Let the husband render unto the wife due benevolence:
and
likewise also the wife unto the husband. The wife hath not power of her
own
body, but the husband: and likewise also the husband hath not power of his
own
body, but the wife. Defraud ye not one the other, except it be with
consent
for a time, that ye may give yourselves to fasting and prayer; and
come
together again, that Satan tempt you not for your incontinency.'
(I
Corinthians 7:3-5)
106: Part Eight: On the days on which they should not get together (have
sex):
The holy days of fasting should not be defiled by sex, also you should not
get
close to her (have sex) on the days of her blood (period), and the
period
following giving birth because you will be forcing her to do what is
not
proper. Remember what the Lord ordered the Israelites through Moses: `And if
a
man shall lie with a woman having her sickness, and shall uncover
her
nakedness; he hath discovered her fountain, and she hath uncovered
the
fountain of her blood: and both of them shall be cut off from among
their
people.' (Leviticus 20:18)
107. Woe to those who commit such sin in paschal week.
108. Marriage which was ordained by God for the Israelites was not only
for
producing off-spring but also for the needs of the flesh which was made to
be
controlled through the commandments so that there are times to get
together
and times for abstaining so not to become morally decadent.
109. But abstaining during the time of the period following giving birth
is
for the protection of your bodies from sickness and to avoid having
off-spring
born with disease (caused by improper use) such as leprosy and the likes.
But
abstaining during fasting seasons is because intercourse will break the
fast
and you need to complete the commandment. This is for you forbidding
the
animal nature from animal like desire. And by abstaining you are providing
to
the vocal soul which is united in your flesh its spiritual needs. So, it
is
ordained for everyone to abstain on the days of the issue of blood to
protect
the body and off-spring. And to abstain in the paschal week for it is days of
sorrow and fasting and prayers. And during the fasting seasons because it
is
days of self control and we would rather fight the flesh's desire than
succumb
to it. But according to St. John Crysostom do not do that to each
other
spitefully because it can lead to adultery.
110. Part Nine: Forbidding Separation and its equivalents like
Mental
Separation:
The first is because the first purpose of marriage is maintaining the
human
race, so separation will work against the desire to have off-spring
and
maintaining the human race.
111. The second is because the Lord said in the torah that if a man
separates
himself from his wife he is not saved from murdering a soul. You also
know
what Onan the son of Judah did not do for his brother's wife, for that
the
Lord caused him to die (Genesis 38:8).
112. John Crysostom said in explaining the Gospel according to St.
Matthew:
They actively labor to not bear fruit (children) and this is more evil
than
not having any. This includes taking the seed out and throwing it
away
(abortion) and taking medications to prevent pregnancy.
113. Part Ten: Those Who Accuses A Spouse Falsely: If one of you takes a
wife
and despises her so he will start to falsely accuse her of things and
starts
saying that he did not find her virgin and if her father proves what was
said
is false accusations, the man shall be blamed and punished for his crime
and
she shall become his wife if he likes it or not until one of them dies. But
if
what he said about her was proven to be true, they shall be separated and
she
shall be called wicked and no one is to marry her and she shall stay in
her
house sad and weeping because she committed adultery and disgraced her
father.
114. Any man advised by the people that his wife committed adultery,
shall
ask that she is brought in front of the priests. The priest shall bring
a
pottery vessel fill it with salty water and .... The priest shall ask he
to
swear by the altar and the power of the Holy Spirit that she is innocent ..
If she swore and is innocent she shall return to her husband happy, and
her
husband shall receiver her happy, otherwise if she swore falsely she
is
condemned because she lied. ......
115. Part Eleven: Concerning Knowledge of Events the Precede Marriage: It
is
not proper for one to think that marriage is a sin or an unclean act
because
what God created male and female is very good and both male and female
are
good and beautiful creation of God. Those who call for forbidding
marriage
shall be separated unless their intention is to live a celibate life.
116. Those who mock marriage and call the marital intercourse unclean shall
be
separated.
117. One who leaves his wife and calls marriage uncleanness shall
be
separated.
118. It is unlawful for women who have issue of blood (period) or the
blood
of giving birth to enter the Church. And it is unlawful for a woman in
this
condition to enter the Church even if she was the daughter of a king.
119. The woman who gave birth can not approach the holy place
(have
communion) for forty days if she gave birth to a boy and eighty days if
the
new born is a girl. Midwives or those who receive the child are unclean
for
twenty days if the baby is a boy and forty days if it was a girl.
120. It is commanded to separate the adulterous and the married woman
who
commits adultery if her husband was not aware of her actions. But if he
was
aware and did not prevent it they both are separated.
121. If the husband was a priest, he looses his rank. And if he repents,
he
can receive communion after repentance but not the rank of priesthood.
122. If the wife of a priest marries again after his death, she has
shamed
her husband and caused her self to go down from a higher rank.
Part Six: What Makes A Marriage Null and Void:
123. First, if both elect celibacy by free will.
124. Second, if one of the parties abstains from marital intercourse
because
he chooses celibacy after marriage, because by doing so the abstaining
party
is not satisfying one of the main purposes of marriage, meaning having
an
off-spring through intercourse. Also if one is absent for many years
for
whatever reason.
125. Third, what prevents achieving the second reason for marriage
meaning
cooperation on achieving good living which can be:
A) Because of adultery committed by either one,
B) What adultery will bring to the marriage: First, it will spoil the
living
situation because one of the parties no longer can care for the other and
also
for the children as well because his cares are for the outsider. Also,
because
the man will not be sure if the off-spring is his or somebody else's and
one
wants a stranger to inherit him. Also, the off-spring of this relation
rather
inherit the true father. Also, there is the fear of someone getting killed
for
revenge and/or jealousy.
C) By staying together under these conditions is a continuation of an
unfair
situation.
124: Laws Concerning the Three Situation Above Mentioned: First, Marriage
is
null and void when both parties choose celibacy.
125. Second, Marriage is null and void if the man is not able to perform
the
duties of sexual intercourse for a period of three years or more. The
woman's
parents can ask for the marriage to be made null and void if there is a
proof
of the situation. In this case the woman keeps the furniture. But
the
engagement gifts should be returned in full.
126. If a man discovers that the one he married is not complete in her
sexual
organs as a one should be and if he confirmed that three times and confides
in
the priest with his findings, the bishop is obligated to separate them
and
make the marriage null and void (as if it did not happen). The man is free
to
marry again, but the woman shall be prevented from marrying again.
Her
guardian also is to be denied the holy Eucharist until he repents, if he
knew
of her condition and did offer her for marriage. But if he continues in his
bad actions, he shall be separated.
127. Concerning Seizures and Mental Diseases: Two Opinions:
(1) First, If one finds his wife having seizures caused by mental disease
and
if the illness happened after the marriage, he should accept her and have
patience with her and he is not allowed to marry another. But if the
illness
existed before the marriage and was hidden from him, he is allowed to
leave
her and marry another. She can keep the dowry and furniture and every
thing
she brought into the marriage. But if she brought cattle or slaves, he
is
entitled to half of the produce that resulted after the marriage if he
chooses
to leave her. Also if any of the furniture was unusable she should be
given
the fare value, but if he wrote a rust to her after the marriage he is
not
obligated to pay what is promised in the trust.
(2) Second, If the seizures occurred after the marriage and if he chooses
he
can let her leave and if he does so she is entitled to her dowry
and
furniture. But if the illness existed before the marriage and he was
not
informed and if he wants to leave her he can but he has to give her
the
furniture but what he gave her as money should return to him.
128: Concerning Leprosy: Two Opinions:
(1) First, if one of them has leprosy or like disease after marriage, it
is
not permitted for the other partner to leave,
(2) Second, If one marries and she develops leprosy or like disease
after
marriage, it is permitted for him to leave. She gets to keep everything
he
gave her before marriage, and if he is able financially he is required to
gave
her financial support because what befall them was not by her choice or
his.
129. It is commanded to make the marriage of one who is a prisoner of
war
null and void if it is not clear that he is in the hands of the enemy
or
dead. But if it is clear that he is alive, we ask her to wait 5 years
before
the marriage is declared null and void. The one that request the
annulment
shall give up furniture and marriage gifts.
130. If some are enlisted in the army, we command that for the years they
are
in the battle field that their wives have patience and wait for them. But
if
the news of the death of a soldier arrives, do not act on the news until it
is
verified by the leaders of the army. She or her parents or close
relatives
shall meet with the leaders and inquire diligently and if it is true that
the
person died or was killed she shall take a whatever written proof and take
the
Bible as a witness and swore that the news is verified. She then has to
wait
for a full year before marrying again. If she follows that her second
marriage
is lawful . But if she did through false witness claim the death of
the
spouse, the false witnesses shall be removed from their positions and fined
10
pounds of gold to be given to him because they lied concerning him. If
her
first husband chooses, he can have her back as wife.
131. About Adultery:
(1) First, Women Adultery: If a man discovers that his wife is
committing
adultery, he has to prove that she committed adultery. Afterwards, she and
the
man she committed adultery with shall be punished. Her marriage is null
and
void and she is required to return everything she received. He keeps it
all
unless there are children in which case they are entitled to half. Also he
is
entitled to one third of her wealth as a compensation. The man she
committed
adultery with also looses his marriage and all the dowry and furniture goes
to
his wife unless there children because they are entitled to half that, but
the
before marriage gifts are all hers.
132. (2) Second, Other Situations Considered as Adultery: If a woman goes
out
with men to drink or hunt without the approval of her husband, she
is
committing adultery. Also, if she sleeps outside her husband's home
without
his permission, except if the place is her parents or if he was the reason
for
her staying out.
133. The unlawful acts mentioned previously in parts one through fourteen
but
not five and six are considered like adultery.
133. (3) Third, It is considered like adultery if one conspires against
the
life of the other or if a man conspires against the Chastity of his wife.
134. If one marries and argument perpetrated by he starts, we advice him
to
be patient and kind until she comes back to her good behavior. But if he
can
no longer accept the situation let him ask the archpriest to intervene. If
she
does not listen to the archpriest, ask the bishop to intervene. If she
does
not listen to the bishop, the bishop shall shake even the dust from his
shoes
at her door. At this point, it is lawful for the man remarry. But if
he
chooses he can stay single, and if he is righteous he is permitted to join
monastic life. But if it was found out that he is the one that instigated
the
trouble because he does not like her, he is commanded to stay with her. But
if
he leaves her, he is not permitted to receive the Eucharist.
135. If a man conspires on the life of his wife or her chastity by action
or
by hiring others to do such things. And after it is proven that he did
such
thing, she is free to leave him and remarry lawfully if she wants. She
is
entitled to gifts, dowry, and furniture, and a fare amount of his
other
positions. If they do not have children, she takes all these things, but
if
they have children, he keeps all his other positions for the care of
the
children.
136. If a man was found with another woman in his house or was known
to
frequent another place to be with a woman other than his wife, it is lawful
to
annul the marriage. If he was warned by his parents or her parents
(his
in-laws) or other concerned parties and does not listen, the marriage is
null
and void. The rules concerning gifts, dowry, furniture as in 134. above.
137. If there are criminal laws concerning the adulterous behavior of
men,
they can be treated according to the criminal law instead of marriage
law!
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning The Forbidding of Taking a Mistress
Chapter 25
1. Taking a mistress ("tassari") is forbidden according to our
Christian
Faith, because it is outside the limits of legal marriage. It is a
continous
open adultery.
2. If one has a mistress regardless of her being a slave or free, should
stop
and marry her according to the law (assuming that he is not
already
married). If he does not do what is commanded, he should be separated from
the
Church.
3. It is forbidden to keep a mistress in ones home, and if one is
already
doing that there is no difference between that and adultery. If he wants
to
keep the relation, he should marry her. If he feels that she is not
good
enough, he should let her go and marry one that is suitable for him or live
a
celibate life.
4. If one combines a wife and a slave as mistress, he should be punished
and
it is up to the authority to sell her (to get her out of the situation).
5. A mistress of an un-believer if she is his slave and does not sleep
with
anyone else, and raised her children shoul be included in the society, but
if
she sleeps with others should be kept out.
6. It is not proper now for anyone to take a mistress after the law of
Christ
was given to us, because we are all free and there is no slaves in Christ.
If
one says how come David and Solomon kept mistresses, her is the reason:
in
those days people were not many and it was allowed to increase the number
of
people on earth. But today there is no need for such and now we have a
better
law (meaning the law of monogomy).
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Grants (Gifts)
Chapter 26
1. We look at grants/gifts from 5 points of consideration: The gift,
the
giver, the recipient, the given item, and the rest of the conditions.
2. The value of the grant to those who do not need giving is the same as
the
value of the donation to the needy. It is a desired virtue second only
to
alms. If the giver of the grant signed it off and the recipient accepted
it,
it becomes the property of the recipient and he can do whatever he wants to
do
with it.
3. The giver can not give a gift unless he is of legal age, rational,
free,
and without fear from the recipient. If he is under fear of the recipient,
he
should not execute the gift and it can only take place after his death if
it
was not proven that he withdraw his offer of giving.
4. The giver can sign a grant document any time, but he can choose a
later
time for executing it which can be for a time after his death.
5. If one gives all his wealth in his life before having an off-spring
and
afterwards he produces an off-spring, he can ask for part or all of what
he
granted to be returned back. He is entitled to what he gave or the
fair
monetary value. It is unlawful to request such return of gift after the
death
of one of the parties (giver or recipient), or if the recipient lost the
gift,
or if he is not capable to return fair value, or if the giver has
already
received monetary compensation for the gift, or if the return of the gift
can
cause the recipient harm such as if the gift was land and a wall is
already
built on it in which case the return of fair value is proper.
6. If one who is under the legal age made a gift and decided to retract
it,
he has four year after reaching the legal age to ask for the return of
the
gift.
7. A gift given by a written document is not executed unless the document
is
signed and handed to the recipient. Once the document is passed to
the
recipient, the giver can not take it back.
8. If the grant was to a child or a grandchild it can be valid without
a
written document. He also can ask for its return in his life. But after
his
death, the gift is granted even if there is no supporting document.
9. Those who are to receive in order of priority are: The
children,
grandchildren, parents, first degree relatives, relatives, in-laws,
close
friends, friends, servants, acquaintances, neighbors, and all others.
10. It is preferred to give equal amounts to those of equal rank. For
example
equal gifts to all the children.
11. If the recipient doe not show appreciation to the giver, he can loose
the
gift. Other causes for loosing the gift are: grave injustice towards
the
giver, causing the giver extreme financial harm, not giving him a
benefit
stipulated in the conditions of the gift, or conspiring or acting to cause
him
to loose his life. In all these cases, an open public judgment is required
to
prove that the recipient has actually engaged in any of the
listed
actions. When it is proven that such has taken place the recipient has
to
return the gift, but if he can not return it, he has to give fair value.
The
recipient determines what is fair value unless there is proof that
his
statement is not reliable.
12. If the recipient claims inability to pay, he is not required to
pay
unless there is proof that his claim is untrue.
13. It is not proper to give to a recipient not known to the giver. Also,
it
is not valid unless it is accepted by the recipient.
14. The thing (given item) can not be an unknown, also it is not proper
to
give an item that is not owned by the giver, or an item that can cause
the
recipient any harm. For example, it is not proper to give a mad person
a
sword, because he might kill himself or someone else with it.
15. If the item does not need boundary or location identification such
as
money, it can be given without a document. But if it need identification,
it
needs a witnessed written document to identify it and determine exactly
the
conditions. It is preferred that the document is written by the giver in
his
own hand writing.
16. If the given item is large property such as an entire village,
the
produce goes to the recipient from the time the grant is executed unless
the
giver stipulates otherwise. If the giver stipulates that the produce of
the
current year or any other doe not go to the recipient, it shall be as
stated
as long as it does not violate the intent of the grant. The conditions
the
recipient accepts (in writing) are binding.
