Muslim Minorities and the Obligation to Emigrate to Islamic Territory: Two fatwās
from Fifteenth-Century Granada
Author(s): Kathryn A. Miller
Source: Islamic Law and Society , 2000, Vol. 7, No. 2, Islamic Law in Al-Andalus (2000),
pp. 256-288
Published by: Brill
Stable URL: https://www.jstor.org/stable/3399402
REFERENCES
Linked references are available on JSTOR for this article:
https://www.jstor.org/stable/3399402?seq=1&cid=pdfreference#references_tab_contents
You may need to log in to JSTOR to access the linked references.
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide
range of content in a trusted digital archive. We use information technology and tools to increase productivity and
facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at
https://about.jstor.org/terms
Brill is collaborating with JSTOR to digitize, preserve and extend access to Islamic Law and
Society
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
MUSLIM MINORITIES AND THE OBLIGATION TO EMIGRATE
TO ISLAMIC TERRITORY:
TWO FATWAS FROM IlFI'EENTH-CENTURY GRANADA
KATHRYN A. MILLER*
(Stanford University)
... It is not permitted for a Muslim to keep company with one
who engages in the sinful activities of drinking wine, committing adultery, or other sinful acts. How much the more so is it
not permitted to live with one who does not believe in God
and tells lies about the Prophet?
Al-Haffir (d. 811/1408)
Abstract
When Christian forces conquered the entire eastern regions (sharq al-Andalus) of the
Iberian peninsula in the thirteenth century, a large population of Muslims became
subject to Christian rule. Now known as Mudejars, these Muslims continued to
practice their religion and regulate their communities according to Islamic law, but
their residence in ddr al-Harb (abode of war) became the subject of divided legal
discourse among Maliki jurists. Some of the controversies which surrounded a
Mudejar's obligation to emigrate to Islamic lands are preserved infatwas issued by
jurists in Granada, the Maghrib, and Ifriqiya. The aim of this essay is to present
two previously unknownfatwds, issued by al-Haffar and al-Mawwaq, that address
two particular aspects of the Mudejar predicament: the validity of saddq contracts
authenticated by Mudejar judges and the obligations of Muslims to their Mudejar
families and communities living under Christian rule.
Introduction
IN HIS ARTICLE "ISLAMIC LAW AND MUSLIM MINORITIES," Khaled
Abou El Fadl undertook the formidable task of analyzing the juristic
discourse on Muslim minorities living in non-Muslim lands.1 He
* I would like to thank Asma Afsaruddin, Philippe Buc, Ahmad Dallal, Li
Guo, Regina Marler, and Howard Miller for their helpful comments on earlier
drafts. My special thanks to the Executive Editors of Islamic Law and Society, who
shared with me their critical insights and helped shape this essay.
1 Khaled Abou El Fadl, "Islamic Law and Muslim Minorities: The Juristic
Discourse on Muslim Minorities from the Second/Eighth to the Eleventh/Seventeenth Centuries," Islamic Law and Society, 1:2 (1994), 163. This article provides
an excellent overview of Hanafi, Maliki, Shafi'i, and Hanbali views on the issue of
Muslims living in non-Muslim territory.
? Brill, Leiden, 2000
Islamic Law and Society 7,2
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 257
presents a masterly comparative survey of the jurists' debates over the
ethical and legal principles that should guide the behavior of these
Muslims and demonstrates how the positions of the legal scholars
gradually became more entrenched. Maliki jurists, in particular, came to
adopt a rigid stance, deploring that Muslims subject to non-Muslim
laws could not "manifest their religion."2 Regarding a famously
intransigentfatwd by al-Wansharisi, Abou El Fadl remarks: "doctrinal
problems combine with social, political, and cultural considerations to
produce a resounding condemnation of Muslims who accepted
Mudejar status in al-Andalus."3
One of the most significant of the historical circumstances to which
Abou El Fadl refers was the Christian conquest of Muslim lands in the
Iberian Peninsula. In the eleventh and twelfth centuries, Christian
forces had advanced southward to capture central regions in Spain,
causing considerable upheaval among Andalusian Muslims. By the
thirteenth century, a large population of Muslims found themselves
subordinated to Christian rule. Christians had absorbed the entire
eastern territory of what had been Sharq al-Andalus, and Muslims
either emigrated to ddr al-Isldm or remained behind as Christian subjects-allowed to practice their religion but obligated to obey restrictive
laws as stipulated in treaties of surrender. The Muslim minorities who
continued to reside in Christian territory were referred to as ahl al-dajn,
or the people of submission, by their coreligionaries in Granada, the
Maghrib and Ifriqiya.4 Indeed, the Maliki jurists' reaction to what they
perceived as a reluctance on the part of these Mudejars to extricate
themselves from the chains of infidel bondage was, at times, absolute
and uncompromising. The prominent Fasi jurist, al-Wansharisi, for
2 Abou El Fadl, "Islamic Law and Muslim Minorities," 157. As Abou El Fadl
points out, jurists did not elaborate on what they meant by the phrase "able to
manifest or practice religion." Whether they referred to acts of worship or the
capacity to govern their minority communities by Shari'a and the laws of Islam in
their totality is unclear. Mudejars, in seeking clarification of their status, often
demonstrated that they could, in fact, "manifest their religion." This, however, did
not necessarily lead to the jurists' condoning their residence in Christian territory.
3 Abou El Fadl, "Islamic Law and Muslim Minorities," 154.
4 The term Mudejar refers to the Muslim minority communities under Christian
rule from the thirteenth century through the early sixteenth century, when they were
forced to convert to Christianity (these converts, called Moriscos, were ultimately
expelled in the seventeenth century). According to Gerard Wiegers in his Islamic
Literature in Spanish and Aljamiado: Yva of Segovia (fl.1450), his Antecedents and
Successors (Leiden, 1994), 3, the term Mudejar is commonly considered to be
derived from the passive participle of the second stem of the root (mudajjan), or the
passive of the eighth stem (muddajan). Contemporary Arabic sources never use this
particular form and refer to the ahl al-dajn or simply al-dajn.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
258
KATHRYN A. MILLER
example, declared that a Muslim's willing residence in Christian land
was "manifest proof of his vile and base spirit," and that "this chosen
course will cause him much frustration and disgrace."5 Writing in the
late fifteenth century, during a period when Christian-Muslim relations
were particularly tense, al-Wansharisi cogently represents the rigor
with which many Maliki scholars condemned Muslims who chose not
to emigrate.
Rigorism was not the only option, however, and some Maliki jurists
were willing to entertain the possibility that Mudejars had sufficient
reason, even obligation, to reside in ddr al-Harb (abode of war).6
While al-Wansharisi stands as the most prolific and well-known writer
on the Mudejar situation in the fifteenth century, his opinion represents
only one extreme in a continuum of rulings on the Mudejar question.
P.S. Van Koningsveld and Gerard Wiegers have recently uncovered
further documents pertaining to Muslim minorities living in Christian
Spain. Among these, a fatwa attributed to Ibn Rabi' (d. 719/1320)
corroborates historians' previous impressions that many Maliki jurists
denounced Muslims who were living under Christian rule.7 Yet Van
Koningsveld and Wiegers also unearthed a very differentfatwa. Issued
by four judges in Cairo, this ruling assessed the Mudejar predicament
with unexpected forbearance. The four judges, representing the Hanafi,
Shafi'i, H.anbali, and Maliki schools of thought, responded to several
questions pertaining to the Mudejars' duty to emigrate to ddr al-lsldm
and the specific circumstances that might justify a Muslim's continued
residence in Christian lands. In each case, the jurists countenanced
deferment of emigration from, or re-entry into, ddr al-Harb.8
5 Ahmad al-Wansharisi (d.1508), Kitab al-Mi'ydr al-mu'rib wa'l-jdmi' almughrib 'an fatdwi ahl Ifriqiya wa'l-Andalus wa'l-Maghrib, 13 vols. (Rabat:
Ministry of Culture and Religious Affairs, 1981-83), vol. 2, 131. The Mi'ydr is a
collection of approximately 6,000 fatwds issued by Maliki muftis living in al-
Andalus, al-Maghrib, and Ifriqiya in the period between the late tenth and early
sixteenth centuries.
6 Van Koningsveld and Wiegers posited a typology for juristic discourse on the
Mudejars, dividing the writings of Muslim legal scholars into two distinct
approaches: a "pragmatic line" and a "hard line." See P.S. Van Koningsveld and
G.A. Wiegers, "The Islamic Statute of the Mudejars in the Light of a New Source,"
Al-Qantara 17 (1996), 29.
