his head without attaining repose, prostrated in the same manner, raised his head only a sword-edge’s breadth, then prostrated again. He rose and did the same (1) a second time, then invalidated his ritual purity in place of the closing salutation. The king—who was a Hanafī—thereupon disavowed (2) this (3) school.
They also deemed misappropriated property lawful if the usurper altered (4) its form. They said:
“If a thief entered the house of a man (5) who had therein (6) livestock, a mill, and grain, and the thief ground the grain using the livestock and the mills (7), he would thereby acquire ownership of that flour (8). If the owner then came and disputed it with him, the owner would be the wrongdoer and the thief the wronged party (9). If they fought and the owner was killed, his blood would go unavenged (10); but if the thief was killed, he would be a martyr.”
They made the prescribed punishment obligatory for the fornicator if he accused the witnesses of lying (11), but waived it (12) if he affirmed their testimony. Thus, the prescribed punishment was waived (13) when confession and testimony were both present—and this
(1) (N) and (M): “and he did so.”
(2) (N), (M), and (W): “then he invalidated his ritual purity, whereupon [the king] disavowed [the school]”; (A): “then he invalidated his ritual purity; [the king] said”; (K): “then he invalidated his ritual purity in place of the closing salutation, whereupon [the king] disavowed [the school].”
(3) (N): “from that”; (A): “whose is this?”
(4) (A), (B), and (S): “the misappropriated property to someone other than its usurper, if [the usurper] altered [it].”
(5) (S) and (B): “a person’s sphere”; (N) and (W): “the person’s sphere”; (M): “the person’s house.”
(6) (N) and (M): “in it.”
(7) (K): “the thief [ground] the householder’s grain using the householder’s livestock and mills.”
(8) (K): “he thereby acquired ownership of the grinding”; the word “acquired ownership” is absent from (S).
(9) (N) and (M): “and the thief would be wronged”; (W): “and indeed the thief would be wronged.”
(10) (N) and (M): “If the owner were killed, he would be a wrongdoer.”
(11) (S) and (A): “if they declared the witnesses liars.”
(12) “And they waived it”: thus in (K); all other copies read: “and he waived it.”
(13) (K): “and so they waived [it].”