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Waqfs and ṣūfī monasteries in the Ottoman pollicy of colonization: Sultān Selīm I's waqf of 1516 in favour of Dayr al-Asad1

Published online by Cambridge University Press:  24 December 2009

Aharon Layish
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Extract

A folktale current among the inhabitants of Dayr al-Asad, a little village in Western Galiee on the Acre-Safad road, repors that in the early sixteenth century a Ṣufī shaykh named al-Asad was once travelling towards Safad, when he came upon some inhabitants of cha Christian village of al-Bi‘na, which then contained a monastery (dayr) and a Crusader church, and was insulted by them; moreover, while he was praying by the village spring, a lion (asad) appeared and devoured his donkey. Nething daunted, the shaykh put his saddle on the lion's back, mounted and galloped eastward until he suddenly found himself face to face with the Sulṭān Selīm I (or according to others, Süleymān ‘Qānūnī’), The sulṭān, to indemnify him for the insults of the Christians and in recognition of his courage and resourcefulness, permitted him to settle at Dayr al-Bi‘na. Some say that th shaykh returned to the village on the lion’s back after the sulṭān had expelled the Chrisians. Thereupon, so the story continues, Christian Dayr al-Bi‘na became Muslim Dayr al-Asad. The Christian Population established established a new settlement, called al-Bi‘na, about half a kilmetre south of Dayr al-Asad. There is today at al-Bi‘na a smal Christian minority, which in the opinion of the people of Dayr al-Asad originates from Dayr al-Bi‘na.

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Bulletin of the School of Oriental and African Studies , Volume 50 , Issue 1 , February 1987 , pp. 61 - 89
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Copyright © School of Oriental and African Studies, University of London 1987

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References

2 The story which prompted this research was told my colleague, Dr. Amihoud Israely, by an onhanitant of the village; it is reproduced in his book, Biq‘at Beit Ha-Kerem ve-Yishuveha—Gisha Hevlit, Haifa, 1979, 23. It also figures, with slight variations, in notes taken by my colleague, Professor Hava Lazarus-Yafeh; I thank her for placing them at my disposal and for the help she gave me subsequently. My colleagues, Professors Amnon Cohen and Michael Winter, read the manuscript and made valuable comments, for which I am very grateful. Needless to say that I alone am responsible for any mistalkes that may have remained.Google Scholar

3 Kramers, J. H., art. ‘Seīm I’, Encyclopaedia of Islam, Leiden and London, 1913ff., 217;Google ScholarKurd, Muhammad ‘Alī, Khiṭaṭ al-shām, part II, Damascus, 1925, 317–19.Google Scholar

4 Kramers, ‘ Selīm I’, 215; Shams al-Dīn Muḥammad Ibn Ṭūlūn, Mufākahat al-khullān fīḥawādoth al-zamān, ed. Muḥammad, Muṣṭafā, part II: 922–926 [H.], Cairo, 1964, 24.Google Scholar

5 The infidels referred to may be the Mamlūks, in which case political antagonism would have been expressed in religious terms. I thank my teacher and colleague, Professor David Ayalon, for confirming the Possibility of this interpretation.

6 See, e.g., Ibn Ṭūlūn, part II, 23, 25.

7 Kramers, J. H., art. ‘Selīm II’, Encyclopaedia of Islam, Leiden and London, 1913 ff., 277.Google Scholar

8 cf. Kurd ‘Alī, part II, 229, 231.

9 H. Kena'an, ‘Ha-Waqf mi-Yemei ha-Sulṭan Selīm ha-Qoder’, Ha-Aretz, 24 November, 1960. See Jedgement of the Sharī'a Court of Acre of 1838 (Appendix B).

10 cf. R. Veselý, ‘ Trois certificats délivrés pour les fondations pieuses en Égypte au XVIe siècle’, Oriens, 21–2, 1971, 286 [8], 293. But see ibid., 296 [2].

11 Muslim Division of the Ministry of Religious Affairs, File HM/4/3 No. 437 of 11 March, 1949; No. 596 of 27 June, 1957.