7 P.S. Van Koningsveld and G.A. Wiegers, "The Islamic Statute," 19-58.
8 P.S. Van Koningsveld and G.A. Wiegers, "Islam in Spain during the Early
Sixteenth Century: the Views of the Four Chief Judges in Cairo (Introduction,
Translation, and Arabic Text," in Orientations (Poetry, Politics and Polemics:
Cultural Transfer between the Iberian Peninsula and North Africa), ed. Otto
Zwartjes, Geert Jan van Gelder and Ed de Moor (Amsterdam: Rodopi, 1996), 133-
52.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 259
The aim of this essay is to present for the first time twofatwds which
likewise reflect the range of reactions articulated by Maliki jurists on
the Mudejar predicament. In an anonymous manuscript located in the
Biblioteca Nacional in Madrid, the author discovered a compilation of
fatwcs, two of which addressed the predicament of Muslims living in
Christian territory.9 The first fatwd was issued at the end of the
fourteenth century by al-Haffir (d.811/1408), a mufti in Granada-by
then the sole remaining Muslim kingdom on the Iberian peninsula.10
The secondfatwd was issued by al-Mawwaq (d.872/1492), chief qadi
of Granada when the Christians conquered the city in 1492." In what
follows, I discuss each muftt's ruling separately and assess his position
within the framework of the Maliki discourse on Mudejars. I first
review the obstacles that prevented many Mudejars from emigrating to
Islamic lands and the extent to which they communicated these difficulties to the muftis in dcr al-Isldm. Second, I examine thefatwas of alHaffar and al-Mawwaq and assess how these two jurists' familiarity
with Mudejar life may have influenced their legal reasoning. We know
that al-Haffar maintained contact with the Mudejars, sending them
legal writings and responding to their queries on Islamic practices. Did
this affect his judgment or mitigate his disapproval of Muslims living in
Christian territory? The later jurist, al-Mawwaq, happened to be chief
qddl of Granada at the very moment when Christians were besieging
the small country. Thus, he actually faced the prospect of becoming a
"Mudejar" himself. Did this lead him to a more conciliatory position?
Or did his position of authority and the esteem in which he was held by
his contemporaries move him to stand firm against co-existence with
Christians?
Historical Context
During the first decades after the Christian annexation of Sharq al-
Andalus, those Muslims who could (especially the Andalusian elite)
9 The manuscript (BN Madrid Ms. 5324), written in Maghribi script, consists
of 168 folios. The text does not include a colophon, and no date or author is
mentioned, although a number of the muftis cited lived in Granada during the
fourteenth and fifteenth centuries. The two fatwds by al-Haffar and al-Mawwaq
treated here are not included in al-Wansharisi's famous compilation, the Mi'ydr,
although a number of other fatwds issued by these two jurists can be found there.
Al-Wansharisi may not have had access to these two fatwcs, but it is interesting to
note that thefatwd issued by 'Abd Allah al-'Abdisi, which rules more leniently on
the status of the Mudejars, is likewise not to be found in the Mi'ydr.
10 BN Madrid Ms. 5324 (fols. 47v-48v).
11 BN Madrid Ms. 5324 (fols. 135v-136r).
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
260
KATHRYN A. MILLER
emigrated to the Maghrib or to the southern Muslim state of Granada.
Shortly after the conquest of Sharq al-Andalus, in fact, the Almohad
Caliph al-Rashid (r. 1232-1242) sent a letter to the Muslims of Valencia declaring that he would guarantee support to any who emigrated
from Christian territory. Upon their arrival in the Maghrib, he would
grant these Muslims protection and a place to live, "a home where you
shall live in the manner to which you were accustomed previously."12
Mudejars continued to emigrate to dar al-lsldm after the initial exodus,
but their numbers decreased significantly. These emigrants sought to
escape Christian oppression, or simply to practice their religion in the
full security of an Islamic society.
In deciding whether to emigrate to dar al-Islim, Mudejars had to
consider the prospect of leaving behind family members, their homes,
and their livelihoods. Moreover, traveling to Muslim territory was not a
simple act, even for those willing to break away from strong ties to
their communities in Christian Iberia.13 One obvious deterrent to
emigration was the difficulty that Mudejars typically encountered on
the journey to ddr al-Isldm.14 During those periods when Christian
authorities restricted mobility, Mudejars were harassed and heavily
monitored, and, especially when officials actually closed the borders,
Muslims attempting to cross into Islamic territory risked enslavement
and severe penalties.15 Every turn in the road to ddr al-lslam seemed to
12 See Emilio Molina L6pez, "Dos importantes privilegios a los emigrados
Andalusies en el Norte de Africa en el siglo XIII, contenidos en el Kitdb Zawchir
al-Fikar de Muhammad b. al-Murabit," in Cuadernos de Historia del Islam 9
(1978-79), 5-28.
13 I have tried to show elsewhere that a communitarian Mudejar identity and
stiff resistance to Christian oppression had developed over the centuries of Muslim
minority life in Christian Iberia. See Kathryn A. Miller, "Guardians of Islam:
Muslim Communities in Medieval Aragon," Ph.D. dissertation, Yale University,
1998, as well as Mark Meyerson, Muslims of Valencia in the Age of Fernando and
Isabel: Between Coexistence and Crusade (Berkeley: University of California Press,
1991), 257, which shows that 'asabiyya (group solidarity), in particular, played a
role in the Mudejars' sustaining traditional social structures and practices. See also
David Nirenberg, Communities of Violence: Persecution of Minorities in the Middle
Ages (Princeton: Princeton University Press, 1996) for another interpretation of the
construction of community identity.
14 The royal registers of the Crown of Aragon, for instance, document the dayto-day pressures imposed upon the Mudejars by their host society. Records of the
fines and punishments inflicted on the minority communities, and official decrees
restricting Mudejar mobility can be consulted in order to reconstruct these Muslims'
freedom, or lack thereof, to travel within Christian Iberia and across the border to
ddr al-Isldm.
15 The privileges provided for in the reconquest treaties in the thirteenth century
gave Mudejars the right to travel back and forth to Granada and the Maghrib,
although these rights were gradually rescinded over the next century. Martin I the
Humane in 1392, and again in 1408, forbade any Mudejar to emigrate from the
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 261
be hedged with prohibitions and checkpoints, an elaborate administrative structure which Christian rulers were anxious to maintain, since the
royal treasury stood to benefit from it. Because of this policing
operation, a Mudejar who tried to travel to ddr al-lsldm without
permission, or without purchasing a travel license, took a considerable
risk. He could be fined as much as four times the amount of the license
if he was apprehended on the road without one. In southern provinces
close to the Granadan border, any wandering Mudejar who could not
offer proof that he lived in the region was arrested.16
Financial considerations also weighed heavily in a Mudejar's
decision to emigrate. Even when Christian officials permitted Mudejars
to freely cross the border into Granada or board a ship from eastern
ports to the Maghrib, Muslims were compelled to purchase a license in
order to leave Christian lands. Mudejars must also have harbored
anxieties about how they would support their families in dcr al-Isldm.
Depending on the savings of an individual Mudejar-and the majority
of these Muslims were of modest means-he might be unable to afford
the expense of the journey for his entire family. If the cost of family
resettlement was prohibitive, were Mudejars morally bound to emigrate
individually?
Even Mudejars who had both the material means and permission
from Christian officials to emigrate often chose to stay. It is possible
that they wished to help other Mudejars. Christian sources record how
necessity compelled some Mudejars in servitude to Christians to
circulate through Mudejar communities in the regions of Valencia and
kingdom of Valencia to Muslim lands or elsewhere outside of the kingdom. This
edict was renewed intermittently throughout the century (e.g., by Alfonso V in 1438
and again in 1454). Royal officials-not to mention local lords-could not afford
a mass emigration of Mudejars in the fifteenth century. Although the demographic
balance of Mudejars and Christians had leveled off compared to previous centuries,
when Mudejars often had outnumbered Christians, losing the "royal treasure" to
ddr al-lsldm, or lords losing their vassals, was a danger that the Christians
actively worked to avoid.
16 Spanish authorities called these people "descaminats," roughly "footloose
wanderers." Mudejars were required to buy the right to travel to Muslim lands, and
numerous petitions survive in the royal archives for such documents enabling travel
as well as penalty fines for those Mudejars caught without them. The departure tax
from eastern ports was respectively referred to as dret de porta in Barcelona, exida
de sarrahins in Mallorca and delmaments de sarrahins in Valencia. See Andres
Diaz Borras, "La paradoja de la emigracion mora en Valencia durante el siglo XV.
Expatriacion Musulmana en Epoca de Honorat Mercader (1467-1481)," Cuadernos
de Estudios Medievales, Ciencias Technicas Historicas, 16 (Granada, 1991) 37-58;
Manuel Ruzafa Garcia, "La Frontera de Valencia con Granada: La Ruta Terrestre
(1380-1440)," in Actas del V Coloquio Internacional de Historia Medieval de
Andalucia (1992), 659-72; and Meyerson, Muslims of Valencia, 259-60.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
262
KATHRYN A. MILLER
Aragon, petitioning their fellow Muslims for funds to free themselves
or members of their family.17 Muslim captives of Maghribi origin
recently freed in Christian Iberia and wanting to return to dcr al-lsldm
likewise depended on the generosity of Mudejars to fund their journey
home. Again and again Mudejar communities marshalled their resources to aid fellow Muslims.18 Albeit sparse, the existing Mudejar
sources document how communities exerted pressure on their members
to donate the money needed to assist other Mudejars who were
suffering from servitude and poverty. Considering the immediacy of
these needs, the economic strain on Mudejars who were better-off
financially, and the moral significance Mudejars attributed to such
charitable acts (sadaqdt), it is not unreasonable to imagine that many
Mudejars may have chosen to spend their limited resources in helping
needy local brethren. Rather than emigrate to dar al-Islam, they
channeled their funds into local forms of resistance against Christian
oppression.