17. The rest of the conditions of a gift are as follows: It should not
violate
the purpose of the gift,
18. If a recipient of a grant dies before receiving it, it does not become
an
inheritance to those who succeed him.
19. If one is under arrest and gives through his father, it is
considered
that the father is the giver out of respect for the father.
20. If one gives what is not his, the real owner is considered the giver!
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Loans, Collateral, and Bonds
Chapter 2
1. Lending is a virtue of the same class as giving because the Lord
commanded
us to do it: `But love ye your enemies, and do good, and lend, hoping
for
nothing again; and your reward shall be great, and ye shall be the children
of
the Highest: for he is kind unto the unthankful and to the evil.' (Luke
6:35)
2. Diligence in paying back a loan is a duty following the saying of
David
the Prophet: `He hath dispersed, he hath given to the poor; his
righteousness
endureth for ever; his horn shall be exalted with honour.' (Psalms 112:9)
3. Patience with the borrower until he is able to pay back is commanded us
by
the Lord: `And if ye lend to them of whom ye hope to receive, what thank
have
ye? for sinners also lend to sinners, to receive as much again.'
(Luke
6:34). Also the Lord commands us to forgive those who can not pay back as
he
reminded the servant who did not forgive his fellow servant that the Lord
of
the house will not have mercy on him.
4. Loans are usually guaranteed with collateral or guarantor or co-signer
or
through a witnessed contract. Sometimes it relies on the hand writing of
the
borrower or his honesty (word) only. The use of a witness is preferred,
but
hand writing (signature) is a proof as well.
5. Payment when (the loan is) due is required, but it is preferred if
payment
is ahead of time. The payment has to be in kind and if not to be in
equal
value, and it is preferred if the type and the amount of payment
are
stipulated in the conditions of the loan.
6. If the borrower claims that he can not pay back, the lender can take
what
is available to cover the loan with permission from the ruler and through
the
use of experts (appraisers) in fairly evaluating the value of what is taken
in
place of the loan.
7. If one denies that he owes but it was proven later on that he did,
he
looses everything he owns.
8. One who denies he owes falsely, and it is proven otherwise is required
to
pay double, but if he confesses that he falsely denied, is saved from
paying
double!
9. If one leaves as collateral an item, all proceed from it goes against
the
principal of the original loan because the commandments prohibit lending
with
usury (excessive interest rate): `Unto a stranger thou mayest lend upon
usury;
but unto thy brother thou shalt not lend upon usury: that the LORD thy God
may
bless thee in all that thou settest thine hand to in the land whither
thou
goest to possess it ` (Deuteronomy 23:20).
10. So if one takes a collateral and its value exceeds the loan value, and
if
the loan was paid the collateral is returned in full including any increase
in
its value.
11. No matter how poor the borrower's performance is in paying the
loans
back, the lender has to protect the collateral as if it was his own property.
12. Whatever is lost of the value of the collateral is the responsibility
of
the lender. The lender has to return the collateral in its original
condition
and compensate for any loss in its value.
13. But if they have agreed to other conditions, these conditions are
binding
in seeking judgment.
14. If the collateral is lost, and if the collateral is equal exactly to
the
loan, there is nothing owed. But if the collateral is larger in value,
the
lender owes the difference.
15. The lender can ask for any expense related to keeping the collateral.
16. If they agreed that the collateral be sold at the time the loan is
due,
the lender can do so. The lender is not allowed to sell for less than
the
value without permission from the ruler. If it is sold for less than
its
value, the lender is responsible for the difference between the value and
the
loan amount.
17. As long as the collateral is with the lender or those who inherit him
(it
covers the loan). It is o be returned as soon as the loan is paid unless it
is
stipulated otherwise, also it can be used as payment if it is equal to
the
loan in value.
18. If the collateral dies, is set free, or given away the lender is
required
to compensate the borrower for it when the loan is paid. But if the
borrower
is not able to pay back, giving the collateral away is not possible
until
after the loan comes due.
19. It is unlawful to give away collateral which produces benefit to
the
borrower.
20. Also, it is unlawful to do transactions with the collateral which
harms
the borrower, for example leasing it for a term longer than the term of
the
loan.
21. It is unlawful to use certain unallowable items for collateral.
Examples
are: Free servant, property already used as a trust for charity,
perishable
goods. If they disagree, they have accept the word and oath of the lender
in
determined that proper replacement is required!
22. If the lender claims (falsely) that he returned the collateral, his
word
is rejected.
21. It is unlawful to use certain unallowable items for collateral.
Examples
are: Free servant, property already used as a trust for charity,
perishable
goods. If they disagree, they have accept the word and oath of the lender
in
determined that proper replacement is required!
22. If the lender claims (falsely) that he returned the collateral, his
word
is rejected.
23. If the value of the collateral increases after the agreement it
still
remains with the lender to the end of the loan.
24. If they agreed that it stays with the lender or with a keeper
(third
party) it shall be according to the loan agreement.
25. A keeper shall perform what is requested of him according to
the
agreement.
26. It is unlawful to borrow or use as collateral what is illegal
to
exchange.
27. The legal heirs of the lender or borrower have to follow the
stipulated
conditions of the loan if either or both die before the completion of the
term
of the loan. The rulers have authority in case one of the parties is
not
represented (no legal heirs).
28. If one has a legal ownership right or a bond, he and his legal heirs
can
not ask for it if they waited longer than 30 years to make their
request
(statute of limitation is 30 years for loans, collaterals, bonds).
29. If a lender has in his hands a collateral and is not able to get
the
payment (after the 30 years limit), he can keep the collateral, but if
the
collateral is out of his hand and he waited more than 30 years he looses
his
right to claim it.
30. This rule is applicable to all requests of payment/ownership of
items
like loans, inheritance, penalties, laws, joint ownership, boundaries of
land,
water ways, houses, villages, orchards, .. etc. It is unlawful to ask
for
ownership if one waited more than 30 years before making a claim.
31. The father is not responsible for a loan taken by his off-spring
unless
it was done by his permission. Also, one is not responsible for the debts
of
his mother, siblings, in-laws unless he was a co-signer.
32. Co-signature and bail are of two kinds, one for property the other is
for
a person.
33. About co-signature, one who can freely manage his own wealth can
freely
co-sign for a loan.
34. If he co-signs by free will he is responsible for the loan, but if he
was
coerced, he is not responsible for anything.
35. The words used for co-signature is to say I am cosigner (`ana
damaant')
and it shall be as you said. What you state you are responsible for, not
what
one of the parties claims that your are responsible for.
36. If the co-signer asks the borrower to throw his property in the sea,
or
his cloth in the fire, he is not to be obeyed. The lender has to ask
the
borrower first before he can send any claims to the co-signer.
37. If the borrower flees, the ruler shall try to place a claim on
the
properties known to belong to him first, otherwise they will do the same
to
the co-signer.
38. The lender shall ask the borrower for the payment then the co-signer,
but
if the co-signer has one that co-signed for him, request is made to all
three.
39. If one of the three dies, the others are responsible for the loan.
40. If the lender frees the responsibility of one of the co-signers,
this
co-signer is free from there on.
41. If any of the responsible for the loan completes its payment, all
claims
against the others are no longer.
42. If the co-signers are many, but each co-signed for the entire loan.
The
borrower can ask each and everyone for the entire loan. If one of
the
co-signers pays off the entire loan, he can ask the others for equal share
of
payment to him since he paid-off.
43. If responsibility was divided among them, each is responsible for
his
portion only.
44. If the lender agrees with the borrower about forgiving a portion of
the
loan, the co-signer is relieved of responsibility for the waived amount.
45. Co-signature can be conditional as long as the borrower accepts
the
conditions. It is up to the co-signer to monitor the situation to make
sure
that the borrower is abiding by the conditions.
46. If the co-signer and the borrower agree on a collateral between
the
borrower and co-signer, and if the co-signer accepts the collateral he
becomes
responsible of the loan in place of the borrower and the value of the item
is
his with profit or loss.
47. It is unlawful for the lender to refuse to accept back the full
payment
at anytime (no pre-payment penalty).
48. Anything that can not be paid back by the co-signer can not be
co-signed
for. For example co-signing for fulfilling the commandments is not legal.
49. If the borrower dies, the co-signer can ask the legal heir, if any,
to
pay up.
50. If the co-signer dies, his wealth is the target for guaranteeing
the
loan, but his legal heir are not personally responsible.
51. One who guarantees (bails) a person has to bring him up as agreed.
52. The guarantee (bail) is worded as follows: I guarantee to bring in so and
so, or I guarantee so and so to bring in so and so.
53. A guarantee (bail) can be for a certain period or certain date. If
he
brings the accused on or before that date he has accomplished what he
has
promised. Also if the accused surrenders by his own will, the bailer is
free
of all responsibility.
54. If the one bailed disappears, the bailer is responsible to the ruler
to
bring him in within an acceptable period of time, otherwise he is
responsible
for all the obligations of the escaped. If it was for financial matter,
the
bailer becomes responsible for it.
55. If the bailer is not available and another becomes a bailer, both
are
responsible.
56. It is unlawful to bail one accused of killing.
57. If the bailed dies, the bailer is free of all responsibility.
58. The normal action is to seek the accused. If it is not possible to
reach
him then the accuser goes for the bailer.
59. It is unlawful for a priest to sign collateral or be a bailer.
60. A woman's co-signature or bail are not acceptable.
61. If one contests a loan document or an oath, he is asked to swore that
it
is not his he is relieved unless it is proven that he swore falsely he
owes
everything as it was explained earlier.
62. If he refuses to swore, he is responsible to what is in the
document.
63. If there was no written document, he is responsible for what is
stated
verbally.
64. Remember that the Lord commanded in the Torah that the lender should
not
deal harshly with a borrower unable to pay, He commanded not to take away
the
cloth he is wearing, and not to imprison him. The Gospels stated the same
as
well.
65. For this reason it is advised not to deal harshly with one who
has
received a continuance (delay) for payment due. Also, if it is necessary
the
ruler shall guarantee the safety of the borrower during the agreed to
delay.
66. When the loan is due, if the borrower is not able to pay, the ruler
can
order what he owns sold on the hands of those who are honest and care for
bringing in the best value.
67. They shall sell the perishable items like livestock first, then
follow
with real estate.
68. Payment shall be only for proven debts and for fairness it is not
enough
to use the word of the borrower (have to reconcile the statements of
both
parties).
69. What necessity dictates shall be returned to borrower.
70. If the income from the sale is not enough, all lenders are
compensated
portions proportional to the values of their loans.
71. Any properties found are sold for payment of the loan.
72. If it brings more than the value of the loans, he keeps the
difference.
73. If the lenders could not find any property, they will ask him to
swore
that he does not own any and let him go. But if they prove that he
swore
falsely, the ruler shall imprison him until he pays.
74. If it was proven through two witnesses that he could not pay, they
should
allow him more time and let him go .
75. If he earns wages, he can be required to make installment payments
based
on ability to pay.
76. If it was not proven that he could not pay, his imprisonment
shall
continue.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Lending Without Seeking Compensation
Chapter 28
1. Lending without seeking compensation is a special way of lending (Fee
Free
Use).
2. If one borrows a riding animal for a specific purpose and a specific
place
and exceeds the purpose and/or place, he is responsible for what happens
to
the animal and if it dies he owes its value. He also is responsible for
its
value if he stays within limits but abuses or neglects the animal. But if
its
owner was present the borrower is not responsible (because the owner
should
have objected to improper action). But if he paid for the use, its
destruction
is covered by rental agreement.
3. If he exceeds the agreed plan, he should pay rent for the difference.
4. Anyone who is free to act, can borrow what is possible to borrow or
lend
what is possible to lend. Borrowing an item gives the right of use but
the
ownership belongs to the lender.
5. If it was an animal and died or ran away, he is not responsible for
it
unless he absolutely promised to return it back safely.
6. If they disagree, the borrower's word and his oath are accepted.
7. It is better that the item to be borrowed and period of loan and
condition
of loan are set by the lender.
8. It is the right of the lender to claim what was borrowed any time
unless
there was a promise of duration or purpose and neither was satisfied yet.
9. What looses its principal value such as money or can be measure or
weighed
is not to be given as free loan, but as a repayable loan.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Safe Keeping
Chapter 29
1. Safe keeping is for one, the depositor, to leave a valuable item
with
another, for safe keeping without paying a fee for the service. If the
keeper
accepts to do so, he is obligated to protect it as if it was his own, and
by
doing so, if it is destroyed (if it dies), he is not responsible.
2. If the keeper tries to return the deposited item for its safety, but
the
depositor refuses to take it back, the keeper is not responsible for
its
safety.
3. If it spoils or dies because of natural causes or if it gets infected
with
worms or if it is destroyed or lost due to fire or flood or robbery, or
taken
by force and as long as there is no proof of collaboration or deceit,
the
keeper is not responsible unless there is a written agreement to the
contrary.
4. If the owner asks for his deposit and the keeper refuses to return it
or
lies about having it, he is responsible.
5. Also, if the keeper lends the item to himself or to others or uses it
as
collateral for his personal benefit he is responsible for his actions.
6. If it was deposited by other than original owner, for example
as
collateral. It is not to be returned to the owner without a permission
from
the depositor: verbal, in writing, or through an emissary.
7. It is unlawful for the safe keeper to refuse to give a written
indication
that he has a given item in deposit.
8. If the safe keeper refuses to follow the depositor instructions he is
at
fault. For example if the depositor asks not to show the item and he shows
it,
or if he asks him to give it to another and he refuses, or if he asks him
not
to give it to a person and he gives it, or if he asks him not to keep it in
a
particular place and he keeps it where he was told not to, he is at fault.
9. If a deposit becomes an inheritance for someone other than the
depositor
and the safe keeper did not tell the heir, he is at fault.
10. If the safe keeper intends to travel to a far away place and could
not
find the depositor or his legal representative, he is responsible to leave
the
deposit with the ruler, or with an honest substitute making sure to
document
its legal description like characteristics and/or weight.
11. If the depositor is not found for a period appropriate for his
expected
life span, it is to be returned to his heir. If he has no legal heir it is
to
be given to a trust or charitable organization with permission from the ruler
(authority).
12. It is up to the depositor or the safe keeper to terminate the
deposit
agreement anytime as long as the deposit is returned back to the
depositor.
13. Who ever refuses to end the deposit agreement is responsible for
the
situation, for refusing to cooperate. If it stays with the safe keeper
it
becomes a liability to him.
14. If a safe keeper accepts a deposit from an emissary for a depositor,
it
belong to the owner and not to the emissary and it is to be returned to
the
owner not the emissary. And if he dies it returns to his heirs. It can only
be
returned to the emissary by permission from the owner.
15. If one accepts a deposit to be passed to another for safe keeping.
The
first shall pass it to the designated safe keeper informing him clearly of
who
the owner is and that it is not to be passed to another without the
permission
of the real owner.
16. If two people gave an item for safe keeping to another. The safe
keeper
is not allowed to return it to one without the permission of the other.
17. If a slave or an animal is left for safe keeping, it is
the
responsibility of the safe keeper to feed it and if it dies for lack of
food
or drink, the safe keeper is responsible for it even if he was told not
to
feed it. The owner however owes all expense related to sustaining
the
deposit. If the owner refuses to pay the expense of sustaining his
deposit,
the deposit becomes a collateral for that expense and is kept until
such
expense is paid in full. If they disagree, the word of the safe keeper
is
taken because he was trusted to keep the item. But if the depositor has
proof
that his word is what was agreed to, it shall be taken.
18. It is unlawful to deposit what is not lawful to exchange and what is
not
lawful to receive.
19. The privilege to be safe keeper is void when the safe keeper dies or
when
he looses his mental faculties until he regains it back.
20. If one accepts a stolen item or an item taken by force as a deposit, he
is
guilty twice as much.
21. One who does not care for a deposit as if it was his own property
is
considered like one who committed fraud.