12 Layish, A., ‘The Mālikī family waqf according to wills and Waqfiyyāt’, BSOAS, XLVI, I, 1983, 23–5 and the reference in n. 126; cf. K. L. Brown, ‘ Notes on the significance of waqf in a Tunisian Zāwiya’, in G. Baer and G. Gilbar (ed.), Social and ecomic aspects of the Muslim waqf (forthcoming).Google Scholar

13 In 1957, the mutawallī of the waqf wrote to the Minister of Religious Affairs that he had in his possession a waqfiyya proving that a certain quarry site, the subject of a dispute with th Land settlement Officer, was part if the waqf. muslim division File HM/4/3 No. 596 of 27 June, 1957 (letter from mutawallī to Minister of 26 June, 1957); No. 607 of 28 June, 1957 (letter from Qāḍī of Acre, of 21 May, 1957); No. 609 of 28 June, 1957 (letter from Būlus Būlus, of 22 May, 1957). Cf. Heyd, U., Ottoman documents on Palestine 1552–1615, Oxford, 177–9.Google Scholar

14 Civil Appeal No. 102/60. Jābir Muḥammad Ḥusayn ai-Asadī and two others, as mutawallīsof the waqf fo Shaykh Muḥammad al-Asadī, v. State of Israel, Piskei Din (Judgements of the Supreme Court), XVI (5721/22—1961), 123–32.

15 Kramers, ‘Selīm I’, 215; Th. Aenold, W., The Caliphate, London, 1965, 144–5Google Scholar and the source indicated in n. 12; Kurd ‘ Alī, part II, 222; Ibn Ṭūlūn, part II, 32–3. Cf. Butrus, Abu-Manneh, ‘A note on the keys of the Ka'ba’, Islamic Quarterly, XVIII, 3–4, 1974, P. 73, n. 1.Google Scholar

16 Al-Ḥasan b. Muḥammad al-Būrīnī, Trājim al-a‘yān min abnā’ al-zamān, part 1, ed.Ṣalāḥ al-Dīn, al-Munajjid, Damascus, 1959, 179;Google ScholarMuḥibbīammad, al-Muḥibbī, Ta'rīkh khulāṣat al-athar fī a' yān al-qarn al-ḥādī'ashar, 個Cairo倍, al-Maṭba' al-Wahhābiyya, 1284/1867, 177.Google Scholar

17 See Selīm I's waqfiyya of 1516 (Appendix A), n. 148.

18 ‘ufiya 'anhu'he has been forgiven’, a usual expression of modesty; see, e.g., the judgement of 1838 (appendix B), 1. 4, and the judgement of 1856 (pls. II, III).

19 This is not certain, Ghafara allāhu is a usual expression of modesty and humility also in relation to living persons. Cf. Ebied, R. Y. and Young, M. J. L. (ed. and tr.). Some legal documents of the Ottoman period, Leiden, 1976, 6, 34;Google Scholar the waqfiyya of Ḥājj Ad'‛d Muḥammad Jabr, of 1371/1952, sijill of the Shar‛'a Court of Jaffa. The Waqfiyya was published in Baer, G. and Layish, A., Waqf ba-Ḥevra ha-'Aravit ha-Modernit, Alademon, Jerusalem, 1971, 27.Google Scholar

20 cf. ‘ḥālan’ in Judgement of te Sharī a Court of Acre of 1838 (Appendix B), 1. 3.

21 At my visit to Dayr al-Asad on 20 March, 1984, Ibrāhīm al-Asadī hinted that the original of the waqfiyya—in dilapidated condition—was in the village.

22 Muslim Division, File HM 4/3 No. 437 of 11 March, 1949; File HM 21/787 of 9 September, 1949.

23 See Selī I's waqfiyya of 1516 (Appendix A), n.149.

24 cf. Saarisalo, A., ‘A waqf-document from Sinai‘, Studia Orientalia(Helsingforsiae), vi, 1933, Arabic, PP. 1, 41; English, PP. 6, 11.Google Scholar

25 See, e.g., Judgement of the Sharī'a Court of Acre of 1838 (Appendix B), 1. 4 and Judgement of the Sharī'a Court of Ṣafad of 1293/1876 (pls. II, III).