Elite Mudejars may have had yet other motives, consonant with the
perceived importance of their function in the Mudejar communities.
Both Christian and Mudejar materials reveal that Mudejar jurists
(faqihs) regulated the practice of Islamic law within Mudejar communities. Christian officials permitted them to supervise and adjudicate legal
affairs among the Muslims, and, as a consequence, faqihs worked
diligently to inform their communities of the existing laws and to
educate themselves, especially in Maliki jurisprudence.19 Thesefaqihs
sometimes traveled to ddr al-Isldm to consult legal authorities and to
collect fiqh and watha'iq manuals, returning to Christian territory to
copy and disseminate these legal texts. The ability of the Mudejars
to "manifest their religion" was in large part determined by the activity
of these religious scholars who circulated amongst the Mudejar
17 It was very easy for Muslim vassals to become enslaved by their lords,
either through penal servitude or through "contracts of servitude" (carta de cativeri)
drawn up between lords and Mudejars until outstanding debts were paid. See Mark
Meyerson, "Slavery and the Social Order: Mudejars and Christians in the Kingdom
of Valencia," Medieval Encounters 1 (1995), 159-60, on seigneurs' manipulations
of Mudejars' liberties and the manifold ways in which they might render them
dependent and immobilized.
18 Meyerson examines the plight of Valencia's Mudejar captives in his
"Slavery and Solidarity: Mudejars and Foreign Muslim Captives in the Kingdom
of Valencia," Medieval Encounters 1:2 (1996), 1-58. See also Miller, "Guardians of
Islam", 209-23, for Aragonese Muslims' efforts to free their coreligionaries.
19 See Miller, "Guardians of Islam", 85-118, for a reconstruction of the
scholarly activities offaqihs in Aragon and their travels to Muslim lands to collect
Arabic texts.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 263
communities. When faced with Maliki jurists demanding that they
abandon their self-appointed tasks as "guardians of the law," the
Mudejarfaqlhs must have felt deeply ambivalent.
To complicate matters, Christian sources disclose that Mudejars did
travel out of Christian Iberia for purposes of trade, to perform the hajj
(pilgrimage), or to conduct business or family affairs in ddr al-Isldm.
Why these travelers did not choose to stay abroad has as much to do
with the individual responsibilities that drew them back to their Mudejar communities as it does with the penalties Christian states imposed
on Mudejars when individual travelers failed to return. Frequently,
Christian officials required Mudejars traveling to Islamic lands to sign
a guarantee, a promisory deposit, to discourage them from disappear-
ing. If the Mudejars did not return, families and relatives were
burdened with what was often a hefty payment.20 While many travelers
must have been tempted to heed the injunction of Maliki jurists and
remain abroad, the prospect of impoverishing their families must have
been a powerful deterrent.
Such, then, were the dilemmas of both the Mudejars and the Maliki
jurists who were familiar with their concerns: Should Mudejar emigrants leave their families behind? Should Mudejars finance their own
emigration rather than helping their coreligionaries who were in need?
Should educatedfaqihs leave Christian lands even if they could instruct
Mudejar communities in the ways of Islam? Because few sources
survive to document the Mudejar perspective on these dilemmas, we
may never know how the Mudejars resolved these conflicts amongst
themselves. These Muslims made personal decisions about the
sacrifices they were willing to make in order to join their coreligionaries
in ddr al-Isldm. How they felt about leaving family members behind,
whether they regarded themselves as sinners for not emigrating, the
anxieties they may have harbored at the prospect of resettling in ddr al-
Islam all factored into the choice they had to make -whether to stay or
go.
We can turn, however, to the communications that Mudejars had
with jurists in ddr al-Islam and to the fatwd literature to learn more
about the specific issues that Mudejars submitted to the assessment of
the muftls in dar al-lsldm. Several fatwas that have survived, for
instance, demonstrate that Mudejars expressed their anxiety about the
20 For one instance when a Mudejar performing the hajj failed to return, see
Kathryn A. Miller, "Business with the Infidel," Western French Historical
Association Conference (Monterey, 1999).
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
264
KATHRYN A. MILLER
financial sacrifices that emigration required of them.21 In a question
posed to four Cairo judges, the mustafti (petitioner) inquired: "Should
[a Muslim living in Christian territory] spend all his capital or a certain
amount of it in order to emigrate?"22 Al-Wansharisi, in fact, was asked
by recent emigrants to the Maghrib whether they might be permitted to
return to Christian Spain because they could not find adequate means
to support themselves in ddr al-Isldm.23 Some of these migrants even
claimed that the land of the infidel was better than the land of Islam.24
Mudejars also sought advice on the status of theirfaqihs. They queried
whether educated Mudejars should leave Christian lands even if they
might better serve the cause of their faith by instructing their communities in the ways of Islam. One Mudejar asked the Cairo judges
whether religious scholars could "postpone emigration... in order to
preserve the religious doctrines of the [Mudejars] and to strengthen
their religion."25 Similarly, al-Wansharisi was asked by a recent
emigrant-afaqlh who specialized in both Islamic and Christian lawwhether it was permissible to return to ddr al-Harb with the express
21 Thefatwds pertaining to the Mudejars tend to have a short and perfunctory
istifta' (request submitted to a mufti) and a lengthy and detailed jawdb (mufti's
response). Conspicuously absent in those istifta' which survive, however, is specific
information on the nature of the hardships or the financial sacrifices that the
Mudejars would have to make. In contrast, see David Powers, "Kadijustiz or QadiJustice? A Paternity Dispute from Fourteenth-Century Morocco," in Islamic Law
and Society 1:3 (1994), 332-66, for a particularly rich example of a well-
documented istiftd'.
22 Van Koningsveld and Wiegers, "Islam in Spain during the Early Sixteenth
Century," 139. When muftfs write theirfatwas, they do not necessarily include all
of the details of issues posed to them orally by the mustafti. The omission of such
cultural context (that historians so value) is unfortunate, as it would be useful to
know specific details of the costs of emigration, the substance of a Mudejar's
"capital," or even any personal misgivings felt by a Mudejar in liquidating his
assets for the journey to dar al-Islam.
23 Mi'ydr, vol. 2, 131. Although the petitioners may have attempted to
strengthen their case by relating the economic circumstances motivating desire to reenter ddr al-Harb, al-Wansharisi's written summary of the istiftd' offers only the
"facts" of the case that he deemed necessary for him to render judgment.
24 Abou El Fadl, "Islamic Law and Muslim Minorities," 154-56. It must be
remembered that the jawdb, like the istifta', is not always transparent as a
historical source. The jawdb privileges the muftt's point of view, and thus the
socio-economic conditions that may have led the Mudejar mustafti to petition that
mufti are either included selectively or not at all. Being a pressing issue, open at
many times to interpretation, the Mudejar dilemma brought out the rhetorical
resources of Maliki jurists, who cited legal principles, bolstered their positions with
sometimes inaccurate details of Mudejar life, and freely attacked dissenting views.
See, e.g., Abou El Fadl, "Islamic Law and Muslim Minorities," 154-55, on al-
Wansharisi's shifts in tone.
25 P.S. Van Koningsveld and G.A. Wiegers, "Islam in Spain during the Early
Sixteenth Century," 139.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 265
aim of helping the Mudejars protect themselves against illegal confiscation of their property.26
To admit that Mudejars might have other obligations, either religious
or legal, that conflicted with the injunction to emigrate was not
unproblematic for the Maliki jurists. A mufti's jawib (response) to
Mudejar concerns might communicate a variety of reactions. It was
sometimes perfunctory, as we shall see in the case of al-Haffair. More
often than not, however, it was charged with emotion as to how the
jurist in question felt about Christians and Muslims living side by side,
whether he accepted Mudejars as Muslims, and whether he regarded
the legal activities of the Mudejars as authoritative. Maliki jurists
debated such issues acrimoniously, and we learn that they were
frustrated by the lack of legal precedent that would help them resolve
these dilemmas. Ibn al-'Arabi (d. 543/1148), for instance, complained
that the Mudejar predicament was "an obstinate issue that has not been
dealt with systematically by Maliki jurists."27 According to al-Wansharisi, legal scholars had not applied themselves to the task of ijtihdd
on this issue, and there was, therefore, little precedent they might draw
upon to address a novel question.28
Many Muslim authorities reacted to Mudejar circumstances with
what may seem unreasonable severity, sounding a categorical warning
that it was reprehensible for Muslims voluntarily to endure the
"ignominy" of minority life. Other muftfs, however, took into account
the conditions under which lived the tens of thousands of Muslims in
Christian Iberia. Even if they were reluctant to endorse any residence in
ddr al-Harb, theirfatwds acknowledged, and responded, to the difficult
decisions that Mudejars faced (or claimed to face) when they
approached the muftfs. Thefatwds of al-Haffar and al-Mawwaq, for
instance, specifically address the dilemma of Muslims divided by the
Christian-Muslim border. Al-Haffar was asked whether a Muslim
should leave his spouse behind in Christian territory and emigrate to
Islamic lands. Al-Mawwaq was asked whether a Muslim living in
Islamic territory was forbidden to visit his Mudejar relatives. While
many of their views were conventional, especially their firm stance on a
Muslim's duty to emigrate, al-Haffar and al-Mawwaq's contributions
to the fourteenth- and fifteenth-century debates point to the predicament
26 Mi'ydr, vol. 2, 137. And see Abou El Fadl, "Islamic Law and Muslim
Minorities," 155, for a discussion of the social and political considerations that
influenced al-Wansharisi's response.