22. The owner of the deposit can ask for restitution as for one who
suffered
an act of fraud.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Agents/Advocates
("Wakeel")
Chapter 30
1. Everything one can deal in by himself, can be dealt with through
an
advocate/agent ("wakeel") including representation in a court of law
(power of
attorney).
2. Advocacy can be absolute in all things or limited to specific item(s)
and
can be done for a fee or free of charge.
3. Any loss to the plaintiff is not binding to the advocate as long as
the
actions were done expediently and without the intention to defraud
4. Advocacy is not valid unless it is requested by the plaintiff and
accepted
by the advocates orally, or through action.
5. It is unlawful for advocate/agent to sell an item belonging to
the
plaintiff without permission and setting a late payment or lower price has
to
be by permission also.
6. If he was told to sell later, he can also sell sooner if there is
no
financial harm in expedience.
7. The agent should not buy an item for his plaintiff unless it was
specified
and the price was set.
8. If he was told to buy an item immediately, he can buy it later (if
it
benefits to wait).
10. If the item he buys is defective, he can return it back as long as it
was
not delivered. If it is delivered, he can not return it without
permission.
11. If he was asked to buy an item from the advocate’s money; e.g. Oil
for
1000 Pieces, he shall buy it for him and keep it as collateral until he
gets
paid.
12. If the advocate buys the item without request, the plaintiff is
not
responsible.
13. If the advocate buys requested item for his plaintiff, he can not keep
it
for himself. Only can he do that by permission from the plaintiff.
14. The agent should not buy for higher or sell for lower than going
price
unless there is a reason like changes of season or if the contract is
with
close relatives of the plaintiff, children, spouse, or parents (with
the
plaintiff permission of course).
15. If the plaintiff asks for an item and the agent bought two for the
same
price they both belong to the plaintiff. Example if he was given a Dinary
to
buy a goat and was able to buy two, they both belong to the plaintiff.
16. If he was asked to sell an item to a person for a price and if
the
purpose was just to sell the item it can be sold to another as long as
it
brings the value sought.
17. If they disagree, the word of the agent is taken because he was
selected
as agent/advocate.
18. If he pays a debt for the plaintiff without proof and if the
debtor
denies he received the payment, it is the advocate’s responsibility.
19. If the agent makes a deposit for his plaintiff, it is better for him
to
use the plaintiff as witness.
20. If one hires two agents for the same thing, none can act alone. They
have
to act together, unless it is a matter of no big consequence, like freeing
a
slave without compensation or conditions or the return a deposit or ending
a
debt.
21. If one buys his servant contract to set him free, he has to mention it
in
the contract.
22. It is unlawful for an agent to use another agent unless it is
with
permission from his plaintiff, or if his plaintiff is present and does
not
object, or for an apparent strong reason.
23. The termination of advocacy can only take place if the plaintiff
informs
the advocate in person. Also it is not for the advocate to terminate
his
service until after he informs the plaintiff and only after an arrangement
is
made for another agent to take care of his affairs.
24. If one of the parties is no longer able to act, like in the case of
death
or imprisonment of one of the parties, the arrangement is considered null
and
void.
25. If the agent looses his mental faculties or looses his eye sight,
the
arrangement is null and void even I the plaintiff was not informed.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Freedom, Slavery, and Setting a Slave Free
Chapter 31
[Slavery is a thing of the past, but even in the time of Christ,
slavery
existed and there is commandments concerning slaves in the New Testament.
The
Bible commanded fair treatment of slaves and in return required them to
obey
their masters. In the USA the declaration of Emancipation of the slaves in
the
famous Gettysburg Address, Nov. 19, 1863, did cost president Lincoln his
life
on the hands of John Wilkes Booth, April 14, 1865. Slavery continued
through
the 19th century and into the beginning of the 20th century. There could
still
be small pockets of slavery in the world today! This chapter is for
historic
record only]
1. All people share in an original given nature of being free. But wars
and
trickery brought in a situation in which some are winners and some
are
losers. The loser become enslaved to winners of war. The Torah (Old
Testament)
states that only those who are not in the faith (gentiles) can be
made
slaves. Because it is written in the Torah that your slaves and maids whom
you
take from the gentiles and the people who surround you are an inheritance
to
you and to your children after you.
2. It is unlawful to sell a slave who is a believer to an unbeliever.
3. The child of a (female) slave is owned by her master regardless of the
way
the child was conceived, through legal or illegal means. If she is set
free
while she is pregnant, the new born is free as a benefit of the freedom
she
gained in her pregnancy.
4. It is lawful to free the unborn without giving freedom to the mother.
5. The new born of a free woman is free even if the father was a slave.
And
even if the woman is enslaved after conception, the new born is free
(because
he/she was conceived while the mother was free).
6. Granting freedom (to slaves) is a virtue like the highest level of
giving
(alms), because it is the virtue of giving another the right to enjoy
freedom
which is the way all should be. It can not be done except by full freedom
of
choice on the side of the giver.
7. If it is based on conditions, it is lawful to sell the slave if
the
conditions are not met. But if he is bought again by same person,
the
conditions are no longer valid unless they are renewed.
8. If it is based on a future time, he can use the slave until that
time
expires and then sets him free. He can also require that the slave serves
him
for a certain number of years after he sets him free. But to require that
the
slave and his off-spring serve the master and his off-spring is not
setting
him free (because of the perpetual nature of the condition).
9. Setting a slave free is to be done by public announcement to
the
congregation, or in the presence of the bishop and/or priest or on the
hands
of three witnesses. If it is written as a will, it is treated like a
will.
10. Setting a slave free can be for a fully owned or for partly owned slave.
Like if one owns 1/3 of a slave, he can free the part he owns. Also, if
he
chooses he can buy the other two thirds for a fair price and set the
whole
slave free. The partners are obliged to sell for fair price.
11. The value of a slave is based on the present value of a slave with
equal
qualifications. This value increases or decreases based on
professional
abilities and age.
12. It is preferred to buy a believer slave than to buy an unbeliever slave.
13. A slave is to be set free for any of the following seven reasons:
First, If one owned his parents or higher level relative, brothers or
sisters
and lower level relatives or anyone that can inherit him for any
reason
whatsoever, he has to set such person(s) free.
Second, If one accepted another through baptism (godparents or eshpeen), or
if
a slave became priest or monk, such person has to be set free.
Third, If a slave was made to join armed forces, he has to be set free,
Fourth, If a slave saved the life of his master by fighting for him or even
by
warning him (of real danger), he has to be set free.
Fifth, If a pregnant woman is set free, her unborn child becomes free,
Sixth, If a slave was captured in a war and returns to his master by his
own
free will he has to set him free,
Seventh, If the master dies and no one to inherit him, the slave is set free.
14. If one frees a slave for the sake of God or even for unlikeable
reasons,
it is lawful for the slave to be set free.
15. If one accepts to be sold as a slave and he was 20 years of age or
older,
he is a slave, especially if he was part of a dowry or if he participated
in
setting the price of his enslavement. But if he was under 20 years of age
and
was free before he was sold, the ruler can set him free.
16. If one sets a slave free, he can bring him back to slavery if it
is
proven to the authority that the person caused his former master harm such
as
calling the master or his off-spring names or conspiring to cause
them
financial or physical harm.
17. It is preferred according to the Torah that when one sets a slave
free,
not to send him empty handed but to give him what will secure a livelihood
for
him.
18. It is undesirable for a free woman to marry a slave and live with him
in
his master's house or bring him to live in her house, because by doing so
she
is subjecting herself to becoming a slave.
19. It is also undesirable for one to take in a slave of another or to
buy
such persons because the slave belongs to the original master.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Imposed Guardianship (Power of Attorney)
Chapter 32
1. Imposed Guardianship can be due to one of two reasons:
First, The cesation of the mind to function normally and rationally due
to
psychological reasons as in madness or physiological reasons as in
mental
retardation, or defficiency which can be manifested in behavior
showing
immaturity of the mind for young mentaaly disabled or senility for
older
persons whose mental abilities has weakened. Also another group of
mentally
not capable are those who have mental ability but do not use it or when
they
use it they use it to cause harm to themselves or to others. Also some of
the
mentally deficient are those who are wasteful and unwise in handling
their
financial affairs. Also those who are unwise in the things relating to
their
religous affairs like those who are foolish in the way they dress, use
banned
substances, and indulge in bodily desires. The charactrisitcs of the
unwise
are counter to those of the wise.
Second, If one refuses to act wisely concerning his well being and
his
property also those who are enslaved.
2. The one under imposed guardianship: mad, crazed, young mentally
disabled,
or old mentally impaired, is not permitted to take actions concerning
a
contract, or important decision for himself or for others. But if he
was
unwise, he can act for himself but not for others. In either case one
needs
the approval of the guardian for making decision.
3. If he was a slave, he needs the approval of his master for
making
decisions. But if he is set free, he is responsible for his action.
4. If the person under guardianship is sick and makes a lawful (through
the
guardian) will, it is binding. But if he decides to change it, it has to
be
ruled on by authority.
5. In most cases, the guardian is the father (parent), if the parent
himself
is not under guardianship, then the bothers from the older to the younger,
the
grandparent, the uncle, the cousin (son of the fathers’ brother). The
wiser
is recommended over the other ahead in family relation.
6. If one looses his mental faculties, his full of age wise off-spring
is
favored to be his imposed guardian.
7. But after the off-spring, the father (parent) of the person is the
logical
choice for guardian.
8. If none is found (from the family) to be guardian, the ruler
(authority)
has to appoint a qualified and honest guardian under the supervision of
the
authority.
9. It is unlawful for the guardian to sell any of the property of the person
in his custody for less than fair value. And not to loan out or sell for
later
payment without a proof and/or collateral. And not to loan anything
belonging
to the person without a strong reason and obtaining a collateral to safe
guard
the property of the one in his custody.
10. If they disagree, the word of the guardian is taken unless the
person
(under custody) has a proof otherwise.
11. If the guardian claims that he spent the money of the person in
his
custody on the needs of that person or if he claims that a loss was
not
intentional his word is taken.
12. But if he claims that he gave the person all his property when the
imposed
custody ended, the guardian has to come up with the proof.
13. The guradian has to spend on the person according to what is
customary
and ordinary for people of like situation and according to the
available
funds. He is not to deny him necessities which are: food, cloths,
shelter,
marriage if appropriate for his situation, a vocation, and education.
14. The guardian is to care for those whom the person in his custody
is
supposed to care for as well. These could be parents, siblings, or
slaves
(servants).
15. It is lawful for the ruler (authority) to treat a person in debt like
one
who is under imposed guardianship, and command him not to spend except
for
essentials of food and shelter until he pays his debtors!!!
16. If the indebted declares debts other than the one for which
the
guardianship is imposed, such debts shall wait until the previously
declared
ones are paid in full.
17. Imposed guardianship ceases if the reasons for imposing it cease
to
exist. Like if the person regains his mental abilities, or if he was
under
guardianship because of young age. In such case he asks the authority
to
remove the imposed guardianship and provide him with certification that he
is
fully capable to conduct his own affairs.
18. It is preferred if the imposed guardianship is based on
authorized
certification to avoid problems related to conflicting actions.
19. Also, it is recommended that removing imposed guardianship be
through
certification documenting the reason for removal through cesation of
the
previously existing causes.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Selling, Buying, and Trade
Chapter 33
Part One:
1. Buying or Selling is unlawful unless the buyer and the seller are
both
free to act and none of them under any imposed guardianship.
2. It can not be done unless the seller is willing to sell and the
buyer
accepts to buy without pressure and when one agrees and the other then
accepts
it can be completed otherwise it has to be called off.
3. If they depart before writing a sales contract or before the price is
paid
and when the merchandise is returned to owner (seller) they can do so
unless
there is a binding witnessed agreement to the contrary.
4. It is acceptable to sell a not available item based on specifications.
When the item becomes available the sale is valid as long as it is
according
to specifications otherwise the buyer can choose to cancel the agreement.
5. A product that is mobile like domestic animals, food, grain, cloths,
wood
products, metals are considered sold when they are transported from the
seller
to the buyer. Valuable items such as precious stones and gold are
usually
handed from seller to buyer at which time they are considered sold.
Fixed
items such as land, gardens, and buildings are considered sold when the
seller
informs the buyer of date transaction takes effect.
6. some sales are not based on written contracts, other are based on
written
contract. In the later case it is legal when the contract is delivered to
the
buyer signed by two witnesses. The more witnesses the better. The
contracts
can be a form contract (warraq) or by a scribe {katib) with the signature
of
the seller following the signature of the scribe. The book (contract)
shall
acknowledge the sale and describe the conditions of the sale,
specifications
of the sold item, identify the price and payment terms which can be
immdeiate
or deferred and if deferred the deferment period.
7. If it is without contract a down payment is usually considered a proof
of
sale. If the down payment is accepted it is an indication that the terms
are
acceptable to both sides.
8. If the buyer changes his mind, he looses the down payment. If the
seller
changes his mind, he has to return double the down payment.
9. If the sale is for immediate payment, it is considered complete when
the
buyer makes the full payment and the seller hands the merchandise.
10. If the sale for deferred payment, the seller has no choice but to
hand
the merchandise and wait for the period specified in the payment agreement
(to
be paid).
11. It is not necessary to know amount or price of substitution at the
time
of sale, it is to be determined later if it becomes necessary.
12. If the price is fixed it is better to identify the currency it is
based
on; e.g. Egyptian (Massry), Cesarian (Caiseria or Soor), .. etc. If
currency
is to be exchanged, it is better to find out rate of exchange in advance.
13. It is necessary to specify the goods sold accurately. For example if
a
garden is sold it is important to specify if it is sold with or without
the
fruits for the year of sale or if what is sold is the fruits without
the
trees, .. etc. If a house is sold it is important to specify if the
building
alone is sold or if the building and contents are sold. These examples
are
commonly known to the public and are used to illustrate the importance
of
accurate specification.
14. If a basic item was sold only without the fruits like trees without
the
fruits, it is the responsibility of the seller to claim his fruits and
take
care of watering and feeding and transportation of what is his.
15. What can be measured or weighted can be sold in lot (without
measurement)
but it is better to use measurements.
16. If one buys in lots and he knows the unit price, he can choose to
take
the whole or as many units as equals his payment!
17. If one buys a lot according to a price per unit and if he finds out
that
he received less units than he paid for, he can choose to take it or break
the
contract. If he receives more units than he paid for he can choose to
return
the excess! Example if one paid 100 pences (darahim) for 100 yards
of
material and if it was found to be less than 100 yards he can choose to
take
it or break the contract. If it is more, he can choose to keep or return
the
extras.
18. If one sees an item he owns being sold by another he ought to speak
up,
and if he does not it is as if he sold it himself.
19. A slave can buy anything he wishes to buy, but all he buys belongs to
his
master!!!
Part Two:
20. If the item spoils (or damaged) before the sale is complete and if it
is
in the hands of the buyer or not the sale is off. If the buyer is the one
that
caused the damages required to pay the price to the seller. If someone
else
cause the damage, the buyer has the choice to call the transaction off and
it
is up to the seller to request restitution from the party that caused the
damage.
21. If it spoils or damaged after the sale is complete even if this
happens
on the day it is delivered it belongs to the buyer and he owes the full
price
to the seller. If the sold item was a slave and lost an eye or a hand or
a
leg, or if it was a house it burned by fire partially or fully, or if it was
a
village and was flooded partially or fully, the loss is that of the
buyer
unless it is proven that the seller cheated or caused intentional damage
to
happen.
22. Every increase in the value of the item sold is a gain to the buyer
only
and none of it returns to the seller.
23. If they disagree about loss of value, the word of the seller is and
his
solemn oath are taken. But concerning increase in value, the word of
the
buyer and his solemn oath are taken.
Part Three:
24. Choice (option) buying is to say that if I like the given item on a
given
date and for a given price I will take it and sign a contract to
that
effect. It is dealt with as a choice not a test.
