_|_ | C O P | N E T Pages From Church History Awlaad Al-Assal (1200 AD) A Preliminary Translation (in progress) by Dr. W.A. Hanna St. Mary & St. Abraam Coptic Orthodox Church 1843 Ross Ave.; St. Louis, MO 63146; USA (C) All rights reserved ------------------------------------------------------------------------------- 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. ------------------------------------------------------------------------------- Pages From Church History Awlaad Al-Assal (1200 AD) (C) All rights reserved by Dr. W.A. 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