26 Anderson, J. N. D, ‘The religious element in waqf endowmentsr’, Journal of the Royal Central Asian Society, 38, 1951, 292–9;CrossRefGoogle Scholar G. Baer, ‘ The waqf as a prop for the social system (sixtenth-twentieth centuries)’, in Baer and Gilbar;Goitein, S. D. and Shemesh, A. Ben, Ha-Mishpaṭ hamuslimi bi-Medinat Yisra'el, jerusalem, 1957, 156–7.Google Scholar

27 Aḥmad b., Muṣṭafā, Al-Shaqā iq al-nu‘māniyya fī 'ulamaā’ al-dawla al-‘uthmāniyya, in the margin of Kitāb wafayāt al-a' yāa wa-anbā' al-zamān lil-Qāḍī Ibn Khaliqān, Part I, Cairo, 1299, A.H., 598–600, 614, 635–6, 640–1, 649–50, 654–5. For iltizām cf. Heyd, 141.Google Scholar

28 Ibn Tūlūn. part ii, 36, 68, 70, 72, 79, 85, 97, 124; Kurd 'Alī, part II, 225–6; ibid., part VI, Damascus. 1347/1838, 381, and 143, Sa‵ al-Dī b. Ḥasanjān, Tāj al-tawārīkh, ii [Istanbul, 1279 A.H.]342–3, 379–80; Winter, M.‘Sheikh 'Ali Ibn Maymūn and Syrian Sufism in Israel Oriental Studies, VII, 1977, 295,307.Google Scholar

29 Trimingham, J. S.The Sufi orders in Islam, oxford, paperback, 1973, 76, 240 and the source indicated there; Ibn T–l–n, part II,14–15; Kurd ‵Alț, part II 222.Google Scholar

30 Sa' al-Dīn II, 349–41 (and Ibn Iyās, as cited in n.2),148–9, 152–3; Kurd 'Alī, part 231, 231, 319.Google Scholar

31 Prawer, Y.,Toledot Mamlekhet ha-Tzalbanim be-Eretz Yisra'el: Mas'ey ha-Tzlav veha' Mamlakha ha-Sheniya, Jerusalem, 1971, 35'489, 25, 491;Google Scholar Israely, 21' 31'2 and the sources indicated there, For details of the remnants of the Crusader castle and church see Foerster, G.,‘Zihuy shel Seridim Tzalbaniyim Nishkahim be-Dayr al-Asad sheba-Galil ha' Merkazi’, Teva va-Aretz, XI, 1969, 230'1 The survey of Western palestine, I, SheetsI-VI,London, 1881, 168. For a sketch of the Crusader castle see Rockefeller Museur, File 45, Deir al-Asad, Report No. 3837, by N.Makhouly of 40 December, 1946. I wish to thank Mr.Ronnie Reich, of the Antiquities Department, Rockefeller Museum, for the valuable help extended to me.Google Scholar

32 Dori, Y., ‘Penei ha-Tequfa:Eretz Yisra'el ba-Medina ha-Mamlukit’, in Cohen, A. (ed.), Shilton ha-Mamlukim veha-'Othmanim (1260–1804), VII, Jerusalem, 1981, 51.Google Scholar

33 Ibn Ṫlūn, part II, 33, 41;Kurd 'Alī, part II, 227.

34 Kramers, ‘Selīm I’, 216;Arnold, 149.

35 Kurd 'Alī, part II, 227,228; Winter, 'Alī Ibn Maymţn, 290 and the sources indicated in n. 50.

36 Al-Khiḍr is the Arabi name of Saint George (I am obliged to my colleague, Dr. Butrus Abu-Mnneh, for pointing this out to me)

37 Al-Būrīnī, part I, 178–9; al-Muḵibbī. 177.

38 Cohen, A., ‘“Lo Yarashta ve-Lo Gerashta” — Yehudei Yerushalayim ve-Gerush ha–Frantzisqanim me “Har Zion”’, Cathedra, 22(January 1982), 62–3, 69–71; Heyd, 149; Winter, M., ‘Reforma Ḣevratit ve-Datit ba-Ṣsufiyut ha-Me'ukheret’, ha-Mizraḥ he-Ḥadash, xxxi, 1986 (in press),Google ScholarCohen, A. and Lewis, B., Population and revenue in towns of Palestine in the sixteenth century,Princeton, 1978, 32–3.Google Scholar

39 See the Gnealogical Document (pl.IV)

40 Ibn ṣūlūn, part I, 884–921 [H.], Cairo, 1381/1962, 57–8, 328, 335.

41 ibid., 320; Winter,'Alī Ibn Maymūn, 281–287–97, 307; Trimingham, 89–90, 278.