25. If a period for the option is not stated, three days is usually
and
customary waiting period for goods that do not spoil. The item stays with
the
seller for the time of the option and can not be traded without
permission
from the buyer, but if the buyer refuses to act when the option expires
he
looses the option and owes the price thereof.
26. If the person who placed the option dies, the option agreement is
off.
27. If one buys an item based on specific qualities and if the qualities
are
not there, he can choose to ask for full refund. For example if one buys
a
slave who is supposed to be a prize fighter and was not he can ask for
full
refund.
28. Also if one or his agent buy an item and did not see it in advance,
he
can choose to return it if it is not what they thought it was.
29. It is adequate for buying some items based on visual inspection
to
examine a sample. For example buying large quantities of oil or grain
or
folded lots of cloth material.
30. If a fault was found in the item (through inspection) the buyer
can
choose to call the sale off. He can also accept it for a lower
price
acceptable to the seller.
Part Four:
Concerning Things Not Sold or Bought
42. It is unlawful to sell free people, or to sell a believer to
a
non-believer. It is also unlawful to sell relatives or things that are in
a
charitable trust. In general anything that can not be owned can not be sold.
Also things that are in position as a trust or acting for another. Also
things
that are not controlled can not be sold, an escaped slave, fish in the
river,
birds in the sky, or gazelle (wild animals) in the wild.
43. Also it is illegal to sell what is illegal, for example dead
animals,
animal in its blood (not slaughtered legally), what was killed by a lion,
what
was slaughtered for the idols, the meat of poisonous animals (unless it is
for
purposes other than human consumption). Also vultures meat . Also meat
of
snakes, lions, killer plants, and the many other poisonous meats and flesh
of
insects.
44. It is illegal to sell an unknown when the payment is due, like a sale
of
an item without having its description before the price is determined.
Examples are: the off-spring without its mother (here they are talking
about
things like domestic animals), fruits before they are on the tree, or milk
in
the breast, essences (missk) in the bottle, or honey in the jar!
45. Not legal to sell common use items such as roads, water ways, or
common
wilderness if no improvement was made to it nor effort was made to
transport
it.
46. Can not sell pregnant without its child or mother without new born
for
fear that the new born might starve to death (could be talking about
domestic
animals again!). Also can not sell tool of destruction to one who is to
cause
destruction, like a knife to a thief, or right of way to one who is known
to
misuse it (zoughaly).
47. If one sells what is not legal mixed with things that are legal to
sell,
it is up to the buyer to accept one and refuse to pay for the other.
Example,
if one sells two as slaves but one of them was free, the buyer can refuse
to
pay for the free person since he is not legal to sell! [Here they go
again!]
48. If one buys an item to be used as charitable trust or to be given away
as
charity, he can not sell it back unless he can prove that he
became
impoverished after his initial decision.
49. If one sells a house that is not his, and if the buyer not knowing
built
a structure on the property. The original owner can decide what to do since
it
reverts to him. He can allow the sale to stand if he gets paid what
he
considers the value. If he decide to claim his home back, he can choose
to
remove the structure or pay a fair price for it an leave it standing.
50. The would be buyer also has a choice to buy or remove what he added
and
take back the original price he paid.
51. A guardian or agent is not allowed to buy any of the properties of
the
person in their custody.
52. A ruler is not allowed to buy a moving or fixed property from the
state
he rules unless he pays fair market price and the approval or the
seller,
otherwise it shall be taken away and put for public use. This also applies
to
using agents to do such transactions.
53. It is unlawful to use false/unrealistic conditions for sale. Example,
if
one says that if this cow gives birth and its off-spring also gives birth,
it
is considered an unrealistic condition of sales. Another example if one says
I
sell you this house for fifty if you sell me your slave for twenty, again
this
is considered unrealistic condition. Another example, if one says I sell
you
this salve for 10 cash or 10 deferred, it is unrealistic condition (because
he
is equating cash with deferred payment)!
Part Five:
Concerning What Is Undesirable and Not Allowed to Sell
54. It is undesirable to sell what can cause harm, like separating a
servant
(woman) and her children, especially if they did not reach legal age.
A
servant and his brothers, a servant and his wife and children. Also selling
of
urban (city dweller) to un-urban (villager) and vice versa.
55. It is also undesirable to tell one who already bought and paid, I
can
sell you something better for even lower price.
56. It is also undesirable to tell one who is selling an item for a
benefit
(stress selling) that he has to buy it back little by little for a higher
price.
57. It is undesirable to hold sales on Sundays or on the days of the
Lords
Feasts, but if a sale was held on those days, it is to be completed.
58. It is undesirable to inform the seller (falsely) that his product is
not
in demand to gain advantage and drive the price lower.
59. If the seller detects that (he is being deceived) he can choose (not
to
sell).
60. It is undesirable to tell exaggerated sales reports and to buy for
a
price and sell to partners for a higher price, like if one buys for 10
and
sells to his partners for 20.
61. Every thing based on deceit in buying or selling is undesirable.
62. It is unlawful to fix prices or control supplies to drive prices up.
Also it is unalwful to control essentials supply to drive its prices up.
Examples of essentials are food, drinks, clothes, houseing, and what is
needed
for maintaining profession (light industry).
Part Six:
63. If a negotiation develops, repeat sales for same price is desirable.
Repeat sale for lower or higher prices is not desirable. But if the
product
develops a defect, it can be sold for lower price as if it was a
different
transaction.
64. If the item looses some of its value, it is possible to reduce the
price
proportional to loss of value if negotiation develops. If the product
looses
all value, all negotiations are ceased.
65. If Gold (meaning valuables) were found in a hidden place in a house
after it was sold, these valuables belong to the previous owner (the one
that
sold it).
Part Seven:
Money Orders/Financial Guarantees
66. It is improper to have a financial order unless both the one giving
and
the one receiving such order agree to such arrangement. It require the
proof
of financial ability of the one giving the order and the approval of the
receiver of the order to accept such in lieu of money.
67. If the one making the financial order does not have the funds to
cover
it, it is up to the receiver to accept or reject the transaction. If he
accepts, it is assumed that they agree on a future time when the funds
will
become available.
68. If the order is through a third party the rights of the receiver are
the
responsibility of the third party (like a lending institution or a bank
today).
69. If a seller uses a financial institution to complete a sale, and if
the
buyer returns the product the money reverts to the financial institution
and
not the buyer.
70. But if it was returned partially or fully because of a fault, the
seller
owes the money to the financial institution/third party.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Forced Actions, Extortion/Coercion
Chapter 35
1. It is illegal to Force one to depart the faith. It is desirable if
one
tolerate pain for maintaining the faith. If he dies in order to keep
his
faith, he becomes a martyr. And if he survives, he is called a confessor,
his
rank is second only to the martyrs and is more closer to the martyrs as
he
endures more and believes more.
2. If one is being forced to commit wrong deeds or disobey commandment, it
is
recommended that one endures the pain and do not disobey the
commandments,
especially if the wrong involves killing or fornication.
3. It is not proper to accept forced action without enduring the pain
and/or
harm and it is expected to resist more if the wrong deed is greater. There
is
punishment that awaits those who cause disobedience or force the commitment of
sin.
4. If one is being forced to commit killing or fornication, one ought
to
resist and in particular with one that is forbidden from marriage.
5. If one is being forced to sell what he owns or buy what he does not
desire
to buy, to rent what he does not want to rent or lease out what he does
not
want to lease out, he is being forced. If he can later own choose let
him
choose what he desires to leave things as are or to break the forced
agreement!
6. The one who is forced is a guarantor of what is committed to him. If
it
spoils or is damaged he is responsible for it!
7. If after being forced, he has a choice, he should deal fairly in
the
situation selling, buying, or accepting the situation as is!
[8-12 Ommitted]
Extortion/Coercion:
13. Anything taken by force/extorted has to be returned five folds, or
at
least four folds as mentioned in the Torah (bible, probably referring
to
Zakeous promise to the Lord). The book of tatalloss (Kings Laws) chapter
39
states that the thing that is taken by force has to be returned back. If
it
exists no more, a similar item is returned, if the similar can not be
found
the fair value is given for the item based on the value at the time of
taking
it and accounting for any change (increase) of value at the time of the
trial.
14. The embezzler is a guarantor of what he took by force, he is
responsible
for any loss. If he changes the item he took by force, he is responsible
for
compensating for the full value at the time the forced action was
committed.
15. If it was a domestic animal and he fattened it or a slave and he
taught
him a trade, when it is returned back it is up to the original owner to
accept
the benefit (increase in value) or donate the increase.
16. If they disagree about the value of the increase in value, the word
of
the owner is taken. If the item spoils or is damage while in the control
of
the one who took it by force, he is responsible for the loss. But if
the
damage is out of his control, he is not responsible !!!! [I dont
understand
last statement]
17. If the item was money, it is desired to donate any accrued interest
when
it is returned back!
18. If one damages the clothes of another, he owes the loss of value, but
if
it is beyond repair he owes the price of a similar one.
19. If one takes a white piece of cloth by force and dyes it. He owes
the
price of a similar value item, or if he returns it, he owes the cost of
dying
it again.
20. If one sells, donates, frees, give to a charitable trust, allow to
marry,
or marries what he extorted/coerced he owes its return. The difference
between
forced action and extortion is that in the first one owes value in the
other
he owes value and penalty!
21. If he can not pay compensation at once, he has to pay what he has of
its
value and pay the rest of it in installment payments.
22. If he donated or gave to a charitable trust what he extorted, the
owner
is entitled to an agreement stating his rights and he can choose to ask
for
compensation or bless the charitable status of the item which was taken.
23. If he extorter allowed marriage or married what was extorted, the
owner
can request the value immediately or in installments.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Rentals & Long Term Lease for Use
Chapter 36
1. Rental is the cost of use. Rental contract is a use contract
with
compensation. What can be sold for a price can be rented for a price. It
is
possible to exchange use for use.
2. It is legal to rent anything of use and is valid for any two parties
who
can engage in a sale contract.
3. It is not proper unless the renter and renting agent (owner) agree
and
both the use and rent price are both known and achievable.
4. The use can be measure by time or distance. For example a house is
rented
for residence (for a period of time) and a riding animal is rented for travel
a certain amount of time or a certain distance.
5. If the rental is for use it should be stated as such. For example a
tailor
can be rented to sew a robe or an animal rented to carry a load.
6. Also rental can be based on a benefit. For example a man rents a piece
of
Egyptian agriculture land, the rental is completed when the water of the
Nile
covers it and it produces harvest.
7. The renting agent (owner) has to provide what makes it usable. For
example
the key to the house to be able to enter and use it. He also has to
prevent
what makes it unusable, and also to provide necessary accessories, for
example
a saddle for the rental animal.
8. But other tools are responsibility of the renter, for example a bail
and
robe to use the well.
9. It is improper to rent illegal items such a women who weep (an
old
Pharonic custom to bring weepers to funerals to lead the women in
weeping
their loss), and sorcerers. Also it is illegal to rent money because this
is
high interest lending.
10. The rental is due based on agreed conditions or what is customary
for
similar situations, but to accelerate payment it has to be for
acceptable
agreed on reasons. It is not for the bleacher, tailor, baker, and those
in
similar professions to ask for their wages before they complete their
work
unless there is a prior agreement to the contrary.
11. The owner of a house has the right to receive the rent without asking
for
it even if the renter did not start to reside in the house yet. Rent is
paid
daily unless it is agreed or commonly collected monthly.
12. A tradesman can hold an item until he is paid for his work, like
a
bleacher (holding a dress) or a jeweler (holding a piece of jewelry) until
he
is paid.
13. If the item is damage without intention to cause damage, the tradesman
is
not responsible, but he looses his wages.
14. If one rents an item and it is damaged while in his possession and if
the
damage in unintentional he is not responsible for the damage.
15. But if the damage is due to misuse, he is responsible. For example if
it
was forbidden to expose it to fire and he did expose it to fire he
is
responsible.
16. If the renter agrees to avoid certain uses of the rental house and
he
does he is responsible. For example if he agree not to do grass and he does
he
is responsible. [Are they taking about growing grass or smoking pot!
(Arabic
la yaamal fi almanzel hasheshaan!!!)]
17. If a ship captain exceeds weight capacity or sails in bad weather without
the permission of the owner he is responsible (for the damage/loss)
18. If a man takes a stone to carry or to carve and he broke it because
of
lack of experience he is responsible otherwise he is not.
19. If a rat damages material given to the tailor (to be made into cloths)
he
is responsible. Also if one pushes something that belongs to another even
if
he did not mean it is considered negligence.
20. If the renter or worker could defend the property from forced robbery
and
he does not he is responsible.
21. If an owner rents out an item that is damaged or can cause damage
and
does not tell the renter about the damage he is responsible for the loss.
For
example renting cracked storage containers or a pasture whose grass or
water
are harmful.
22. If one is paid to watch or guard an item he is responsible for
losses
caused by neglecting the duties of the job.
23. It is possible to rent a house without having a clear use in mind,
but
any use should not cause the building any harm or change what it is
intended
for without permission. For example if the building is intended for a
dairy
product shop (dokaan labaan), it can not be used as shop for food
cooking
(dokaan tabaakh).
24. It is possible to lease agriculture land without declaring the type
of
crops as long as the crops planted are customary for similar land.
25. If the lease expires, it is up to the owner to ask the renter to
remove
any additions to building or any crop planted or to accept renewal of
the
lease. If the owner doe not want removal at the end of the lease contract,
he
has to pay for any additions.
26. It is legal for the owner to sell the leased item while still
under
contract and settle the rental difference unless it is agreed that a
condition
of sale is to make the lease contract null and void.
27. If the item is sold to other than the renter with full disclosure,
the
renter has the right to complete the time period of the lease.
28. If the potential buyer was not informed of lease contract, he can
choose
to continue with the sale or break the agreement.
29. It is allowed to rent riding animals for riding or carrying
loads
according to what is customary for similar situations without declaring
who
will ride or what types of loads to be transported.
30. What the renter agrees to type or amount can not be changed unless it
is
substituted for with a less harmful item (item with less impact). For
example
if the contract stipulates transporting a ton of cotton, he can not under
same
contract transport a ton of iron. Also if he changes the weight of cotton
it
has to be for something weighing less.
31. If one leases an animal for traveling a certain distance, he can
not
increase the distance traveled unless he informs the owner in advance and
has
his approval for the increase.
32. If the renter removes/uses any of the supplies provide with the
animal,
he has to replace what is removed or compensate the owner unless they
have
agreed otherwise.
What Voids A Rental Contract
33. If the rental period expires, the contract is void, and item
becomes
due. Also if the contract is spoiled faased (violated)
34. If one rents a house and finds out that it has defects that can harm
the
use or the user, the contract is void unless a correction is made.
this
applies to all utilities.
35. If the renter or the owner dies, the contract is void if it was
limited
to the person alone, but if it involves others it continues.
36. If one rents a house monthly for a dinaar without stipulating length
of
lease contract, the owner after a month notice terminate the contract.
37. It is proper to write a lease contract for a fixed number of days
after
which the contract terminates.
38. If the rental property is taken away or became unusable, the contract
is
accordingly terminated.
39. Visible reasons/excuses can terminate a contract and stop the rents
from
the time the reason is evident. Reasons The sum of all visible reasons
for
terminating contracts is the ability to use no more.
40. Some of what makes a rental property no longer usable includes debts
owed
by the owner causing him to relinquish it or if he suddenly decides to
donate
the item or put it in a charitable trust.
41. If one who made himself or his riding animal for rent escapes, the
renter
can search for him and if he finds him he can turn him to the
rule
(authority). The authority can make him sign a debt certificate for what
the
renter had to pay, like if he had to feed the animal in his absence.