27 Miydr, vol. 2, 128.
28 Ibid., 125.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
266
KATHRYN A. MILLER
that Maliki jurists faced: what is to be done when a Muslim's obligation to his family and community conflicts with a Muslim's duty to
emigrate?
Al-Haffar
Either in the late fourteenth century or early part of the fifteenth century,
a Mudejar couple had a disagreement. One of them wanted to emigrate,
while the other refused. Opting to settle the matter according to Islamic
law, the couple's predicament reached Muhammad b. 'All al-Ansari alHaffar in Granada.29 The mufti was asked to respond to two questions,
the first of which was whether emigration to dcr al-Isldm was, in fact,
obligatory. The second, more complicated, question directly concerned
the Mudejar couple's dilemma: Was it permissible for the husband or
wife to emigrate without the other? Moreover, if the husband owed his
wife saddq (dower), must he fulfill this obligation even if his wife
chose to remain behind in Christian territory? And, conversely, if the
wife emigrated independently of her husband, was the husband legally
bound to pay his wife's saddq?
Al-Haffar's initial answer conveyed uncompromisingly that Mudejars were not allowed to stay in Christian lands if they could help it.
Not only did the Prophet disassociate himself from Muslims who lived
with infidels, al-Haffar contended, but, on a practical level, a Muslim
would expose himself to corruption by living in close contact with
Christians. He refrained from elaborating on the precise hazards of
Muslim and Christian coexistence, simply saying that "It is not
permitted for a Muslim to keep company with one who engages in the
sinful activities of drinking wine, committing adultery, or other sinful
acts. How much the more so is it not permitted to live with one who
does not believe in God and tells lies about the Prophet?" Some earlier
jurists had held the view that Muslims might stay in ddr al-Harb if
their motive was to convert the infidel.30 Significantly, however, al-
Haffar rejected this as a justification for Muslims to live among
29 Al-Haffar (d. 811/1408). For al-Haffar's biography, see Ahmad Baba, Nayl
al-ibtihdj bi-tatriz al-dibdj (Cairo: n.p., 1932), 282 and Jos6 L6pez Ortiz, "Fatwas
Granadinas de los siglos XIV y XV," Al-Andalus VI (1941), 86.
30 Ibn 'Abd al-Barr al-Qurtubi (d. 463/1071), a Maliki jurist, wrote that "a
Muslim may reside there temporarily if he or she is safe and hopes to prevail over
the non-believers." See Yusuf b. 'Abd al-Barr al-Qurtubi, al-Kdfifi Fiqh Ahl alMadina al-Mdliki (Beirut: Dar al-Kutub al-'Ilmiyya, 1987), 210. Al-Mawardi (d.
450/1058), a Shafi'i jurist, held the same position. For both these references see
Abou El Fadl, "Islamic Law and Muslim Minorities," 149-50.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 267
Christians, arguing that Muslims did "not have the capacity to change
[this lack of belief (kufr)]." Perhaps al-Haffir was familiar with the
Christian law that forbade Muslim attempts to convert non-Muslims,
an act that was punishable by death. It is also possible that al-Haffar
concurred with the other Muslim jurists who deemed it dangerous for
Mudejars to engage Christians in theological debate, especially if (as
many jurists believed) these Mudejars lacked education and sophistication.31 On the other hand, al-Haffir may have simply gazed at the sheer
number of Christians that surrounded the Mudejar communities and
judged Muslim proselytism in Christian Iberia a lost cause.
In unequivocally endorsing emigration, al-Haffir thus condoned the
departure to ddr al-Isldm of one spouse without the other. Yet, while
emigration was preferrable to living side-by-side with Christians and
exposing oneself to corruption, al-Haffar clearly did not elevate it to a
point at which it would abrogate other Islamic laws.32 After cautioning
that "religious interests must prevail over this-worldly interests," alHaffar hastened to add that the act of emigration did not absolve a
Mudejar of his legal responsibilities, and he insisted that the saddq be
paid by the husband, regardless of whether it was the husband or wife
who emigrated to ddr al-Isldm.33 While Mudejars were called to
emigrate, they still belonged to communities that had to live according
to Islamic law. In other words, a husband could not plead a "higher
calling" as pretext to renege on his duty to pay his wife's saddq.
Significantly, if the wife chose not to emigrate, she would not be denied
her legal rights as a married Muslim.34
31 Muslims, particularly in al-Andalus and the Maghrib, harbored much
reservation towards contaminated knowledge and public exchange with Christians.
They were wary of sharing their scriptures and preferred not to debate in open forum
if there was a possibility of distorting Islamic beliefs. Ibn Rashiq (d. 674/1274-75),
for example, criticized the polemical debates that had taken place between Mude-
jars and several monks in thirteenth-century Murcia. He accused these Christians of
attempting to "attract weak minds." See Gerard Wiegers, Islamic Literature in
Spanish & Aljamiado, 51 and F. de la Granja, "Una polemica religiosa en Murcia
en tiempos de Alfonso el Sabio," Al-Andalus XXXI (1966), 67.
32 See Abou El Fadl's discussion on the application of Islamic law to Muslim
minority communities, "Islamic Law and Muslim Minorities," 172-81.
33 It is interesting to note that both al-Haffar and al-Mawwaq employ the term
maslaha (public interest) to emphasize the obligations Muslims have towards their
communities.
34 Christian documents show that Mudejar qddis arbitrated countless number
of saddq disputes locally in Christian Iberia. Because al-Haffar's fatwd was
fundamentally a conflict involving a Muslim's duty to emigrate from ddr al-Harb,
however, the couple's choice to appeal to an expert in dar al-Isldm (where the
husband might have sought legal shelter) may have made good sense, given that
the issue at stake was translocal. It is possible that other jurists in ddr al-Islam
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
268
KATHRYN A. MILLER
That al-Haffar supported the Mudejar who wanted to leave his or
her spouse behind, but took care not to endorse reckless abandonment
or disregard of Islamic law, is important on several levels. Most
significantly, al-Haffar's insistence on the validity of the wife's saddq
contract reflects his position on the legal rights and responsibilities of
Mudejars. 'Adala, the state of moral probity, qualified Muslims to
perform certain legal acts, and if a Muslim's 'adala was impugned, as
it was by al-Wansharisi in his condemnation of Mudejars in general,
he was denied the capacity to act as a witness, judge or jurist. AlHaffir, however, dismissed the challenges to the binding nature of the
Mudejar saddq contract, as expressed in thefatwd. Although Mudejars
showed poor judgment by remaining under Christian rule, their judges,
in al-Haffar's opinion, issued legal documents that must be upheld.
Even in a community subject to Christians, Mudejar contracts were
valid, and these Muslims were considered to be 'adil for the purpose of
giving testimony.35
Al-Haffir thus departed from the juristic hard line that held that
documents authenticated by Mudejar judges were invalid and that the
Mudejars were "libertines" whose "testimony and the like is not licit."36
These jurists insisted that the legal probity of a Mudejar qddi came
under suspicion on two counts. On the basis of his residence in a
Christian land, his legal reasoning was suspect, and on the basis of the
control that Christian rulers exercised over his office, his legal competence was compromised. Ibn Rabi', for example, condemned these
Mudejar faqlhs because he felt that they should have known better
than to remain under Christian rule; he dismissed out of hand the
claims of these faqlhs that their motive in staying in Christian Iberia
was to strengthen Mudejar faith and to keep their communities
informed of Islamic principles.37 Ibn 'Arafa, a jurist in North Africa
(d. 803/1401), whose position was upheld by al-Wansharisi, warned
Muslims living in dar al-Islam that they "should... be on [their] guard
made themselves available or accessible to those Mudejars seeking arbitration on
cases that involved "the border" between ddr al-Isldm and ddr al-Harb. Evidence is
lacking, but there is no reason to think that al-Haff-ar's contacts were exceptional,
or that his willingness to arbitrate a dispute between Mudejars was unprecedented.
35 It is interesting to note in this connection that the Sudanese Mahdi of the
nineteenth century ruled that if a woman stayed in Mahdist territory while her
husband was left behind in Turkish territory (the Ottomans having been declared
infidels), the marriage contract was considered null and void. See A. Layish, "The
Legal Methodology of the Mahdi in the Sudan, 1881-1885: Issues in Marriage and
Divorce," Sudanic Africa, 8 (1997), 46.