42 Ibn Ṫūūn, part II, 62–

43 Sa'd al–Dīn, ii, 343. Cf. Winter, ɺlī Ibn Maymūn, 297, 305.

44 Al-Būrīnī, Part I, 179; al-Muḥibbī, 177. According to a family tree of Shaykh Muḥammad al-Asad, he had four sons, none of whom was called Aḥmad, but a grandson by his son Maḥf73x016B;ẓ bore that name. This family tree is a copy, made by Muḥammad Abū Sa'ūd Asadī and Yāsīn Qāsim Ḥusayn on 19 April, 1960, of ' the old family tree (sajara)’. See pl.I; judgement of the Sharīa Court of Acre of 1838 (Appendix B); 1.5, judgement of the Sharīa Court of Safad of 1273 1856. Later, in 1291/1874, the son who had been appointed imām asked to be paid for his services at the zāwiya, and the Nā'ib permitted him to collect his remuneration out of the zāwiya waqf. He again asked for and obtained pay in 1293/1876. The three judgements are written on the same sheet (see pls. II, III,). I am indebted to Engineer B. Dichter for placing that sheet at my disposal. For evidence on the descendants of Shaykh Muḥammad al-Asad in the sijil of Safad of the late seventeenth century see Ebied and Young, 36, 38 and 41.

45 Al-Būrīnī, part I, 178;al-Muḥibb73x012B;, 177.

46 Abū ‘I-Fida’ al-Ḥāfiẓ ibn Kathīr, Al-Bidāya wa'l-nihāya, xiii (2nd ed.) Beirut, 1977, 93–4; Trimingham, 240.As for the name of the river, sec Ibn Ṭūlūn, part I, 64, 358.

47 See the Family tree of Shaykh Muḥammad al-Asad (pl.I); Lazarus-Yafeh, Notes; Trimingham, 41, 43; Winter, 'Alī Ibn Maymūn, 305.

48 Trimingham, p. 21, and p.43.

49 ibid., Index, s.v.‘Asadiyya’, 271;Ibn Ṫūlūn, part ii, 35, 75, 112–13.

50 Ibn Ṭūūn, part II, 35, 75, 112–13

51 AL-MuḥṪibbīi, 177; Kurd' ALī, part VI, 157.

52 See the family Tree (PL.I) Muḥammad Abū'ūd Asadī Confirms that we have to do here with a personal name (Amīrahum). I wish to thank my collegue, Professor G. Goldenberg, for clarifying the linguistic structure of the name; Genealogical Document (pl.IV).

53 w9,23–4, 67–8

54 One of them, ‘Asad al-Shām’, was dicussed above, p.72. For more evidence see Trimingham, 240.

55 Drori, 53; Trimingham, 17 and the sources indicatrd there.

56 Trimingham, 23–4, 67-, 232.

57 Barkan, Ömer Lutfi, ‘ Les fondations pieuses comme éthode de peuplemnt et de colonisation. Les derviches colonisateurs de I'epoque des invasions et les couvents (saviyé (saviyé). Vakiflar dergisi, II, 1942 (partie francaise), 59–65;Google ScholarFaroqhi, Suraiya, ‘The Tekke of Haci Bektas: social postition and economic activities’, International Journal of Middle East Studies, VII, 2, 1976, 183, 195–6;Google Scholar V.Mutafcieva, ‘Problémes fondamentaux de I'étude vakf en tant que partie de la structure sociale et économique des Balkans sous la domination ottomane (XV-XIX s’, in Baer and Gilbar; Ī. Metin Kunt, ‘The vakif as instrument of public policy: notes on the Köpuülü family vakifs‘ in Baer and Gilbar; Barkan's above-mentioned research was a very important source of inspiration for the socio-historical analysis of the waqfiyya. I am indebted to my colleague.Dr. Miriam Hoexter, for drawing my attention to that article. Interview with Muhammad AŪ'I-Sa'ūd al-Asadī on 1st Jaunary, 1984, and with Ibrāhīm al-Asadī on 20 March, 1984.