42. The same applies if the renter can no longer use a house he
rented
because he had to move, or one who could not use a riding animal because
the
journey was canceled, or one who rented a shop and could not use it because
he
lost his capital, or one who rented (hired) a breast feeder and the baby
for
which the service was needed died, or the baby refused to feed, or the
feeder
refused to render the service!
43. It is possible for a renter to rent what he rented to another for
an
amount equal, less than, or greater than the rent he pays unless there is
a
condition in the contract to the contrary.
44. If one deposits a collaterak because of bad (crop) years and if
the
situation turn to good (crops) years he can claim the collateral back.
Also
if the bad crop year is the last year of the rental contract, the
collateral
can be waved.
45. If one puts a collateral for an item, he is not responsible for
extreme
acts of God (nature) but only for customary ones (losses).
46. The one who puts collateral and shares in the business shares also
in
profit and loss.
47. If one is guarantor of an orchard and decides to move out, he
still
responsible for it for the full period of the guarantee.
48. If it was agreed that he takes care of it, he has to find a
qualified
replacement to do the work (in his place).
49. If some rented a place and were absent for many years and as a result
the
necessary maintenance work, like roof repair, was neglected; it is valid
for
the owner to consult some of the leaders of the community (wegooh) and
what
they decide to be done shall be done at renters expense.
50. If the work was disrupted because of earthquake (acts of nature), the
owner is responsible for the outcome.
51. Rental can be to the end of life of the renter, for long term leases
for
use (hikr) or to an agreed period not to exceed 30 years. [Is that where
we
got the 30 years mortgage concept!]
52. If one is a guardian, he is prohibited from both regular and long
term
lease privilege for the items that he is charged with as part of
the
guardianship. That also includes any attempt to use an agent to act for
them.
53. If one of the honorable people is not able to pay his taxes, it can
be
paid through the sale of some property in which case it is the duty of
the
ruler/tax collector (raiis) to hold a council to determine in writing that
the
sale was necessary. The council shall be in the presence of bishops,
deacons,
and laymen (as witnesses).
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Highways, Roads, Courts, Home Renovations,
Waterways, and Water Channels
Chapter 37
1. It is not allowed for one who is in joint ownership of a house to
renovate
without asking the opinion (approval) of the other partners.
2. A common wall can not be removed or built without the opinion (permission)
of the partner.
3. It is not legal for one to build an oven or a stove next to a common
wall
because the fire might damage the (common) wall.
4. If one builds a kitchen that can send smoke upward and can harm the
people
in the higher floors of the building, he can be prevented from sending
the
smoke up unless there is a prior agreement.
5. It is not proper for the people who live on upper floors to throw water
or
trash down, because this can harm the other residents on the lower floors.
The others can prevent doing such things because it is not for one to do
in
his house what can harm his neighbors. This is applicable to all kinds
of
stinks! [I wish people in developing countries can follow these simple
old
advice]
6. One can raise a ladder next to a common wall if the ladder does not
cause
harm.
7. If a place is naked (lacks privacy), no one can object to building a
high
wall to give it privacy. Also, no one should prevent his neighbor from
opening
a door way to have access to the street as long as the new opening does
not
harm the street.
(Concerning Distance and Spacing Between Buildings and Orchards)
8. If one wants to build a fence/wall it should be at least one foot
away
from his neighbor. If one builds a new house it should be at least six
feet
from the neighbors. To build an underground hiding place, it should be as
far
as its depth from the neighbors. Digging a well should be at least one
baa
(yard) from the neighbors except if his digging in the same location, this
is
not advisable. If one plants fig or olive trees, he should be at least
nine
feet from the neighbors. Other trees can be only five feet away.
9. If one has a tree in his house property and the root of the tree
extends
to the neighbors , the authority can ask the owner of the tree to cut
it
(remove it).
10. If one builds a house facing another house, they should be a distance
of
at least twelve feet from base to top all the way.
11. If the house increases in height, the neighbor can do likewise. He
also
can add windows for both new and old buildings.
12. Even if one satisfies the twelve feet rule, he still is required not
to
block the view of his neighbor. If the view includes see side, one should
be
able to see the sea side without having to bend.
13. If the distance between the building is hundred feet or more,
the
blocking rule is waved.
14. If one builds a house on a court or narrow street, he has to keep
a
distance of twelve feet as a minimum access and he can not add it to his
house
(public use). If there is more than the minimum distance, it is advised
to
leave it for the city (for future improvements).
15. If two houses were already build without keeping the recommended minimum
distance. None can be allowed to increase building height or add new
windows.
16. If the distance is no less than ten feet (fails the previous
condition),
they can open small windows to improve lighting conditions only.
(Part Concerning Renovation and Rights of Service)
17. If one is renovating (rebuilding) a fallen house, he is not allowed
to
build it higher or in a way that can block the light or cause harm to
the
neighbor, and if the changes can cause harm he is required to rebuild exactly
according to old form.
18. One who is entitled to more utilities in his house (water, sewer, ..
etc.) can choose to receive such higher level as long as it does not
over
burden the utilities (affect the rights of others).
19. If one boards openings for lighting for a period of ten years or
more,
the neighbor can make improvements to his building including building
more
floors even if they encroach on the other, because he relinquished his
rights.
20. But if the first opened the light passages before the latter
made
improvements to his, the latter can not make improvements the encroaches
on
the rights of the first.
21. If you allow me to place wooden building elevators on your wall so I
can
complete renovation or addition to my home as a favor, and if I do remove
my
wood within a ten years period as required and fill the holes , I continue
to
have the right of service to do the same again. But if I do not remove my
wood
within ten years, you have the right of confiscation (since I neglected
to
restore things to original condition). [It took much longer to do
construction
work than it takes these days!]
22. Now, I can come back 20 years from the time I used the privilege and
do
the same again with no objection (regardless of the previous behavior).
23. Boundaries and property judgments are valid for long periods of time
up
to 30 years!
24. One is not supposed to pile trash on a wall owned by another unless
he
has approval of the owner.
25. Also, it is no legal to send smoke from a kitchen or a bath
without
permission.
26. If it is necessary to repair a common (joint) utility, each has to
repair
his portion to the neighbors boundary line, (then the neighbors takes
over
until all repair is done).
27. If one of the partners pays of his own funds to repair a joint
canal
(water channel) he is entitled to request fair share from the other
partners
(users).
28. If your wall leans 1/2 foot into my property you are required to
repair
it.
29. If one opens a viewing area in a wall that is not his, he is required
to
return it to original condition at his own expense.
(Part: Water Rights):
30. Those who own low lands have a duty to facilitate the flow of water
down,
in return they gain the right of using all the benefits of water
passage
(water and rich soil).
31. Watering that is regulated: once a summer (season), once a month,
or
according to whatever schedule is to be used according to regulation
only.
32. Also roads that are regulated can only be used according to
regulations,
like a certain hour or a certain number of times per day or night. Use
shall
cease until the appointed time for use comes again.
33. If a water spring dries up and after a period replenishes itself,
its
usage shall be according to the past rules.
34. If one allows you to use his water source, he has to give you the
right
of way to reach the water source. This right can only be used for
that
purpose.
35. If you give one privilege to use your land as a pasture for his
animal,
he is entitled to the privilege of building a hut also.
[The manuscript skips 36 .. 42?]
43. If one who received a privilege passes such benefit to another it is
up
to the owner to prevent it within 10 years otherwise it becomes a
given
right. If the owner is absent he is given a total of 20 years to object.
44. But if the original owner was not aware of it (unauthorized use), it
does
not becomes a right unless 30 years have passed. But if he was absent,
a
number of years equal to the period of his absence is added.
45. If one was incarcerated even in his own house, there is no time limit
for
his right to request restoration.
46. Mobile belongings held in possession for three years with no one
making
demands for it becomes property of the holder!
47. If I sell a parcel of land with the promise to provide means
of
delivering water, the contract remains valid if I meet my obligation
otherwise
the sales contract is not valid.
48. If the old owner could not prevent the passage of water through his
land,
the new owner can not change the situation (he has to accept what
was
customary before he bought it!)
49. No one should do renovation which can cause harm to others.
50. Every right (privilege) not used for 10 years if present, 20 years
if
absent, is lost except the way to the tomb (right of burial!) which is
not
limited by time.
51. These periods are increased by the time of imprisonment for prisoners
of
war or the time of sickens for those who suffer mental disease or become
ill.
52. If one is under arrest even for a crime does not loose his rights
(given
extra time as in 51 above).
53. If one has a right, he has all the benefits that are a result of it.
54. It is illegal for anyone to spoil (cause damage) to city streets
or
courts. One who does that is responsible to return it to its
original
condition.
55. The space (distance) between houses (buildings) is at least 12 feet,
from
bottom to top.
56. It is not for anyone to block the view of the sea from another unless
he
already 100 feet away.
57. If one wants to build a fence/wall it should be at least one foot
away
from his neighbor. If one builds a new house it should be at least six
feet
from the neighbors. To build an underground hiding place, it should be as
far
as its depth from the neighbors. Digging a well should be at least one
baa
(yard) from the neighbors. If one plants fig or olive trees, he should be
at
least nine feet from the neighbors. Other trees can be only five feet away.
58. To settle property rights, rulers have to refer to property records
and
what is customary and known.
59. If a road is spoiled (damaged) because of earthquake or water
(flood),
the property owner closest to the damgaed area is obligated to return
it
original condition.
60. A common water channel is to be repaired jointly, each user what
belongs
to him (his share).
61. One who repairs old houses should not excceed its original form
and
should not obstruct the lighting of neighboring properties unless there
is
agreement to do the changed form.
(Part What Is Mentioned in the Kings Rules Concerning (Property
Protection)
Measures):
62. If one leave on the road an object that cause harm, he is responsible
for
correcting the damage. But if he caused partial damage, he is responsible
only
for a part.
63. If another forced him to this action, he is not responsible.
64. Also, if the one that was harmed did knowingly pass, the one who
placed
the object is not responsible.
65. Also if the object is (on a road) within the boundaries of his
property,
he is not responsible.
66. If a wall tilts towards the road and the owner was asked to remove it,
he
is responsible for any damage caused by the tilted wall if he did not
remove
it within a reasonable period considered sufficient to complete the
removal
work.
67. If the wall tilts towards a home, the owner of that home is one to
ask
for the removal.
68. If the wall was common between three, each owes one third of the
cost
(equal cost for equal shares!)
69. All the above mentioned can be referred to authority of violations
occur.
70. Land that is not useful for lack of water or too much water (swamp)
and
no sound of people is heard in it from near by development (has not
been
considered for building site for a long time) can be claimed by one
who
intends to make it usable.
71. If it has the remains of buildings it can be renovated and a roof put
on
it.
72. If it does not have remains of building can be fenced and a gate
is
constructed for the fence.
73. If it was farm land it can be reclaimed and water is bought into it.
74. If there is potential for wells or springs they can be dug.
75. If there is abandoned mines it can be re-established.
(Part: Misc.:)
76. What can not be subdivided like bathrooms, mills, or wells has to be
sold
to one of the partners in a joint property. Or it can be leased if one
decides
to sell out because a partner has first claim rights before outsiders
are
considered as potential buyers.
77. If the partner was informed and decided not to buy or lease, the
next
door neighbor is given the option. If he also refused it is recommended
to
sell to a charitable cause or to form a charitable trust before
considering
outside buyers.
78. Priority is to partners according to their shares, then
neighbors
according to their needs and/or potential harm caused them (by a sale
to
outsider).
79. If the owner already engaged in a contract with an outsider and it
became
known to one of those who have priority, he can match the offer and it
shall
be ruled in his favor and he shall get it (the shared utility) and the
outside
contract shall be considered null and void. If they disagree the word of
the
priority person is taken.
80. If the one who has priority is late in meeting contract conditions,
he
looses his first claim right.
81. The same is true if (municipal) trial (related to property settlement)
is
delayed without an acceptable excuse.
82. If the one who has first right of claim dies, his claim is longer valid.
But if one of the other parties dies, the first claim right is still valid.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Money Lending
Chapter 38
1. A loan contract is valid between those who can legally engage
in
transactions related to that fund. It is not legal unless the amount of
money
is specified and interest amount is also specified as a shared interest!
or
otherwise.
2. It is undesirable to have different interest amounts for different
types
of loans because this can encourage greed./cheating.
3. It is not proper to refuse to accept payment prematurely, it is
valid
however to limit the time for which it is extended.
4. A loan operator (officer) shall act like a businessman. He should not
sell
(lend) for lower than going rate, or later dues date, or change terms
of
already extended contract. He also should not buy loans for a price
greater
than the value of similar transactions or what is common and customary (going
rate). He also should not risk loosing the money by carrying it in his
travel
or treating it as personal funds. He also should not sell funds that
exceed
the capital or buy loans more than the ability of the business. All
his
actions shall be with the permission of the owner of the capital.
5. If the operator travels for business, he is entitled to travel
expense
according to agreement with his employer. If they do not have a travel
expense
agreement, he should charge based on a percentage of the profit and if
there
is no profit he is paid from owner capital funds.
6. The loan operator is the deputy (agent) of the owner of the capital ,
he
has the final word in determining loans and interest rates as long as
he
represents the owner interest properly and there is no proof to the
contrary.
7. It is preferred if there is a written contract stating capital funds
and
expected gain and the percentage of profit to be paid the operator. The
owner
can choose to terminate the agreement as he will. Also, he operator can
choose
not to continue with the task but if possible wait until the owner can
take
care of his business or hire a replacement.
8. If one of the parties dies or looses his mental power the
(employment)
contract is null and void.
9. It is also possible for the owner and operator to share (in the
lending
business, become partners). But if one asks to pull out before partnership
is
executed, it is valid to do so.
10. If the lending business is owed money, the operator has to collect it
at
once. If it owes money the operator has to pay out before everything else
(can
not take profit before paying debts!) [Tell that to US Treasury and
Wall
Street!]
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning (Public) Confession/promise
Chapter 39
(First: The Confessor):
1. If one who is free and of full age confesses a crime he should be
punished, and if he confesses a debt he is required to pay it.
2. It is not proper for one who is under restriction/detention because
of
young age or mental illness to confess a crime or debt. (It is
the
responsibility of the accuser to prove legal age or soundness of mind
to
obtain confession). It is proper to ask confession from those who
are
restricted/confined for any other reason and can receive punishment or
asked
for payment.
3. If the detention was for bad behavior confessing debts is improper. If
the
detention is caused by failing to pay previous debts, it is not proper to
hear
the confession immediately, but wait until the previous debts are paid.
4. A slave can confess debts and if it was without permission (from
his
master), he owes it when he is freed. But if it was by his masters
permission,
the master owes the money. Otherwise, it can be taken from his earnings,
but
if he has no earnings as a slave, he owes when he is freed.
(Second: Who Receives Confession):
5. The one who receives confession must be of sound mind and he should
not
impede or falsify the confession. He should not receive personal gain from
the
confession. In confession related to a womans pregnancy the receiver
of
confession is not required to accept (verify) the facts.
6. Funds in the form of inheritance or will provided by one who
confess
(causing) the pregnancy are accepted if the child is live born.
7. If money is confessed for a young or mentally ill person it shall be
made
certain they receive it.
8. if money is confessed for a slave it belongs to his master!
9. If money is for a monastery it belongs to those who reside therein.
(Third: What Is Confessed):
10. It does not have to be built or owned by the confessor. It is proper
to
confess unknowns or not owned. If it is owned, the confession is null
and
void. For example if one says my house which is my own and I reside in
it
belongs to so and so, he is contradicting himself because what belongs to
one
can not belong to another at the same time. Also the item has to be in
his
possession (under his control). One can not release the slave of another.
(Fourth: Wording and Meaning of Confession):
11. Wording: If one says: I confess that I owe so and so such and such
amount
or if he says: Trust me I owe so and so, or if he says: I do not deny that
I
owe so and so all these are common wordings of confession acceptable by
the
public. If he says I confess and will not deny that I .. this is wording
of
confession now and in the future. But if he says: take weigh this or cash
this
... these are words of sarcasm and can not be treated as confession.