36 Mi'ydr, vol. 2, 130.
37 Van Koningsveld and Wiegers, "The Islamic Statute," 14.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 269
against the documents of the Mudejar judges like the judges of the
Muslims of Valencia and Tortosa."38
Whetherfaqlhs, who supposedly knew better than to live subject to
Christian laws, should stay behind to enforce Islamic principles and
issue contracts was not uncontested, however.39 Abf Muhammad 'Abd
Allah al-'Abdusi (d. 847/1443) from Fez, for example, ruled on "a
document coming from the Christians, based on the testimony of the
believers residing in the country of the Christians (the Mudejars)."40 In
particular, the defendant wanted to know whether a contract undersigned by a Mudejar was valid. Al-'Abdusi affirmed the legitimacy of
the Mudejar contract, saying that a Muslim's legal probity, his 'addla,
should not be impugned lightly and that he should always be given the
benefit of the doubt. The Cairo judges, representing all four schools of
Islamic law, likewise explicitly condoned the activities of Mudejar
faqihs. In fact, it was the Maliki jurist, from whom we might expect a
more conservative stance than the Hanbali, jHanafi, or Shafi'i judge,
who ruled that the religious scholars are obliged to stay even "when
they know that their faith will [otherwise] fall into decay."41 Such
faqihs owed themselves to their community.
In not condemning or dismissing the Mudejar who chose to stay, alHaffar took the pragmatic position that even in an inhospitable and
potentially corrupting environment Mudejars must continue to adhere to
the legal procedures that regulate Muslim communities. Disorder and
perhaps, even worse, subjugation to Christian laws and manners, must
be kept at bay. It would have been consistent with this position for alHaffar to feel that Mudejarfaqihs should be well-versed in Islamic law,
and there is evidence that he helped them become so. A Mudejar manu-
script preserved in the Biblioteca Nacional in Madrid (BN Madrid
4950) reveals that al-Haffar had more than once played the role of
38 Mi'yar, vol. 2, 133.
39 For the four judges in Cairo, see Van Koningsveld and Wiegers, "Islam in
Spain during the Early Sixteenth Century," 141.
40 For thisfatwd, see Abfu 'Isa Khidr al-Wazzani al-Fgsi (d. 1342/1923), alMi'ydr al-jadid al-mu'rib 'an fatdwd al-muta'akhkhirin min 'ulama' al-Maghrib
(Fes, 1328/1910), vol. 3, 22-23, and Ibn Hudhayl, L'Ornement des ames et la
devise des habitants d'el Andalus (Paris 1936-39), vol. 2, 60-61 for a French translation. I have located two earlier texts of this fatwd in the nawdzil of the fifteenth-
century Granadan jurist, Ibn Tarkat (BN Madrid ms. 5135), as well as in an
anonymous compilation of fatwas by another fifteenth-century Granadan jurist
preserved in the Escorial archive (Escorial ms. 1096). On this latter nawdzil
collection, see Mohammad Fadel, "Adjudication in the Maliki Madhhab: A Study
of Legal Process in Medieval Islamic Law", Ph.D. thesis, Chicago, 1995.
41 Van Koningsveld and Wiegers, "Islam in Spain during the Early Sixteenth
Century," 141.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
270
KATHRYN A. MILLER
legal advisor and mufti to Mudejars who had traveled from Aragon to
Granada to consult him about Islamic legal issues.42 In a series of
twenty fatwds, he discussed issues ranging from 'ibaddt (acts of religious worship) to the permissibility of charging interest (ribh), knowing
his advice would be read, heeded, and disseminated among the
Mudejar communities.43 His terse and direct narrative style reflects this
practical purpose. Mudejar envoys had expressly approached him for
counsel, and they returned to their communities to copy and disseminate
his response.
A Maliki mufti, then, could steadfastly endorse emigration, condemn
Muslim co-existence with Christians, and yet communicate with, and
offer support to the Mudejars. Consider the case of Ibn Miqlash who
lived in Oran at the end of the fourteenth century. A Mudejar emigrated
to ddr al-Isldm and approached Ibn Miqlash to ask for forgiveness
for the many years he spent in ddr al-Harb. Like other jurists who
assumed an uncompromising stance, Ibn Miqlash felt that the Mudejars
had misplaced their priorities.44 Consequently, his fatwd advanced a
scathing condemnation of the Mudejars and the "ignominy" that they
allowed themselves to suffer. Ibn Miqlash insisted that
he who lives in Christian lands does not care for what is sacred.... he
mingles with the infidels in their feasts and celebrations. With respect to
a Mudejar's wife, she is a slave to the Christian and subjects herself to
42 A qddi from Daroca and an imdm from Borja (in Aragon) originally
assembled the twenty questions and dispatched three Mudejars to Granada to
deliver them to al-Haffar in 794/1392. The dates of issuance of the fatwas were
notably close to the date of the copies (799/1397). See BN Madrid Ms. 4950 (fols.
232v-238r).
43 Otherfatwas owed to al-Haffar circulated among the Mudejar communities,
which may indicate that Mudejars approached him more than once, that his rulings
were popular, or, as was often the case, that Mudejars copied and disseminated
among themselves legal texts acquired from their journeys to dar al-Isldm. See, for
example, Escorial (Arabic) MS. 993 for two fatwds issued by al-Haffar and copied
by the Aragonese faqih, Ibrahim al-Qalbi. Another fatwd of al-Haffar was trans-
lated into Catalan in Valencia. See Carmen Barcel6 Torres, Un Tratado Catalan
Medieval de Derecho Islamico: el Llibre de la guna e xara dels moros (C6rdoba,
1989), 58 (number 220). This suggests use in non-Arabic-speaking Mudejar
communities. For translations of Arabic texts into Romance for juridical purposes,
see Miller, "Guardians of Islam", 115-18.
44 Ibn Miqlash's fatwd is the only ruling found to date on the subject of
Mudejars residing in Christian territory that we can be certain was in Mudejar
possession (it is noteworthy that his text was copied by the same Mudejar who
copied the twenty fatwas of al-Haffar. See footnote 42, above). Relatives of Mudejars living in Islamic lands and Mudejars themselves did approach Maghribi muftis
for rulings on whether it was licit to visit a relative in Christian territory or for
clarification of ambiguous distinctions that Islamic law made between ddr al-Harb
and ddr al-Islam, but thesefatwds are of Maghribi or Granadan provenance.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 271
him everyday... oh evil fortune! What is worse than one who does not
guard what is sacred, his religion and his family.45
Ibn Miqlash lamented the Mudejars' incapacity to protect what was
sacred to Islam and maintained that emigration was the only means by
which the Mudejars might redeem themselves. Yet he appended a list of
juridical texts to his fatwd that he intended to be carried back to the
Mudejars in Christian Iberia.46 He explained that these legal questions
included "precise and detailed clarification," because Mudejars were
responsible for protecting themselves from ignorance of the law. In
spite of his pronouncements to the contrary, Ibn Miqlash acknowledged
the Mudejars' needs and chose not to contribute further to their
isolation from ddr al-Isldm.
Despite placing emigration as the highest priority, both al-Haffar
and Ibn Miqlash obviously belonged among those jurists who felt that
the laws of Islam extended to all Muslims, wherever they lived. And
despite their firm stance against Mudejar residence in Christian territory, both muftis recognized the importance-perhaps even the dutyof maintaining contact with the Mudejars and supplying them with
texts so that they could better abide by the principles of Islamic law.
After all, thousands of Mudejars still remained under Christian control,
and they had to live as Muslims obedient to the law. The duty of alHaffar and Ibn Miqlash as muftis was as much to advise and communicate with Mudejars as it was to admonish them to abandon a situation of subjection to Christians. Whether other jurists in Granada and
the Maghrib also communicated with the Mudejars in such a manner is
probable, given the high number of legal texts Mudejars imported from
ddr al-lslam and that circulated among the Mudejar communities in
Aragon and Valencia.
Al-Mawwaq
The mufti Muhammad b. Yisuf b. Abi al-Qasim al-'Adari al-Mawwaq
was renowned in Granada for his integrity and legal expertise.47 He
45 My translation of BN Madrid Ms. 4950 (folio 23 v). Ibn Miqlash'sfatwd
was published with a brief introduction by Hossain Buzineb, "Respuestas de
Jurisconsultos Maghribies en Torno a la Inmigracion de Musulmanes Hispinicos,"
in Hesperis Tamuda XXVI-XXVII (1988-89), 53-66. Judging by the details of Ibn
Miqlash's response, the Mudejar who consulted him probably revealed all sorts of
sordid details about Mudejar life in Christian lands.
46 See BN Madrid Ms. 4950 (folios 229v and 331r). Buzineb, in his "Respuestas de Jurisconsultos Maghribies," does not include Ibn Miqlash's appendix of
questions directed towards the 'ulama' of al-Andalus.