58 O'Fahey, R.S., ‘Endowment. Privilege and estate in central and eastern Sudan’, in Baer and Gilbar; E.E.Evans-Pritchard, The sanusi of Cyrenaica, Oxford, 1949, 70–1, 78, 84;Google ScholarNicola A., Ziadeh, Sanūsiyah: a study of a revivalist movement in Islam, Leiden. 1968, 114–15.Google Scholar

59 Barkan, 63–4; Mutafcieva; Kunt; Faroqhi, 193, 206.

60 Baer; Trimingham, 7, 18, 169; Heffening, W., art ‘Wakf’, Encylopaedia of Islam, IV, 1932, 1098–9.Google Scholar

61 Faroqhi, 194, 206–7; Evans-Pritchard, 74–8; Ziadeh, 115, 117; Borwn.

62 Faroqhi, 184. See also ibid., 185, 206.

63 Ibn ṫlṫn. part II, 65,73. The establishment of waqfs in favour of zāwiyas is a tradition continuing well into the twentieth century. See Sharīa Court of Jaffa, Sijillāt al-Ḥujuj, vol. 223, p.14, no. 435 of 23 June, 1942 (a Naqshabandī zāwiya in Jerusalem); Sharīa Court of Acre, Waqfiyyat al-Shādhilī, Acre, of 1312/1894, Judgement of 12 December, 1936, and Tarshīḥā, file no. 12/1280, Judgement of 28 July, 1930.

64 Barkan, 63, 65; Kunt Cf, Evans-Pritchard, 77.

65 60,62,63.

66 Judgement of the Sharīa Court of Acre of 1838(Appendix B); Muslim Division, FileHM/4/3, 2 August, 1949, no. 596 of 27 June, 1957 (the mutawallīs letter to the Minister of Religious Affairs of 26 June, 1957); interview with Muḥammad Abū ‘1–Sa'ūd Asadī of 6 January, 1984; Kena'an.

67 Faroqhi, 191–2, 198,207.

68 Trimingham, 15–16, 168.

69 ibid., 118 f.; Brown.

70 Barkan, 65; Trimingham, e.g., 15, 20, 71, 73, 83, 173–4; Faroqui, 192.

71 Judgement of the Sharīa Court of Acre of 1838 (Appendix B); Judgements of the Sharīaourt of Safad of 1856, 1874 and 1876 (pis. II, III); Kena'an.

72 Evans–Pritchard, 65, 85; O'Fahey.

73 Lazarus–Yafeh, Notes.

74 Barkan, 61, 63, 65; Faroqhi, 183.

75 Evans–Pritchard, 65, 66, 69, 82–3; Ziadeh, 115, 121–2; Brown; O'Fahey.

76 Trimingham, 168; Evans–Pritchard, 82–3; Brown; O'Fahey.

77 A tendency to reinforce the Muslim presence—weakened by the Crusader regime—at Islamic holy places in Palestine through waqfs in favour of ṣūfī zāwiyas existed even before the Ottoman conquest. A case in point is the waqf of Abū Madyan, of 7201/1320, in favour of a zāwiyas in the Maghribī Quarter of Jerusalem. See Massignon, L., Documents sur certains waqfs des lieux saints de Islam, Paris, 1952, 82 ff.;Google ScholarTibawi, A. L., The Islamic pious foundations in Jerusalem, London, 1978, 9 ff.Google Scholar

78 The copyist of the waqfiyya, except the certifications by the qāḍīs and witnesses at the end, is Muhammad Abū 'l–Sa‘ūd al–Asadī of Dayr al–Asad. At a meeting with him in the village on 6 January, 1984, I produced the document to him. He identified his handwriting by comparisons with doucments in his possession and said he had made the copy over thirty years before. I have in my posession a further copy, written by an as yet unidentified person on 26 June, 1957 (hereinafter:‘the 1957 version’). There are slight differences between the two versions. The first version seems to be truter to the original than the second. Both documents were placed at my disposal by the Muslim Division of the Ministry of Religious Affaris, to which I am grateful for this and for the considerable help I was given by it in various ways while conducing the research.