12. Meaning: If one confesses an item or money owed without specification
of
value or amount, he has to follow with quantitative short description. If
he
calls it much he has to say how much. The least of much is ten Dirhams!
13. If he says Dirhams, the least is three. If he says so so (Kaza
Kaza)
Dirhams, the least of which is eleven. If he says so and so (Kaza Wa
Kaza)
the least of which is twenty one. If he says he has on me or he has in
my
guarantee he is confessing a debt. But if he says: In my possession for
him,
or in a box in my house for him, or in my hand for him he is confessing
a
deposit or a pawned item.
14. If one adds to a word of confession a word of full or
partial
contradiction, the confession is fully or partially false. For example if
one
says: this house for you but the furnishings for your son or if he says:
this
house is for you but you can not reside in it or if he says: this house is
for
you but you have to pay for it All these are contradicting confessions.
Confession is also not valid if the context proves to be false
or
unrealistic. Like if one in a confession refers to one as his son and they
are
close in age, or if he says this is yours but it is known to the one
receiving
the confession reasons to the contrary. Also a confession can be disputed by
the legal heirs.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Financial Wills
Chapter 40
1. The will is the stated opinion of the individual who issues it for what
to
be done with his wealth after his death. and it is referred to in the
sayings
and actions of the profits and wise men. For example, Isiah the prophet
told
king Hezekiah on the command of the Lord God: Advise your children because
you
will surely die. Many wise men advised a multitude of people to will
things
for the poor and to set charitable trusts for those in need and those who
are
not in need also (charitable gifts).
2. The will takes effect only after the person dies, it has no effect while
he
is still alive as the Apostle Paul said.
3. Wills can be in writing or without (verbal). If it is in writing, it
is
complete if it is in the hand writing of a scribe or the author of the will
and in the presence of witnesses, and the will and their witness are on
a
single original (no copies) document. The witnesses can be seven or five
if
possible. Three or at least two witnesses are acceptable (but not desired).
It should include the date it is written, the names of the beneficiaries.
He
says in the will I made so and so my heirs in his own hand writing. If he
was
not a writer the witnesses can do the writing for him. It should mention
the
author of the will the beneficiaries and the one who wrote it. The
beneficiary
and executor should not write the will. A will not in writing is as
such
because of strong reasons and must have witnesses.
4. It is not legal to have a will written by the beneficiary.
5. It is required that necessary expenses following death be taken
out
first. This includes funeral, burial, outstanding loans, and taxes owed.
6. It is not proper to ask about the execution of the will for nine
days
following the death (of the author of the will).
7. A will is null and void if the author of the will retracts it (in
his
life) by firm word or deed. For example, if one sells a property , frees
a
slave, or marries a maid. In general the action of the author of a will to
rid
himself of a property which is the subject of a will revokes the will.
Also
if the object of the will is given to the beneficiary before the death of
the
author, the will is revoked. Also if he gets rid of it in his life it can
not
be claimed (by beneficiaries) after his death.
8. If superseded by another which is more recent than the first even if
the
more recent is verbal and the earlier was in writing.
9. If the author leaves debts which exceed the value of the items in
the
will.
10. It is also null and void if the beneficiary violates conditions of
the
will or conspires to kill the author of the will using poison or
otherwise.
11. If the will is related to succession to a throne and the successor
is
different than the natural heir without a witnessed will that has
clear
explanation of the deviation with clear statement of the name of the
author,
the beneficiary, and the object.
12. Authoring a will is proper only if the author is of full age, free, and
of
sound mind as was explained in the Chapter on Custody. If the beneficiary
of
the will is not of legal age, a custodian (executor) is appointed and named
in
the will.
13. As long as the heir is a child (not of full age) he is no different
from
the slaves although he is the master of them all. He is under the custody
of
the custodians until the time appointed by his father!
14. If one who is under age, or under custody, or a slave, or not of
sound
mind makes a will, it is not valid even if at the time of execution he became
qualified (because it was done under wrong conditions). But if a person who
is
blind from birth or later in life is not restricted from authoring a
will.
15. The born dumb or deaf can not author a will. But if he became dumb
or
deaf later in life if he can write, he can author a will. The
(mentally)
disturbed can not. also the slave unless he has his masters permission.
16. If one is a skilled writer and wants to write a will stating the
rights
of his children let him do that (in his own writing). Also if he wants
to
write a will concerning the rights of his wife or others that are from
outside
(immediate family) let him do that and by the signatures of the witnesses
it
shall be known that it is true.
17. If he changes his mind about what he stated in the will, he has to burn
it
down, he then has to make a new will with his latest opinion. He should
have
seven or five witnesses and he needs to mention to them that he had a
previous
will and he changed his mind as stated in the new will.
18. If he left a property for one and then gave it to another in the new
will
without mentioning that the first choice was no longer his will, they
all
share the property!
19. The author of a will can add or delete articles in a Separate document
as
long as the witnesses testify and sign the extensions. Also, if the
author
does not want the witnesses to know the contents of the will he can write
and
seal it and they shall witness it and put their seals (sign) at the same
time
and be willing to testify to that effect.
20. If it became known that one wanted to add others to his will, but
his
speech ceased (meaning he died) before making a will, they are excluded
even
if they were considered. [Eliminating fraud through false claims
not
supported by fact]
21. If brother (off-spring) own a joint item, there is no restriction on
any
to will his share.
22. If one had two wives (not simultaneously according to our faith) and
he
loved one more than the other, he is not permitted to favor the children
of
the one he favored over the children of the other.
23. It is not advisable to have a beneficiary one who is outside
Gods
Commandments: having faith in other than God, committing highway
robbery,
transvestites, or declared prostitutes. This is because the Apostle said:
What
communion there is between believers and unbelievers. He commanded us
to
separate ourselves from the likes of those. But if the person turn back
from
his infidelity he can be given what was willed to him. This has to
be
determined before the will is executed, because once it is executed there
is
return as explained previously.
24. If one through a will of some inheritance was provoked to object to
cause
an accident as a result he is not relieved of responsibility of what
he
did. But if he chooses to not object and to give his share to another it
is
appropriate to do so.
25. It is legal to include a prisoner of war as a beneficiary hoping
that
someday he will come back and receive his inheritance. The same is
for
political prisoners and exiled individuals. They all can claim
their
inheritance when they are freed and return back.
26. If one has a son (off-spring) who was absent and presumed dead and
he
writes a will giving his inheritance to another, he can claim his
inheritance
even if it was already given to the other.
(Part):
28. It is permissible to include in a will a pregnant woman without
the
unborn or the unborn without the mother, but he receives nothing if he is
not
live born .
29. If the will was for an unborn and a twin (meaning multiple birth)
happens
instead the item(s) is divided equally. But if one is born dead, the
other
takes all.
30. If the will states a male, he only will inherit.
31. It is permissible to include a slave in a will, if he was free at the
time
of execution he receives the inheritance otherwise it reverts to his
master
(at the time of execution of the will).
32. It is not proper unless it is owned by the author of the will.
33. There is two opinions about the value of a willed item, some say
one
fourth (1/4) of the net worth others say three fourth (3/4) of the net worth.
34. The first opinion is according to the kings rules. If one authors a
will
he shall first leave what he desires to his son and to his daughters
the
furnishing (for their marriage) and divide the rest in one fourth portions.
If he wants to give alms, it shall be one fourth, and one fourth for
his
daughters furnishing. He can do with three fourth (3/4) of his net worth
what
he desires and give his son what he desires to give him. His children
shall
receive three fourth (3/4) of what he leaves. If he desires to give more
(than
the furnishing) to his daughter it is permissible to do so. If he has
no
children he can give his wealth to anyone he likes to give it to. This
law
includes both opinions as stated herein and it does not favor one opinion
over
the other.
35. The second opinion states that it is permissible for one to will
three
fourth (3/4) of his net worth to charitable cause and one fourth (1/4) to
his
heir.
36. This law states that one can will three fourth (3/4) of his net worth
as
he pleases and one fourth for his undutiful children. [Seems that this law
is
to punish undutiful children by giving them 1/4 instead of the ordinary 3/4
of
net worth]
37. If one wills some of his wealth to strangers it ought to be examined.
If
he left one fourth (1/4) to his (legal) heirs it is acceptable (following
the
second opinion) but if he left them less than that the portion given away
(to
strangers) is reduced to reach the one fourth (1/4) rule.
38. It was asked: is it permissible for a man to leave all his wealth to
his
wife if he has no children? and if he does have children does he have to
give
them equal shares? And does he have to give her anything in his will after
she
already received her dowry? The answer is: It is permissible for a man
to
leave any amount for anyone (of his legal heirs) as he likes.
39. The second opinion (paragraph 35) is favored over the first
(paragraph
34).for the following eight reasons:
First, The first opinion appeared only once in the book of the rules of
the
king. The second opinion appeared many times over at the beginning, in
the
middle, and towards the end of the book. If one appears once and the
other
appears many times it is indication that the later is more acceptable
because
of many agreements on it.
40. Second, The wording in the first opinion (paragraph 34) is not clear
in
meaning and it tends to show the two opinions. The wording of the
second
opinion (paragraph 35) seems to be more clear and does only mention the
second
opinion. And if something is clear it is more certain.
41. Third, The first opinion appeared in the beginning of the book (the
kings
rules) the second opinion appeared in the beginning, middle, and end.
42. Fourth, It was mentioned in the same book that a man (person) can do
what
he likes with his money. He can do what he wants with the fourth and the
half
(3/4) without restriction.
43. Fifth, We previously mentioned that a will is a command of God and an
act
of wise men, and when the Lord said leave a will He released that saying
(made
it a command of God for us to follow). He did not restrict it with much
or
little. Also when the wise men advised authoring wills they did not
make
restrictions except for indicating what is more beneficial at the time
of
authoring and what is more beneficial at the time of execution as will
be
shown later.
44. Sixth, The mind (logic) dictates that the wise shall do with his
money
what he likes because it is his own property. He is not prevented from
selling, forming a charitable trust, donating, or willing as gift what
he
likes. Accordingly the fourth and the half are both permissible to him.
45. Seventh, Ones own benefit is completed by following the second
opinion
rather than the first. Because one who adheres to the second opinion
can
follow the first if he sees benefit in the first opinion. But one who
adheres
to the first can not follow the second if he sees his own benefit in
following
the second.
46. Eighth, The harm caused by following the first opinion is more than
the
harm caused by following the second. Because some of the off-spring might
be
rich and others might be poor. By following the second opinion he can
leave
more for his poor children (outside the equal inheritance shares). But if
his
off-spring are all rich, he can (follow the second opinion) and leave more
for
charity.
47. What can be said in favoring the first opinion is that one might
unfairly
dislike his heirs. And by following the first opinion (as justification
for
his actions) he can leave more for charity than he leaves for his legal
heirs
preventing them form getting his wealth, although such action is rare.
The
benefactor however can use other ways to channel his wealth to other than the
legal heirs if he desires to do so, like giving to charity, selling, or
sell
(meaning symbolically) what he does not want his heirs to receive.
48. If one decides to (follow second opinion) give one fourth and one
half
(3/4) away not following the legal heirs rules , he is advised to fear
God
being close to facing death and distribute this portion to ones who deserve
it
according to their needs starting with off-spring, then relatives,
and
strangers according to need with more given to those who are more needy. He
is
advised to be a good steward so he can be worthy to hear the praise
and
receive the reward of the just judge.
49. The Nazarene (Christian) should not give his money to causes
that
contradict the salvation of his soul. Anything beyond the fourth and the
half
is not legal unless it is approved by the legal heirs (meaning not to
deprive
legal heirs of their legal inheritance rights). What he gives in his live
to
charitable trusts and as donations should not be counted as part
(of
charitable part) of will.
50. If one has new legal heirs after a will is authored (which did
not
include them) like new born children males or females, they become deserving.
If the will was other than off-spring it becomes null and void. If it was
for
off-spring, the new ones share equally with the ones previously included.
If
the author of the will had off-spring but were excluded, the right
of
inheritance is transferred to the grand children (because of he birth of
new
off-spring after the authoring of a will that excludes children). If the
new
legal heirs were relatives, and the will was for strangers, the
relatives
share half and strangers the other half. But if the will was for relatives,
equal shares is the rule in distributing to the heirs listed in the will
and
the new legal heirs not listed in the will. These are the rule of
executing
wills if new heirs have legal claim after the will is authored.
51. If one inherits a flock of sheep, he is entitled to all the increases
and
responsible for all the losses even if it is reduced to one or none. If
one
inherits a house and it is lost to fire, he is entitled to the land (on
which
the house stood). But if I willed my slave to you and I sold him or set
him
free or if he dies, you are entitled to nothing because if the original
item
is gone, so are the residuals (profits).
52. If one wills a portion of an item, like a third or a fourth then the
item
lost some of its value, the heir is entitled to a portion of the
remaining
value proportional to the portion he inherited. If one will a part of a
large
inheritance to one, the heir has to accept what was stated by the author
with
no objection. But if the author did not specify exactly which part, the
heir
can choose one that is an average (fair to others) and causes him
particular
harm. If he does not accept the part given to him, he can ask and
not
prevented from accepting monetary value without argument.
53. It is valid for one to write a will for the use of an item for a
limited
period of time one, two, or three years, or for a specified portion of
the
revenue or wages. After that it reverts back to the original owner. If
the
beneficiary of this kind of will dies, his legal heirs do not inherit
the
benefit. The owner of the item has full freedom to sell it or give it
to
charity any way he chooses after the benefit period is completed. It is
valid
to include in a will a maid without her unborn or the unborn without
the
mother. If a maid is mentioned in a will without mention of her unborn
it
implies the unborn.
Part 5: Concerning the Executor of the Will):
54. Two conditions: Honest and Ability to handle the object of the will:
55. If the author of the will did not designate one, the ruler appoints
one
after the death of the author of the will if the beneficiary is not of
legal
age.
56. It is valid to have an executor for part and not all of the objects
of
the will or for the entire estate. If it is said so and so and so they have
to
act together and one can act on behalf of the estate without the permission
of
the other. But If it was said either so and so or so and so, the one
that
accepts and acts first is the executor. And if it said so and so then so
and
so, the first has the right of execution unless he declines then it goes
to
the one named second.
57. If the executor acts regarding an item in the will he is responsible
for
his actions and is not to be relieved until the beneficiary reaches
legal
age. He can be relieved through an action of the ruler (authority) if he
makes
a request to authority and get permission to be relieved after a
replacement
is found. What prevents one from executing a will includes long illness,
long
imprisonment, travel, exile, dishonest actions, incompetence, or proven
lacks
in one of the two condition (mentioned in 54 above). It is valid for one
who
is expelled for one of the reasons above to be reinstated by order of
the
ruler (authority).
58. Executor appointed by the ruler is considered to be honest
and
competent. Relatives are favored over strangers in executing well, the
closer
the better.
59. It is permissible for one to name his son as executor for his will, a
son
on his fathers estate is best steward (Quhramaan).
60. It is also permissible to name own slave (servant/closest aide) on
the
will, he will be to act his acts (meaning do exactly like his employer
since
he worked for him and knows his methods of dealing!).
61. If a woman authors a will on behalf of her grandchildren she should
not
name an executor, because their father is the best executor. But if the
father
did not care for his children she can name a guardian regarding only what
she
left for them.
62. If one did not leave a will and is survived by parents and
other
siblings, his parents become the executors of his will, brothers and
sisters
are not permitted to object to that.