47 Al-Mawwaq (d. 897/1492). For al-Mawwaq's biography, see Ahmad Baba,
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
272
KATHRYN A. MILLER
was highly esteemed as a jurist and an eloquent preacher, and his contemporaries regarded him as saintly. Apparently, a group of Muslims,
perhaps qcdds seeking his counsel, approached him concerning a
Muslim in Granada who wanted to visit his parents in ddr al-Harb.
Al-Mawwaq, familiar with the charged discussions among jurists over
the status of the Mudejars (as will be discussed in more detail below),
offered his opinion as well as alternative interpretations on the issue of
Muslims traveling to ddr al-Harb.
Al-Mawwaq's interlocutors posed a series of questions: First, was it
obligatory, recommended, or permitted that the son visit his parents or
should he refrain from traveling to ddr al-Harb, even at the risk of
neglecting them? Second, if the mufti deemed that the son was obliged
to visit his parents, might he take up residence there or must he return
immediately to dar al-lslam?48 Finally, al-Mawwaq was asked about
the permissibility of Mudejars living in dcr al-Harb in more general
terms: must Mudejars who own houses and property relinquish these
and emigrate, even if this would lead to begging for alms in dir alIsldm? Interestingly, he had been asked to present both sides of the
issue and to proffer textual evidence for his position.49 Al-Mawwaq
willingly complied and presented alternative perspectives in an
impressively unpolemical fashion.50
Like al-Haffar, al-Mawwaq did insist that emigration was a
Mudejar's highest duty. He took it as his first task to clearly convey
that the prospect of poverty in dazr al-lslim was no reason to remain in
Nayl al-ibtihaj, 324-35; GAL S II, 375. His writings include: al-Taj wa'l-iklil limukhtasar Khalil, an commentary on the Mukhtasar Khalil; Sanan al-Muhtadin fi
maqdmdt al-din (lithograph: Fez 1314/1896), a mystical commentary on Sura 35,
and various fatwas preserved in the Mi'ydr. See Luis Seco de Lucena, "La Escuela
de Juristas Granadinos en el Siglo XV," in Misceldnea de Estudios Arabes y
Hebraicos de Granada, VIII-I (1959), 17-19.
48 Fatwds that mention the Mudejars are generally not grouped together in
legal compilations. Rather, depending on the specific problem at issue, they can be
found within sections concerned with marriage law, commerce, purity law, etc. In
this particular fatwd of al-Mawwaq, the context in which it might be placed is that
of birr al-wdlidayn (filial piety to parents). Andalusi authors are known to have
composed texts on this subject and it is possible (though further research is
necessary to verify this) that al-Mawwaq is following the precedent of a previous
ruling on a son's filial piety to his parents when their actions contradict religious
obligations. See, for example, Abf Bakr al-Turtishi's (d. 520/1126) Kitdb birr alwdlidayn, ed. Muhammad 'Abd al-Hakim al-Qadi (Beirut, 1986).
49 BN Madrid Ms. 5324 (fol. 135v): "show us that text if you can or explain it
to us if it is based on something else." This indicates that the mustaftis may have
been localfaqihs or qddis.
50 Other muftis, especially al-Wansharisi and Ibn Rabi', do cite views that
dissent from their own positions but in a notably polemical and inflammatory
style.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 273
Christian Iberia. In answering whether a Mudejar should sacrifice his
livelihood and financial security to emigrate, "even if this would lead to
his begging for alms," he cited the Prophet's companions. They had
been "supported by the alms of Muslims," and demonstrated in an
exemplary manner how the charity of the umma would ease the
Mudejars' transition to ddr al-Isldm. With regard to the son who
wanted to visit his Mudejar parents, al-Mawwaq stated plainly that if
they had the material means to leave Christian territory, or if their son
could finance their emigration, then there were no grounds for the
parents to stay or for their son to cross the border into ddr al-Harb to
visit them. Al-Mawwaq clarified that, in such an instance, emigration
was incumbent upon the parents; it did not fall into the category of a
"preferrable" or "permissible" act. It was more important for the son to
obey the Creator than his parents, who were God's creatures: "No
obedience is owed to a created [human being] if [it entails] disobeying
the Creator."
At this point in the text, al-Mawwaq refered to the contemporary
fatwd of Ibrahim al-Basti. This lost ruling was evidently more lenient
towards Mudejar residence in Christian lands.51 According to alMawwaq, al-Basti had argued that Muslim presence in a Christian
land could conceivably lead to the strengthening of the faith in others.
Significantly, al-Basti observed that the Muslim who remains in Christian Iberia must be a faqlh of himself.52 In deciding whether to stay or
emigrate, a Mudejar must weigh the harm that he might encounter and,
if necessary, must follow the lesser of two evils.53
51 Al-Mawwaq cites al-Faraj b. Ibrahim al-Basti. This mufti may be identified
as Abi 'Abd Allah Muhammad b. Abi Fadl b. Ibrahim al-Basti who was regarded
highly as a jurist in Granada and known to be involved in public polemic over
controversial juridical problems. See al-Maqqari, Azhdr al-riyd fi akhbdr 'ydd, 3
vols. (Cairo, 1358/1939), vol. I, 103, and Misceldnea de Estudios Arabes y
Hebraicos VIII (1959), 26-27. That there are few references to al-Basti's life and
work may be due, in part, to the fact that he did not emigrate to the Maghrib after
the Christians conquered Granada. In contrast, his two Granadan contemporaries,
Ahmad b. Dawuid al-Balawi and Ahmad al-Daqqin, both emigrated to the
Maghrib and became well-known, figuring in the biographical manuals. See Luis
Seco de Lucena, "La Escuela de Juristas Granadinos," 26-28.
52 This could also be translated as "by himself."
53 Because Arabic texts do not include quotation marks, it is not possible to
know definitively at this point whether it was al-Basti or al-Mawwaq who made
the comment that a Muslim entering ddr al-Harb must be "a faqih of himself."
Either al-Basti's statement ends after "For it is God who is capable of giving him
this possibility," which is followed by al-Mawwaq's rejoinder "likewise by entering
ddr al-Harb..." Or, alternatively, as I read it, al-Basti's interpretation continues up
to, and including, "if there are two harmful things that occur [then] in this, the
smaller wards off the bigger."
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
274
KATHRYN A. MILLER
The citation is important not only because al-Mawwaq refers to an
unknown fatwd, but because al-Basti's position echoes that of al'Abdusi as well as al-Mazari (d. 536/1141), a Maliki jurist who had
ruled on the legality of Mudejar contracts and transactions in Sicily.54
Al-Mazari maintained that because a Muslim community must be regulated according to Islamic law, it required the presence of individuals
who possessed legal knowledge and whose testimony was considered
'ddila. Even if some might doubt the reason behind a particular qadi's
presence in dar al-Harb, a Muslim community's need for his leadership and legal authority is such that the qd4i's integrity should not be
discredited out of hand.55 In other words, Mudejars, especially their
legal scholars, should be given the benefit of the doubt. Significantly,
al-Basti's fatwa appears to convey the same basic message: the
presence of a Muslimfaqlh in Christian lands strengthens the Mudejar
community, and his residence should therefore be condoned. In
choosing duty to the local community over duty to emigrate, it is up to
the faqih to show discrimination and avoid exposing himself to
corruption.
In this particularfatwa, al-Mawwaq does not state his position as to
whether the Mudejars have 'adcla. Perhaps his assessment of this issue
is to be found in the fullerfatwd he claimed to have issued earlier, and
of which our document reflects only its "essence." But, in another
surviving fatwd of his, we learn that he looked askance at Mudejar
claims to legal expertise and credibility. Al-Mawwaq had to rule over a
botched Mudejar divorce case in which the husband had remarried
without obtaining a proper annullment (faskh). He remarked that he
was not surprised that this problem had occurred among the Mudejars.
They were "far from knowledge," he observed, adding that "in the land
of the infidel, there was ignorance over many more [things] than
this."56
Yet al-Mawwaq, like al-Haffar, closed his fatwd on a practical note.
He concluded that if a Muslim had a suitable excuse to enter dar al-
Harb, he would be forgiven. It is likely that he had personally seen
many Muslims traversing the border between Granada and Christian
54 On al-'Abdisi, see above page 269.
55 Al-Mazari's fatwd is recorded in al-Mi'yar, vol. 2, 133-34. See as well
Abdel Majid Turki, "Consultation juridique d'al-Imam al-Mazari sur le cas des
musulmans vivant en Sicile sous l'autorit6 des Normands," Melanges de
L'Universit6 Saint-Joseph, 50:2 (1984).