79 Underneath this line, the 1957 version has the words ‘Prasise be to God the Praiseworthy’.

80 ‘Tied up inalienably’ means precluded from any transaction; it is synonymous with ‘dedicated’.

81 cf.Saarisalo, , English, p. 12: (9); Arabic, p. 5: (9).Google Scholar

82 Literally:‘given without recompense in this world’, the requital being of a religious nature. cf.Saarisalo, , Arabic, p. 5: (9); English, p. 12: (9).Google Scholar On the connexion between charity and waqf see Stillman, N. A., ‘Waqf and ideology of charity in medieval Islam’, in Baer and Gilbar.Google Scholar

83 One of the titles of Sultān Selīm I and other sulṭāns. See Arnold, , 128, 130, 135, 138, 154, 161, 203.Google Scholar

84 Al–Wadūd—one of the attributes of All–h.

85 Titles of the Ottoman sulṭās. See Arnold, , 147, 161, 203.Google Scholar

86 Titles of the Ottoman sulṭās. Cf. Arnold, , 156;Google ScholarCohen, A. (ed.), Shilton ha–Mamlukim veh 'Othmanim (1260–1804), VII, Jerusalem, 1981, 99.Google Scholar

87 Titlts of the Ottoman sulṭās. Cf. Arnold, , 155–6Google Scholar

88 A common title of Selībeta;;m I. See Arnold, 153; Cohen, Shilton ha–Mamlukim veh 'Othmanim 9, 99. See the article, p. 62.Google Scholar

89 The 1957 version has yajzī.

90 The 1957 version has the words ‘Khirbat Ḥawtal’ after ‘the whole of’

91 This was the name of the Christian village before it became Muslim Dauyr al–Asad. See the article, p. 61.

92 See the article, p. 67.

93 On the administrative division of the Safad district in the sixteenth century see Cohen, , Shilton ha–Mamlukim veha' Othmanim, 101.Google Scholar

94 The derogatory expressions are taken from the Qur'ān. See, e.g., 58:19 ḥizhb al–shayṭn; 31: 13, 34: 22, 40: 35 (shirk); 5: 64, 65, 60: 17, 18 (tughyān).

95 Thus (al–mubayyan) in the 1957 version. The earlier version has al–mu‘ayyan.

96 Khalāwī Cf. ‘retreat’ Trimingham, 75; Cohen, , Gerush ha–Frantzisqanim, 68; Hoyd, p. 178 n. 6. We have to do here with a Christian monastery converted into a ṣūfi zāwiya.Google Scholar

97 The place is today called ‘Ma‘āṣir Ḥaṣriyya’. See Division, Muslim, File HM/4/3 no. 596 of 27 June, 1967.Google Scholar

98 These cisterns exist to this day. See Israely, 23, and the sources indicated there.

99 cf. marfiq (something that has some benefit or advantage) in Lane, E. W., Arabic–English lexicon, London, 1863. In land settlement proceedings at Dayr al–Asad, the mutawallīs of the waqf nrequested that the nearby quarries be considered part of the waqf property. See the article, p. 64.Google Scholar

100 Such as rights of passage. Cf. Salāḥ al–Dİn al-Munajjid, Kittāb waqf ‘Uthmān b. As'ad b. al–Munajjā, Damasacus, 1949, p. 27, 11. 10–12; Vesely, 297 [11].Google Scholar

101 The word al–dayr appears only in the 1957 version.

102 A;–Qaṣ‘a is a place near the village which has been identified by Muhammad Abū ’l–Saūd al–Asadī

103 In the 1957 version, the word allatī replaces ilā producing the reading ‘…from al–Jasla, which is east of the spring’.