63. If one leaves a will, with names of beneficiaries and executor, and
dies
let the executor receive the wealth and distribute it on the
off-spring
without commission (talking about beneficiaries of full age). If he did
not
name an executor, the older of the off-spring is executor if he 25 years
of
age or older. If none of them is of legal age, their uncle (fathers
brother)
can be the executor of the will. If they had no uncle (meaning no live
one)
the son of their uncle who is 25 or older can be the executor. The
executor
keeps the book (written will). If they had none and their mother desires to
be
the executor, she has to inform the ruler (authority) and it has to be
made
certain that she doe not remarry and she manages the estate until they
reach
legal age at which time they are given their inheritance. If she does
not
seizure to be executor, the ruler (authority) has to appoint executor
and
guardians for orphans, they are entitled to management fee based on the
value
of the estate. One who is appointed executor by the author of a will does
not
have to post bond, but others might have to.
64. Boys affairs are under the control of guardian to age 14, girls to
age
12. they then under the control of executor of the will until age 25 at
which
time they are full of age and can have full control of their inheritance.
65. Two opinions concerning exemption from being executor of a will :
First, If one has five or more children, sons daughters or both, can
be
exempted from executing a will for orphans strangers or relatives. If he
had
less than five children of his own he can be forced by ruler to
accept
responsibility as guardian for orphaned relatives or others.
66. Second, One who accepted to execute a will can not escape
responsibility
but to continue to be responsible for the duties thereof especially if
he
caused some incident related to the execution of the will!
67. It is legal for a guardian of orphans to hire a financial manager
for
their inheritance by permission from the ruler (authority).
68. If it is proven that the executor did an act of extortion of the money
he
is entrusted with, let the estate be in the hands of the stewards of
the
Church until they reach legal age. God advised to care (for the flock) and
not
let the guardian eat and unwisely dispose of the money in their hands and
let
not the beneficiaries suffer.
69. It is not legal for the executor to sell assets of the beneficiaries
to
pay taxes without requesting permission and getting approval from the
ruler.
70. One who is a soldier or in the service of the ruler can not be
executor
of a will unless after he leaves the service mentioned.
71. The wills of bishops, monks, and freed slaves are explained in
the
chapter on inheritances next (chapter 42).
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Lost/Found Item on Common Property Such As
Wilderness/Pasture Lands, Roads, Markets, Hotels, Baths, and Churches
Chapter 41
1. If one finds a lost item and did not know whom it presently belongs to;
if
it is a trivial item there is no harm in wasting it; otherwise take the
thing
to the place where it was found and elsewhere for a week. If one came
and
identified it with specific remarks give it back to that person. Otherwise
it
is permissible to freely handle it.
2. If it was not trivial and considered by a majority of people to
be
valuable, one keeps it as a safekeeper for its owner noting
its
characteristics which includes race (specie), color, shape, size, and weight.
3. It is liked that if one claims the found item to be his own witness and
to
specify in front of other witnesses some of its distinct characteristics
to
avoid the devils temptation as the Apostle Paul commanded. If the owner
is
still not found after the first week it should be made known in public
places
like the place it was found, meetings, markets, and Churches for 70 weeks.
When the item is announced it shall be done mentioning only
general
characteristics and waiting for the owner to give specific characteristics.
For example if it was Dirhams (money) mention only Dirhams without saying
how
many or mentioning the color or shape of the purse it was in. If it was
a
piece of jewelry or cloth, do not give out the color, the style, or the
type,
so if one comes and claims to be the owner let him describe it, and if
the
description matches closely and there is witnesses who would think that he
is
the owner let the witnesses to whom he is known let them hand it to him
after
identifying him. It is desired that the witness is a free believer. If no
one
claims the item in this period (70 weeks) it is up to the finder to do what
he
pleases with the found item. If the finder was a slave, let his master
handle
the identification and following action. If the finder was under
guardianship,
the guardian shall do the necessary action.
4. Increasing the waiting period is desirable.
5. If the item spoils (is damaged) in the hands of the
finder
unintentionally, he is not responsible. But if it is proven that
he
intentionally caused the damage he is responsible.
6. If the finder had companions who passed the item without taking it or
did
not care to follow instructions for picking up the lost item they can
not
share in the item (if the owner is not found). But if they were behind him
or
helped in picking it up they share in identifying, trying to find the
owner,
or in it (if owner is not found).
7. If I was seen by others (not companions) they can take it as a witness
to
the trustee (treasury) of the ruler and after going through the identifying
if
owner not found it goes to the finder.
8. If the finder if from another town, he should leave it with the trustee.
The finder has the choice to ask for the wages of identification and
searching
for the owner or to waive it. The wages are based on the time, effort,
and
value.
9. If the found item is a large animal like a camel, cow, horse, mule,
or
donkey and if it is found in a known pasture, it should be left there. But
if
it was roaming in the city, it should not be left roaming but instead
it
should be captured. Its return should be on the hands of two or
three
witnesses from the famous (well known) people.
10. If it was a smaller animal like a small calf, a colt, a small sheep, or
a
bird was found alone it should be kept (not be left behind). The finder
can
spend for the identification period from his own money or a loan to be
charged
to the owner when the owner (when the owner comes forward and
successfully
claim his lost item).
11. If the owner comes forward and pays the wages of identifying and
keeping
the item he receives his item and its produce if any, otherwise the finder
can
sell it with permission from the ruler after one week and to continue
the
identification period. It is up to the finder to do what he pleases with
the
sale revenue.
12. It is desirable that the revenue from such sale be given to charity.
And
it is preferred that this money goes to one who is in need. If the finder
is
needy he is more deserving.
13. If the found item is perishable it is better to sell it if it
is
possible. If it was food items it can be consumed. by the finder.
14. If one comes along and identifies the item as his; if it was sold,
he
(the finder) has to return the revenue. If he consumed it, he owes the
value
if he is well to do, but if he was not able he should return what is left
of
it. If it was all consumed, he owes nothing.
15. If (the finder) gave the item away to charity, the owner can accept
the
charity as his and gain the eternal reward if he goes along, or he can try
to
claim all or part of it or its monetary value from the charity.
16. The word of the finder is taken in all disputes concerning the found
item
unless the owner can produce proof to the contrary.
17. If one is found in this condition, he should be assumed free
because
freedom is the original condition and that he is the child of
believers
because this is the priority. If he was found in a place where believers
are
scarce and he was claimed by non-believers inquire diligently among
the
believers (to verify his identity).
18. If items were found with him either tied to him or places next to him,
it
is assumed that it belongs to him and use it (if it is of value) to
support
him with permission from the ruler. It is desirable to have witness of
finding
the person and the belongings.
19. If he did not have anything, and if the finder is well to do let him
take
the person and care for him, otherwise take him to the ruler (authority) so
he
can be put in a (foster) home to be taken care of at the expense of the
foster
parent or from charitable funds. In either case he should be educated
and
taught a trade/profession.
20. If the finder is a slave or person of bad repute or un-believer he
should
find out who has valid claim concerning the lost person and hand him to them!
21. It is preferred that the one who takes a lost person in to treat him
like
own child and educate him and teach him a trade/profession. as if he was
his
own son choosing for him what is appropriate for his abilities and desires.
It
is important to pay attention to his wishes and desires and to do it
with
understanding of his faith and according to his religion.
(Part: Concerning What follows):
22. If one finds and returns an escaped slave, a child, or a person
under
guardianship, he is entitled to the expense associated with his effort.
The
finder has the choice to donate or keep the received compensation. At
a
minimum he is entitled to travel expense between the place he found him
and
the place he returned him and the time between the finding and return.
23. If the person escapes from the one who found him, he (the finder) is
not
responsible.
24. However, the finder should give witness (make it known) that he found
a
person and tried to return him to his owner (, but he escaped).
25. If the disobedient (escapee) is a pawned slave, the holder
is
responsible.
(Part):
26. If one disappears and it is not known where he is or if he is life
or
dead, and he left behind some fortune, the ruler shall appoint one to care
for
the family as an honest guardian to take care of the finances of
the
family. The guardian can be a volunteer or paid from the funds according
to
his effort. It is required that the funds be certified and dated in
the
presence of witness.
27. If a period is passed exceeding his expected life span, his fortune
shall
be divided among his heirs as their inheritance. Before this determined
period
as long as he is not found he can not inherit or be inherited.
-------------------------------------------------------------------------------
Pages From Church History
Awlaad Al-Assal (1200 AD)
Concerning Inheritance
Chapter 42
(Part 1: What to do with the estate, what the departed leaves behind, and
the
days during which the heirs can not ask for their inheritance):
1. They start with paying for the coffin, wages for digging the burial
place,
and the cost of the tomb.
2. Then the cost of the funeral and the offerings as described in the
chapter
concerning the dead.
3. Pay to the poor from the possessions of the departed as a remembrance
for
him.
4. Then pay what the departed owes in land (property) and other taxes.
5. If the departed owes money it shall be paid first, but anything that
is
forgiven can be counted off if the debtor agrees to forgive the debt.
Also,
some times the estate is protected or an action is taken to negotiate
debts,
but in the end the estate has to pay what is determined to be fair
by
impartial witnesses.
6. Following that is what the departed owes like solemn pledges to God.
If
the will did not include alms but the heirs are not in bad need they can
give
alms according to the value of the estate and the financial condition of
the
heirs. After all these they can follow his commandments based
instructions
(chapter 41)..
7. We previously stated the rules (chapter 41) which limits his actions
to
one half and one fourth (3/4) of the estate. and one fourth is for his
legal
heirs without further modification.
8. No one is allowed to ask the heirs and/or relatives of the deceased
for
any debts for at least 9 days following the death, because these are days
of
sorrow. No one should ask them to appear in front of a council or a
court
either. And if anyone entraps one of the involved to sign a paper or make
an
agreement, such action shall be null and void. After the appointed
period
objections to the will can be raised if they are (the objections) according
to
the commandments.
(Part Two: General Paragraphs Concerning Inheritance, and the Order of
Heirs):
9. Heirs are two categories: First those who have a definite portion of
the
inheritance according to six rules:
(First) The wife is entitled to one half if the other heirs are not
her
children. Otherwise a share equal to that of one of the children.
(Second) The same for the husband (if he inherits his wife).
(Third) The uncles (fathers side) have with his mother 1/3 portions.
(Fourth) Their Children share the same way with the mother.
(Fifth) Grandparents share with the brothers and sisters of the deceased
1/3
portions.
10. (Sixth)- The rest, if they inherit it is according to class of
relation
(process of selecting a class if the closer (higher priority) doe not
have
survivors) as follows:
11. Tribe (relatives) form father side males and females are ahead of
those
from the mothers side.
12. According to the rules of the king there are twenty two classes
of
relation as follows:
13. (First Class): The off-spring of the deceased males and females
equally.
14. (Second): Males and females who are off-spring of the ones above.
15. (Third): The father of the deceased.
16. (Fourth): His Brothers and sisters and mother equally.
17. (Fifth): Brothers and sisters from father alone.
18. (Sixth): Brothers and sisters from mother alone.
19. (Seventh): Male and female off-spring of the deceased brothers and
sisters
equally.
20. (Eighth) The father of the father of the deceased.
21. (Ninth): The mother of the father of the deceased.
22. (Tenth): His Uncles (Amaam, fathers side).
23. (Eleventh): The male and female off-spring of his uncles (fathers
side)
equally.
24. (Twelfth): The male and female off-spring of his daughters.
25. (Thirteenth): the males and female off-spring of his sisters
and
brothers.
26. (Fourteenth): The deceased aunts (amaat sisters of his father).
27. (Fifteenth); Off-spring of them (above) males and females equally.
28. (Sixteenth): Father of the mother of the deceased.
29. (seventeenth): The mother of his mother.
30. (Eighteenth): The deceased uncles (akwaaloh) brothers of his
mother.
31. (Nineteenth): The male and female off-spring of those above.
32. (Twentieth): Aunts (mothers sisters) of the deceased.
33. (Twenty-first): The off-spring of them above.
34. (Twenty-second): The fathers of the grandparents.
35. Inheritance is based on classes of relatives according to relation,
the
closer relations are considered first then the lesser relation, .. etc.
It
favors the deceased off-spring class over his parents. It also favors
the
tribe (family) of the father over that of the mother (and passing
inheritance
to on generation down of one male that is not present. For example
the
children of the male off-spring if the off-spring are no longer alive
before
the father of the deceased is considered. It also favors the off-spring of
the
males of the brothers and sisters if the brothers and sisters of the
deceased
are no longer alive and they are ahead of the grandparents of the deceased.
It favors one generation of a family over the following generation
(children
favored over grandchildren concerning inheritance). It also considers
the
uncles (fathers side) then their children before the aunts (fathers side)
then
their children. Then the uncles (mothers side) and their children then
aunts
(mothers side) and then their children. Then it considers grandparents
as
explained. In the search for the class to inherit a deceased the closest
class
is sought and given inheritance if found otherwise the next is sought until
a
class of inheritors is found and given equal shares but if in any class
there
is only one single person he gets all after the portion according
to
commandments is satisfied (as explained in chapter 41).
(Part 3: Concerning What A Husband Inherits from his Wife):
37. The reason the husband (spouse) is placed ahead of all others is
because
marriage is the origin of all that follows. Through marriage children
are
brought to existence. It makes parents parents. And through marriage
they
became one and not twain as the Lord said. The one is more deserving of
his
things than others.
38. If a man or a woman dies and there was no other natural heirs from
close
(higher) relations, lesser (lower) relations, or side relations, the man
is
entitled to the entire estate of his wife and the woman of her husband.
39. (In the closing of the collection of the Patriarch Anba Ghobrial
he
says): if he (the deceased) had a wife and children, she becomes like one
of
them (meaning equal share) because the book of Descolia (teachings of
the
Apostles) says give to the orphans the fortune of their parents and to
the
widows the fortune of their husbands. This saying indicates that the estate
of
the deceased goes to his children and his wife. If he did not make
distinctions, they all get equal shares.
40. It is customary of a husband or a wife dies and if he did not
have
children as heirs, the surviving spouse receives half the estate and the
other
half goes to the other legal heirs. this also agrees with what was
mentioned
in Rules of the King (Rule 55). They also said if a man was legally
married
but not consummated the marriage and he dies, she is entitled to half
his
estate and his relative the other half, but if he had no legal heirs she
is
entitled to the entire estate.
(The following Rules are from the Closing of the Collection of The
Patriarch
Anba Ghobrial)
41. The standards require that the portion one leaves for the other is
equal
because of the Lords saying (God created a helper equal to him). And
because
of His saying (he makes them one and no longer twain). So the man shall
leave
for his wife half if there is no children and equal portion with the
children
and all if all (legal heirs) are gone.
42. If the husband and wife are related (family relations before marriage)
the
standards require that each inherits to shares from the other. One share
for
marriage and the other share for family relation.
43. In the chapter concerning marriage other laws (Kings Rule 51) if a
man
dies his wife is entitled to the entire furnituings and half the dowry and
if
she dies he is entitled to the entire dowry and half the
furnituings
regardless of having chidden or not (this is in addition to the
inheritance
and not considered pat of it).
44. If the husband dies and had no children born of her, she is entitled
to
the furnituings and half the dowry. If the furnituings are worn out
(no
monetary value) she can claim the value of the cloth she brought in with
her
or the monetary value of it which can be found in the book (agreement)
of
marriage. The jewelry and any advance payments (arboon) is hers and its
value
is known. If in her furnituings slaves, she can claim them if they are
still
alive. If they were sold she receive the value of the sale, but if they
were
dead she receives nothing because it is natural for them to die. If the
slaves
produced off-spring, she is entitled to half and the other legal heirs
the
other half. This is also the rule concerning any herd of sheep or cows.
She
claims the herd back and any off-spring of the herd she is entitled
to
half. the same applies to a hive of bees and similar possessions.
45. Half of the off-spring is the mans because although she brought the
livestock in it was fed and cared for at the mans expense.
46. If one dies after the marriage contract but before the marriage
is
consummated it is explained in the chapter on marriage, part II.
(Part Four: Two Classes (of Heirs)):
47. (First Class): In what the off-spring inherit from their parents.