56 Ms. Junta 64: a fatwa of al-Mawwaq. He then ruled that their testimonies
were prohibited and that they should be disciplined.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 275
Iberia, and his word on the issue would have been influential.57 It was
al-Mawwaq's choice to offer these travelers moral guidance rather than
to prohibit their journeys categorically. He reminded these Muslims that
God would reward pious efforts, and ended hisfatwd with the reminder
that God sees everything and judges accordingly.58
Conclusion
The current state of historiography does not allow us to reconstruct all
of the local and international forces that may have influenced each
jurist to rule and write as he did. However much they revered the
principle of objectivity, the Maliki jurists were, after all, eye-witnesses
of, and occasionally participants in, the treaties forged between the
rulers of Christian Iberia and the rulers of Granada. As Van Konings-
veld and Wiegers have already pointed out, Ibn Rabi' and al-Wansharisi issued their fatwas during a low ebb in relations between Christian
and Muslim kingdoms.59 Shifts in Christian-Muslim relations, especially modifications in the treaties that affected laws of emigration,
clearly had an impact on the Mudejars' freedom and mobility, which in
itself may have engendered new legal consultations. Al-Haffar, for
instance, was active when a peace treaty was sealed between Martin I
and Granada's Sultan Muhammad VII in 1404. This treaty granted the
Mudejars the right to leave for ddr al-Isldm with their wives and
children.60 How many Mudejar families took advantage of this new
provision is difficult to estimate, but we can wonder whether the couple
who consulted al-Haffar were among those preparing to leave.
57 Muslims from ddr al-Isldm and Mudejars crossed back and forth across the
border for a number of reasons. See Meyerson, The Muslims of Valencia, 68-74 and
258-59, for a discussion of family, commercial connections and travel between
Christian Iberia and Granada. Intellectual contact may also be included among
Mudejar motives to travel to ddr al-lsldm (see above footnote 19). From the other
direction, we have evidence that Muslim teachers traveled from Granada into
Christian Spain to teach Mudejars. See ARV: MR 9715 (fol. 39r-v), for example,
where a Granadan Muslim journeyed to Valencia to teach Arabic in 1465.
58 Al-Wansharisi was also asked by a Muslim whether it was permissible to
cross the border into Christian territory. This Muslim was searching for a lost
brother; he also said that, as afaqih who specialized in both Islamic and Christian
law, he could offer help to other Muslims. With his counsel, Mudejars could protect
themselves against illegal confiscation of their property. Al-Wansharisi rejected his
plea. See Mi'yir, vol. 2, 137.
59 Van Koningsveld and Wiegers suggest the need for an intensive examination
of treaties between Christian and Muslim rulers. As they point out, these treaties
"are unlikely to have taken place without the prior consultation and agreement of
the legal advisors of Muslim rulers." See their "The Islamic Statute," 34-35.
60 Jose Maria Madurell Marimon, "Notas Documentales del Reino de Granada
(1392-1499), Cuadernos de Estudias Medievales II-III (Granada, 1974-75), 238-39.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
276
KATHRYN A. MILLER
Granada's local political context may also have influenced the muftis' views.61 What voices, for example, were more prominent among the
Granadan scholars, in light of the threat posed by Christian invaders?
How supportive were Granadan jurists of the actions of their own
political leaders? Fatwas were a medium by which to express disapproval of local Muslim rulers, and, as a prominent jurist, alMawwaq made a strong stand against Boabdil's suspected complicity
with Christian leaders and his rebellion against his father, Sultan Abf
1-Hasan. Al-Mawwaq co-signed a fatwd that condemned Boabdil's
actions, maintaining that he had ruptured the Muslim community. His
disloyalty had not only weakened the Granadan state as its borders
were besieged by Christians, argued al-Mawwiq, but had also undermined the authority of the Sultan and the cohesiveness of the Muslim
community.62
Al-Mawwaq's other writings also make clear his concern about the
role of a Muslim leader to guide and protect his community. In his
Kitdb Sanan al-muhtadinfi maqcimdt al-din, he recounted an anecdote
concerning a fourteenth-century Muslim sheikh, a respected sufi
scholar living in territory conquered by the Christians.63 Al-Mawwaq
described how the sheikh had continued to conduct his meetings in a
zawiya (meeting place for sufi scholars) after the Christian conquest,
and had even permitted an interested Christian official to join the
scholarly circle, over the objections of the sheikh's students. Despite
murmurs of discontent, the sheikh maintained that the hospitality
extended to the Christian had its purpose. For somewhat later, when a
student suffered an injustice at the hands of the Christians, the sheikh
was able to convince the official to intervene on the student's behalf.
61 Al-Wansharisi, although based in Fez, was conversant with the rulings of
jurists in Granada. He omitted, however, to include either al-Basti's or alMawwaq's fatwds on the Mudejar dilemma in the Mi'ydr, which is telling, given
that he included other fatwds by al-Mawwaq. We do not know whether alWansharisi had access to these other fatwds, but it is interesting to note that a
fatwd issued by 'Abd Allah al-'Abdfsi which, similar to al-Mawwaq and alBasti's fatwds, rules more leniently on the status of the Mudejars, is likewise not
to be found in the Mi'ydr. That Maghribi jurists were critical of the ways in which
Granada's leaders handled relations with Christians as well as Mudejars could be
one explanation of this omission, if it was indeed intentional.
62 Al-Mawwaq, along with other notable jurists in Granada, issued a fatwd
that addressed Boabdil's conduct against his father, Abii 1-Hasan. Thefatwd, dated
1483, supported the sultan and is preserved in al-Wansharisi's Mi'ydr. See
Fernando de la Granja, "Condena de Boabdil por los Alfaqies de Granada," AlAndalus 35:2 (1970-71), 145-76.
63 Al-Mawwiq records what Ibn Siraj narrates about the Sheikh al-Ziyat (d.
728/1328) in Velez after the town was conquered by the Christians. See Sanan almuhtadinfi maqdmdt al-din (lithograph: Fez 1314/1896).
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 277
This story points to the ambivalence that Mudejars felt about interacting with Christians, but it also implies that the compromises made
by Mudejars became less reprehensible if it allowed them to better
protect their community from harm.
Just as the Mudejars were torn between commitment to their
communities living under Christian rule and their religious obligation to
relocate to Islamic lands, al-Mawwaq himself faced difficult decisions.
As an influential figure in Granada, he had to balance his role as a
legal scholar with his duty to lead and preserve his community. We can
not know all the complexities behind the actions and juristic views of
al-Mawwaq and the other muftis, nor should we oversimplify their
motivations. Yet it may not be pure chance that, as far as we can tell,
al-Mawwaq chose to stay in Granada after its fall to Christian forces
in 1492. The relative leniency of hisfatwa suggests that he had a deep
understanding of the Mudejar condition, an understanding that made
this choice to remain under Christian rule if not obvious at least morally
possible.64
64 Ahmad Baba, in his Nayl al-ibtihdj, records a posthumous account of al-
Mawwaq's confrontation with Christian leaders upon their arrival in Granada in
1492. See Luis Seco de Lucena, "La Escuela de Juristas Granadinos," 18.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
278
KATHRYN A. MILLER
TRANSLATION OF A FATWA OF MUHAMMAD B. 'ALI
AL-ANSARI AL-HAFFAR
BN Madrid Ms. 5324 (fols.47v-48v)
Fatwd of Muhammad b. 'All al-Ansari al-Haffir, may God the exalted
help him.
Praise be to God. My lord-may God be pleased with you-your
answer [is requested] concerning the Mudajjaltn residing in the land of
the Christians and living in their land among them.
Is emigration to the land of Islam obligatory for them? And
concerning the two spouses: If one of them desires to emigrate and the
other refuses to do so, is it permissible for the one who desires to
emigrate to do so without the other? And if the wife is entitled to
something from her husband, namely her dower (saddq), and she did
not agree with him in the matter of emigration, can he emigrate and
leave her and not give her this, or is this not permitted until he gives her
what she is entitled to in respect to him? Can she exact from him [what
is] her right if she wants to emigrate and he refuses to do so? Should he
be compelled, by virtue of the court's decision, to do this or not?
[Answer:]
Praise be to God. The Prophet-may peace be upon him-said : "I am
free (and barPun) of every Muslim living [where] exposed to the
polytheists." [Thus] it is not permitted for a Muslim who has the
capacity to emigrate from exposure to the infidels to remain among
them, because they are subject to the laws of unbelief and because they
constantly witness lack of belief in God (kufr) and [yet] they do not
have the capacity to change it. It is incumbent upon them to emigrate
from [this] place, therefore, since it is not permitted for a Muslim to
keep company with one who engages in the sinful activities of drinking
wine, committing adultery, or other sinful acts. How much the more so
is it not permitted to live with one who does not believe in God and tells
lies about His Prophet? Thus, emigration should be regarded as a duty
by virtue of ijmd' (consensus of the community).
If one of the spouses wants to emigrate from the land of the infidel
and approach (ddr al-Isldm), and the other refuses, then he has no
excuse on this account but should [nevertheless] emigrate and leave
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 279
his/her spouse. For religious interests must prevail over this-worldly
interests.1 If one of the spouses wants to leave and one of them owes
the other, then he may not depart until he has fulfilled his obligation.
Thus, the husband should give his wife the saddq he had agreed to, or
any other obligation to which she is entitled, and [only] then may he
emigrate. Likewise, the wife, if she emigrates and he remains behind, it
is incumbent upon him to give her what he owes her.