Because the law favored the children of the deceased over his parents
in
inheritance. The parents are the cause the off-spring exists and the cause
has
to be a good cause for existence (ellat sallah) and this can be
through
leaving them wealth. Also the children are the future of life and
their
grandparents are the ones who shall leave it. For these reasons inheritance
is
from above down and not from down up unless no one below is found to
become
legal heir. Also the remembrance (memory) of parents is through their
children
and not through their parents, so the children are more deserving
of
inheritance.
48. The reason of giving equal share to daughters and sons in the
new
testament is the saying of the Apostle Paul: In Christ men and women are
the
same (equal). Also their relation to the giver is the same being
his
children. The parent owes the same to one as he owes the other.
49. The reason of favoring children over the chidden of the
children
(grandchildren) is because they are closer to the givers.
50. If one dies and leaves off-spring, sons and daughters, without a
will,
they share together (equally).
51. Regardless of having the same mother or not.
52. Even if one is dumb or deaf.
53. If the daughter marries and her father paid for her furnituings ,
this
will be considered part of her inheritance (reduced accordingly) if the
father
agreed to that in his life or not.
54. It is agreed in the Church (body of believers) that if the
furnishings
exceed the inheritance she owes none, but if it was less she receive
the
difference.
55. Those born from a free woman (outside wedlock) share with the other
off-spring equally.
56. Those born from unlawful marriages like the wife of the brother,
the
sister of the wife, the aunt (fathers sister), the aunt (mothers sister),
the
fathers other wife or his concubine can not inherit their parents without
a
will (explicitly). But their children are counted in the classes of relation.
57. If their father explicitly in his will gives them portion, they
receive
it. If he will equal portion, it is permissible.
58. (Second Class): In the inheritance of the grandchildren male and
female
from their grandparents. The children of the children inherit the deceased
and
they out rank the parents of their grandparents in inheritance rights.
59. Because the father is favored over the brothers and sister. First
because
between him and his children one degree of relation separation, but
between
the brothers and sisters two degrees of relation separation (meaning
two
births). Second, because the father is the reason of existence of
his
off-spring and the presence of the inheritance is caused by him.
But
off-spring are not the cause of existence of one another, so the father is
the
cause and is more deserving to inherit it. Also, in many cases the
father
gave the wealth to the child to start with and it is natural that it
returns
to him if the closer relation does not exist and for that reason the father
is
favored over the mother in matters of inheritance. Also the woman was made
for
the man and what existed for another is lesser than the thing it was made
for
also the mother is like a container and like the soil for the plant. Also
the
inheritance can return to the siblings through the father and these are
all
reasons for favoring the father over mother and siblings in matters
of
inheritance.
60. If one dies and he has no children or grandchildren and did not author
a
will and had mother and father, his inheritor is his father and not
his
mother.
(Part Six):
Four classes in what siblings inherit from brothers and sisters and what
half
brothers may inherit:
61. The two grandfathers can inherit with siblings, also the mother
can
inherit according to conditions. Also, the children of brothers and
sisters
(nieces and nephews) can inherit according to conditions. And the sibling
are
after the father in degree of relation for inheritance as explained before.
The siblings (brothers and sisters) are favored over grandparents because
they
are equal in relation to the deceased and closest in relation to the
father
(if the father does not inherit) and the brothers and sisters are closer
than
grandparents and they are coming to life (in the sunrise of life) while
the
grandparents are in the sunset of life and they are considered of more need
because they are building a future.
62. (Fourth Class): If one dies and had no children or surviving father,
the
inheritance should go to his brothers and sisters and his mother in
equal
shares.
63. Brothers and sisters from one father and one mother inherit equally.
64. (Fifth and Sixth Class): If one dies and have no brothers and
sisters
from same father and mother, his half brothers and sisters inherit him
because
the half brothers and sisters are less related than full brothers and sisters.
65. The sibling from father side is favored over the siblings from
mother
side. Because the siblings from the father side are closer (higher
class)
relations.
66. If the deceaseds parents were no alive (assuming he has no children
as
well), his grandparents inherit with his brothers and sisters. This law
does
not distinguish between the parents fathers side or mothers side. The
laws
favored the grandparents from father side (closer class) than
grandparents
from mothers side. If the siblings are from fathers side alone
the
grandparents fathers side alone inherit with them. If they were mothers
side
grandparents from the mothers side inherit.
67. If the mother is made equal to one of the siblings (in matters
of
inheritance), she does not mask any of the siblings full or half related,
she
inherits as one of the siblings (equal share).
68. If one of the siblings is not present (no longer alive) she inherits
in
his place and she masks the children of the siblings because the law
states
that she is equal to one of the siblings (in matters of inheritance) and
the
sibling masks his children and the mother is closer than the
grandparents.
69. The mother has two thirds with the uncles and nephews (siblings of
uncles
fathers side) one third for them to share.
70. (Seventh Class) According to the rule of classes of relation closer
then
the less close, the siblings of the children after the children and
the
siblings of the uncles after the uncles in each case males and females
inherit
equal shares noting that the siblings of the full brothers and sisters
ahead
of those of half brothers and sisters. And preference given to half
brothers
and sisters from the father than those from the mother only (and it will
be
mentioned later that the children of brothers and sisters follow them in
class
of relation).
71. The reason grandparents are favored over uncles (fathers side) is
because
they are closer in relation because between the grandfather and his
childrens
children two births. But between the uncles and his brothers siblings
three
births. as explained in the chapter on marriage. Also grandparents on
the
fathers side are closer than grandparents on mothers side, the later
are
masked because the fathers tribe (family) masks that of the mother.
72. If there is no heirs going down (to children and grandchildren), we go
up
(to parents) then grandparents before going lateral to uncles and
their
descendants.
73. After the males and females from the fathers tribe (family) heirs
are
sought from the mothers tribe (family/side).
74. From this reasoning above in the two laws above, the grandparents
from
fathers side are considered after his brothers and sisters and they
are
followed by mothers side. The grandfather is favored over the
grandmother.
(Part Eight: Tenth and Eleventh Class: What the Uncles and Cousins Inherit
and
what his mother receives also):
75. The reason the uncles and their children are favored over the children
of
the daughters and the children of the sisters is because they are from
the
tribe (family) of the father which is closer relation than the
others
mentioned.
76. One who does not have children or children from sons or brothers
or
brothers children is inherited by his uncles (fathers side) or their
children
after them.
77. His uncles or their children receive one third of the estate and
his
mother (if alive) receives two thirds. If none of those relations exist,
the
next classes of relation can inherit. Those from the same class of
relation
inherit equal shares.
(Part Nine: Twelfth and Thirteenth Class. What the Children of the
Daughter
and Children of Brothers and Sisters Inherit):
78. One who has no brothers or sisters alive and no uncles or cousins
alive
is inherited by the children of his daughters otherwise he is inherited by
the
children of his brothers and sisters.
(Part 10: The Rest of the Classes):
79. If the deceased does not have sisters children, his aunts (fathers
side)
inherit him. If no aunts, his aunts children inherit him, males and
females
alike (equal shares). Also in the first class of relations males and
females
get equal shares.
80. (Second Class relations and what follows): Women do not inherit with
their
children and the children of their sisters.
81. The inheritance does not include women after first class relation.
The
children of females do not inherit with children of male , also the
children
of sisters do not inherit with the children of brothers, also the children
of
aunts do not inherit with children of uncles (fathers side) same for aunts
and
uncles (mothers side). If the off-spring of the father has no surviving
males
then the females inherit, same for the off-spring mothers side.
82. As mentioned in the rulings, after the aunts and their
descendants
(fathers side), the mothers tribe (family) side is considered as heirs.
They
are the deceased parents, his mothers mother, his uncle (mothers
side). Between the deceased and his grandfather two births, his uncle
(mothers
side) three births. After the uncle (mothers side) , uncles children males
and
females as in the inheritance of uncles (fathers side) and
their
children. After that the parents of grandparents. The those that follow
them
(in class of relation) as explained previously.
83. If one has no heirs, the state (country) treasury inherits him.
(Part Eleven: Those Who Inherit the Bishops and the Monks):
84. It should be known what belongs to the bishop and what belongs to
the
Church (Episcopate). His own possessions is under his control and he can
will
it to whom he chooses. And it should not be mixed with the Church
possessions,
because he might have relatives whom he care for and also off-spring (It
seems
that the law of celibacy was not always the norm, some bishops married and
had
children from the flesh). It is only according to Gods justice that
what
belongs to the Church is preserved for the Church and what belongs to
the
bishop is preserved for him so he is not treated unjustly. Also it is
advised
for the bishops relatives not to boast about what is his or what belongs
to
the Church because boasting might bring bad remembrance of the
departed
(bishop).
85. Those who are related to him might face difficulty (if his possessions
are
denied them) and they might be driven to blasphemy (if they are
treated
unfairly).
86. Everything the bishop owned before he became bishop is his own wealth,
he
can will it or give it away. But everything he accumulates afterwards
belongs
to the Church (episcopate), he can not will it to anyone. But he can
will
inheritances he received from parents or brothers or uncles.
87. If he was consecrated bishop and was poor before the consecration,
the
wealth belongs to the Church (he can not will it). But if he had children
the
Church should continue supporting them after his death. Also if he has
close
relatives in need, the Church should care for them as well.
88. If one becomes a monk after he had children he can divide his
wealth
among them, but to keep one share for the monastery (he is associated with).
But if he dies without a will, his children take their share according to
inheritance rule, the rest goes to the monastery it is
called
Filickidon!!!!. If he had no off-spring, it depends: If he did not bring
his
money to the monastery, it is up to him in what he willed, but if he
brought
it in it belongs with the monastery except for what he mentioned in a
will
prior to entering the monastery.
(Part Twelve: Concerning Slaves and Freed Slaves)
89. A slave does not inherit without a will naming him, because
the
inheritance is for family.
90. No one inherits him except his master because his possessions are
owned
by his master. It is not valid for him to write a will or a bill of
sales
without the approval of his master.
91. If the slave after being set free marries a slave woman, his
children
from the slave woman can not inherit him, his possessions revert to
the
masters that set him free. [That is ridiculous, but it shows how lucky we
are
to live today!]
92. Also the children of a free woman from a husband who is a slave can
not
inherit her, but she is inherited by those deserving from the free
(following
the relatives classes) and her husband gets what belongs to him.
93. It is possible for the slave to receive an inheritance from his
master
because he has rights given by the master but it can only be by written
will.
94. Slaves are set immediately free if they are part of an estate that
went
to the treasury because the deceased did not have natural heirs. Any one
that
violates this rule will not be forgiven his sins!
95. A freed slave has the right to author a will, if he has natural heirs
they
inherit him, but if he does not his former master or masters or
their
descendants inherit him. If in his will he specify other than natural
heirs,
his master/masters have one third of the estate.
96. If one wrote a decree to free his slave at his death and
included
specification of possessions or money, the slave gains his freedom
and
specified items, otherwise the heirs of the master take it.
(Part Thirteen: Who Can Not Inherit, What Can Not be Inherited):
97. The following can not inherit without a will naming them: Anyone who
does
not have a relation with the deceased natural or through marriage, even
if
they have a relation by proxy or common law such as nursing
women,
baby-sitters, eshpeens, step fathers, step mothers, relatives of the
husband,
relatives of the wife, step brothers, step sisters, parents of the
step
siblings, brothers wife, sisters husband, and spouses of the off-spring.
98. (First Group) Does not inherit the believer, even if there is a
will,
those who depart the faith. If a will mentioned him when he was in the
faith
and he was found outside the faith, he does not inherit but if he returns
to
the true faith (with clear evidence) he becomes deserving of his share, but
if
his return was after the estate was divided he looses his share. If
the
departed was a priest, only the believers from his natural heirs can
inherit
him. But if none of his natural heirs is a believer, his estate goes to
the
Church where he served as priest. Also, if the person was not a priest,
and
none of his natural heirs was a believer his estate goes to the treasury
of
the state. If the heir engages in action to endanger the life of the
deceased,
or conspires to kill him, or hands him to his killer(s), he looses
his
inheritance right.
99. (Second Group) Does not inherit without a will the off-spring of
illegal
marriage, relatives born from illegal marriages, and slave and freed slaves
as
explained before. Also disobedient children and children who defy
their
parents by choosing trades that are not proper such as slave
trade,
prostitution, or those who defy by marrying illegally such as those who
marry
their step mothers, daughters, sisters, mothers and those who cause
parents
harm or loss of wealth also not to inherit without a will a woman who
marries
before the legal period following the departed spouse is complete (one year
as
explained under marriage). Any one who tries to deceive by hiding a will
shall
not inherit either.
100. The disobedient who beat or curse his parents or accuse them of
crime
(falsely) does not inherit. Also, those who do not care for their parents
in
their old age or sickness does not inherit. Also, those especially
male
off-spring who do not support parents in difficulty such as
imprisonment,
tribulation, or (necessary) cosignature do not inherit. Also, one who forces
his parents not to author a will or forces his way in what is written
without
the approval of the parents and/or authority doe not inherit.
101. Likewise a daughter or sister or wife who lives the life of
prostitutes
Also a female off-spring who chooses this way because her father gave
her
dowry and furnishings according to his financial situation which was
not
satisfactory to her and she choose the life of ill repute as a result.
Also
does not inherit off-spring who neglected their parent care which mad
other
relatives who are not heirs to care for them. If the person regains
his
health after sickness, he can choose to author a will excluding those who
did
not care for them because they abused the privilege. But it is up to
the
parent to forgive them and warn them and include them again in his will.
But
if they continued to neglect him and he was cared for by the stranger in
the
stranger home to the time of his death, the stranger can be included as one
of
the heir deserving inheritance!
102. If a parent is taken as a prisoner of war and his off-spring
neglected
to work for his release, and if he is released he can choose to give
them
inheritance or not. If he dies in his imprisonment and it is proven that his
heirs did not work for his release they loose their inheritance. If all
the
legal heirs are guilty of such behavior, his estate goes to the Church.
The
Church has to use such funds to help those who are in similar situation to
be
an example for all. No one who neglected in such situation is to inherit
even
if they are mentioned in an authored will before the imprisonment. This
is
also applied to a stranger 18 years or older who was mentioned in a will
and
neglected to work towards freeing the one who included him in his will.
All
expense related to freeing an imprisoned should be documented and he
is
required to pay back because these are the rules of proper conduct.
103. If the heir gives the benefactor a medicine (drug) that spoils the
mind
or did not support him when he needed his help and was imprisoned as a
result,
the heir doe not inherit. but if the heir was not able to lend support
because
he was dumb, deaf, or blind, he is not to obligated and does not loose
his
inheritance.
104. Everything that obligates the off-spring to their parent, obligates
the
parents to their off-spring exactly the same.
105. In general, the rules are common for every heir with every benefactor
if
there is proven reason for preventing the inheritance after a will
is
authored, it is prevented for a relative or a stranger alike.
106. (Inheritance can also be prevented ,) if one was given less than what
is
his legal share of inheritance (right of refusal?)
107. Fornicators are also prevented from inheritance as mentioned in the
book
of the rules of the king.
108. This is also applicable to situation where doubt exists (meaning a
proof
is required when in doubt). For example if two are traveling and one dies
due
to drowning or fire or building destruction (in suspicious circumstances)
it
is advised to investigate before executing a will or
distributing
inheritance. In general if it is not clear who survived and who did not
they
can not inherit each other until it is made clear what the circumstances,
but
either one can inherit others that are not involved in the incident
being
investigated.
109. (Last Part) What stops action is a complaint concerning a prisoner
of
war or (long) travel. In general if news about a person whereabouts stops
for
a longtime, the ruler can make a determination about the missing if there
is
proof that he is dead or absent long enough to be considered dead.
110. If the absent person has a relative who died, they are required to
act
with care concerning the share of the absent person. For example if
the
absent has an off-spring, he is not masked by the off-spring until
a
determination is made that he is dead or absent long enough to be
considered
dead. His share should be saved until the determination with proof for
or
against is made.