1 It is interesting to note that al-Haffar uses the term maslaha (public interest).
As I argue in this essay, Mudejar decisions most beneficial to the community
preoccupy both al-Haffar and al-Mawwaq.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
280
KATHRYN A. MILLER
BN Madrid MS. 5324 (fols.47v-48v)
Fatwa of Al-Haffar regarding a Mudejar couple living
in dar al-Harb
.ulsL , :. , JI . , ,., b. i l LJL1 , 1 j ;S'I. I &i
U;0 i3 jY( ur -fl l_i du t I 9 - z ^^. j6JI; J 6YL4 I ( 4J4 I J-6 r;1 (jri
j JLine 14: ; lUI Jfor J
Y 1 ?rA ^ viLlj ;i S; ,& 1 >t ;L 1J I
Lr ju JLJ J ) 5A A;l 1 J5 -a :S ;I f
blar^ O 4^l4 1 J U Y l 4A (1 Sl J^ j . A;
0Jii6j Jpi to ^ t ( CjUl u j ,1 j ,1
16 Y lj I 1 A. >1 l ji UJ i J tYI 4l
(48v)
j L l .lt<; JI i4^JL ;T 6>J >l Jl isv J rf l Ar I j
L* > sI I cCj rL J &U Cls ;w .- 6 U>j ,p,3 A
rsUlo J ^^ J t 1 = 1 S < J > W? J. J *W ,^^ ^ ^ J1 J1- > *A6 W l 4JU ( A t
Notes:
Line 7:
7: gi
p~forlAJls
for
Line
Line
Line 8:
8: not
~notclear
clearin
inms.
is.
Line 9: ^lx not clear in ms.
Line 14: 6.jW for UliS
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 281
Ms. 5324
47v
^^fo"^I, i & I . A
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
282 KATHRYN A. MILLER
Ms. 5324
48r,
. i -9 I
a
-
a
Is.
.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 283
Ms. 5324
48v
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
284
KATHRYN A. MILLER
TRANSLATION OF A FATWA OF MUHAMMAD AL-MAWWAQ
BN Madrid MS. 5324 (fols. 135v-136r)
May God be pleased with you and grant the Muslims enjoyment for the
length of your lives. Your answer:
If there is a man with two parents,1 or one of them, [living] in the
Abode of War, is it incumbent upon him, permitted, or recommended, to
visit them or not, even if this results in neglecting them?
If you say the first [viz., it is incumbent upon him to visit], should he
visit them and return, or may he reside [there], [if] they request this of
him? And does [this pertain] even if Christian authority and their laws
apply to him, especially if he fears for his life? What is the judgment,
may God be satisfied with you, regarding one who is living in the
Abode of War, with house and walls? Is it obligatory for him to leave?
Even if this [would] lead to his begging for alms in the land of
Muslims? Or it is preferable for him, or is it permissible?
Explain to us the text [viz., that applies to it], and where it is found,
if you can, or explain to us the authoritative basis [viz., from God]
point by point, and what we have missed. May God reward you and
guide you, and may God accept it as a good, sincere deed [for His
sake].
Peace and mercy be upon you and God's blessings. Praise be to
God, blessings and peace upon Muhammad, the Prophet of God.
The answer: and in God [we seek] success:
If the parents2 have the capacity to emigrate or leave from the Abode
of War or the land of the infidel, without danger or fear, then it is not
permitted to them to remain there, [even] if this leads to their
impoverishment and their begging for alms.
Indeed, the Companions of the Prophet-peace be upon him-had
emigrated and left behind what belonged to them. Some of the ahl al-
Suffa3 among them were supported by the alms of Muslims. The
1 Text: "al-waladdn" (two children). Read: "al-wdlidcn" (two parents) in
accordance with line 21, where the text is "al-abawayn" (two parents).
2 Text: "al-abawayn", see previous note.
3 This term refers to a special group of people from among the Prophet's
Companions renowned for their piety and poverty who are said to have lived on the
bench (Arabic "Suffa") in front of the mosque at Medina, and supported themselves
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 285
Prophet-peace be upon him-when he received alms, would send it to
them.
Under such circumstances it is not permitted to their son to travel to
them for a visit and for any other thing which is not obligatory. If they
do not have the capacity to emigrate, and he has the means to bring
them out and rescue them from the ignominy of unbelief, then it is his
obligation to do so; otherwise, it is also not permissible for him to visit
them-even though [from another perspective] it is recommended on
account of the fact that entry into [the Abode of War] results in [viz.,
his parents] contentment-because this also leads to entering under the
ignominy of unbelief and that is a religious sin against God. No
obedience is owed to a created [human being] if [it entails] disobeying
the Creator.
Peace be upon him in whose hands this [fatwa] falls from its writer,
al-Faraj b. Ibrahim al-Basti, may God make him an avenue of
blessings for them [frequently] in the Abode of War, so that he may
fear God to his utmost extent [viz., effort] and offer his advice for
others, so that perhaps his remaining there will lead to the strengthening
of the faith of others and he may yet avail himself of the opportunity [to
leave], for nothing is impossible for God. Likewise, he who enters the
Abode of War is afaqih of himself. And one must compare the benefits
(maslaha) which [bring him to the land of war] with the harm which he
expects. It is agreed that if two harmful things occur, the lesser wards
off the greater.
And I issued afatwa of the same substance but this is the essence of
it.
He who had no excuse for entering the Abode of War or for staying
there is worthy of blame [viz., it is objectionable.] As for one who has
an excuse, he is excused on account of that excuse: For one whose
effort is pious, God magnifies his reward. God the Almighty said, One
who does "an atom's weight of good" will see it and one who does "an
atom's weight of evil" will see it.4 One who repents of sin is like one
without sin, since there is no sin greater than unbelief. And God says,
"Say to the Unbeliever, if [now] they desist [from unbelief], their past
would be forgiven them."5
Written by al-Mawwaq Granada May God protect it.
by the alms of other Muslims; cf. E12, s.v. "Ahl al- Suffa".
4 Sura 99: 7-8.
5 Sura 8: 38.
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
286
KATHRYN A. MILLER
BN Madrid MS. 5324 (fols.135v-136r)
FatwS of Al-Mawwaq regarding a Muslim who wants to visit his
parents in dar al-Harb.
.... '' ^i ,
J,t LL~C~ jl A, J )63j 3 , pI PIj p I j ji 44r . .: J
, .4t .I a.1 , J 31..j ;, , .W L.. k . ' I U p ,J L< . j I , I L , L ..
J. JU.s ,,i j 1; 4 .LMi1 1 J , Jl .IA 'j L bj ; .l , A & .Lw
L, NS. j YL ji W lI Jja ? A 4 1 ?U L j 'jj41 i Y ,1 JW Ut jl
j~
J JI
.. ^7.,
jl rL,.
o . &'
J.I ,I u.,1
J31~U
m 2t
,SI 4.4)
J J l :,.
I -JLs
i lj LlyXj.l ~ . UI~ - ,J J~
,^U.. l A-U L AMJ ^ aoL_ j L(# ^ j iJlU i jISjL iS rLI LI i^
Y~~~~~~Line~ 1 r Jr.j a.w L lj i jJ- 7
jt lU1J l lj;v ? ; jm L^ j lJ^iiJl ^S Y1 jl j 4 LCLS l Oj j^u
O(urJ L bP Vl j jLO L4- JIJ^j L^Pxl L u 1O.W ^yj Hl P<^ly ^ A lit
Yij 6L W?.j AJ l Ji &A J riwlj ^il +;.I r6jA1 J i j i JI X J ,U &L &1O
,)- ;, 1 adU as Zj)v ; J>JJI ;>* JI 9;;- e 4<jJLL.u Zu j L4;,JLj Lai J jt. Yi
;1 L. J *+ ^)r3 J\rI j,: L1 jPs4 L JJ)l 1} W I jIJ 1 0Sj ^JJJJLl) Il
4*5^ ^J)l ;aJll ,iJ;I yja l J La. l A JLf YJ.1 ^ Y - 1 AU J> *iUC ?I
v iA ll4 j^. ^. jJ^ J^JJ1Y Z?,01 ^5j p e l t 1 C;1 ls A;I A
Ali J ;J U&A Jll r_4 < LlU l >1 , oJY J>J1 i J Urc V Lj.; 1Jb
1 ;i iJll v ^J( ;>* jJxd t ^ ^1 Jti *2t.J ^ JjI , X c l 4j ^- ; e s JiUl y uui AJ ?j
JJl, l ,,H =1 w9 Y '1 4AJU w . l #A+* wI .Ui ig.
AUI L4P 1J? JljlL L 6iL Ji Lo . &Aiu I 1; eIJjU Ji Jjju
Notes:
Line 15: j. &L for . i UI
Line 1 9: ,6oj for *JSL
Line 21: ps.i for ;j
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
THE OBLIGATION TO EMIGRATE TO ISLAMIC TERRITORY 287
Ms. 6324
136r
,1
'!'
'
'
>X i1yJ
y^^^ :^+-N
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
288 KATHRYN A. MILLER
Ms. 5324
136v
t
Ijk, ,, a
,J,;
.,
|
it,' , J ,
Af I-, I
'I
I
i
?
This content downloaded from
130.15.244.167 on Fri, 25 Apr 2025 15:38:51 UTC
All use subject to https://about.jstor.org/terms
Il