104 Fīhi is a scribal error; the 1957 version has fī.

105 The caves are on the hillside overlooking the village. It seems that strong winds produce ‘blowing’ sounds at the entrances to the caves, whence the latter's name. See nafkha in Lane.

106 The passage in square brackets has been omitted in this version. It appears in the 1957 version.

107 In execution proceedings. Cf. Saarisalo, , Arabic, p. 1, 3: (22), 4: (1); English, p. 7, 10: (22), 11: (1).Google Scholar

108 The leter sīn was apparently omitted owing to a scribal error.

109 Charity in the waqf sense. See Stillman.

110 i.e. who believes in the hereafter.

111 cf. al–Munajjid, p. 27, 11. 1–3.

112 cf. Himli, Omer, A gift to posterity on the laws of Evqaf, tr. Tyser, C. R. and Demetriades, D. G. (2nd ed.), Nicosia, 1922, art. 4.Google Scholar

113 Dhikr in the 1E63;ūfī sense. See Trimingham's Glossary, 302, s.v. dhikr.

114 the expression is taken from the Qur'ān. See, e.g., 21: 89, 28: 57. See also Tibawi, p. 12 n. 12.

115 Sayyid is an equivalent of Sharīf or an honorific title bestowed on 1E63;ūfī shaykhs. Cf. sīdī in Heyd, p. 149, n. 1.

116 The length of the arm is a measure of physical strength.

117 cf. Trimingham, 26, 104, 141, 145.

118 cf. Heyd, 149; Vesely, 290[3]

119 Should read ‘ayn a'yān [without al–] awliyā, and so has the 1957 version. Cf. Trimingham's Glossary, 313, s.v. walī.

120 The knowledge of God in the mystic sense. See in Trimingham's Glossary, 300, s.v. 'ārif.

121 In a 1E63;ūfī sense (dhikr); or; who finds shelter with the Creator, also in a 1E63;ūfī sense. See also Lane (‘Ûaddresses himself with earnest supplication [to God]’).

122 Gnostic, mystical knowledge, as opposed to intellectual knowledge (‘ilm). this epithet is given also to the Sāfī Ibn al–‘Arabī. See Kurd ‘Alī, Part II, 225. Cf. qutbu ‘l–'ārifīn in Heyd, 128.

123 Sāda, pl. of sīdī. See above, n. 115.

124 The expression shams al–milla is very common in al–Fārābī. I wish to thank my colleague, Professor M. Swartz, for drawing my attention to this fact.

125 On the significance of this genealogical relationship see the article, p. 73.

126 cf. Nafa'a Allāh bi–barakatihi— ‘may God grant benefits in answer to the benedictions pronounced by Him’ in the waqfiyya of Abū Madyan. See Massignon, 98–9; Ibn Tūlūn, part II, 23–4 (…al–sultān…yas'a l–du‘ā’ min ahl dimashq), 33 (‘inda al–du‘ā’ lahu).

127 Thus in the 1957 version. The earlier versin has wa–ayyan.

128 Nasl and dhuriyya are synonymous terms for the descendants of sons and daughters untill the end of all generations; ‘aqb means the descendants of the sons (to the exclusion of the daughters), i.e. agnatic descendants only. See Ahmad, Abū Bakr ‘al–Shaybānī al–ma‘rīf bi’l–Khaṣṣāf, Kitāb ahkām al–awqāf, [Cairo], 1904, 93, 94 and 97. The document before us seems to refer to agnatic descendants only.Google Scholar

129 Mahrūsa became an epithet of a large town. Cf. Saarisalo, , Arabic, p. 1; English, pp. 6 and 7.Google Scholar

130 cf.Saarisalo, , Arabic, p. 6 (28); English, pp. 14–15: (28)Google Scholar

131 cf. Hilmi, art. 298.

132 The Shaykh's name appears in 1957 version.

133 The 1957 version has alghathu which here has the same meaning.

134 Should read falil–nāzir.

135 The 1957 version has al–waqf.

136 An ‘ idle lessee’ (see kharaja yatahawwajin Lane)is not sufficiently serious and trustworthy. Thus in the 1957 version; the version before us has mutaḥḥawith, apparently due to a copuist' error.

137 Cf. Layish, 6.

138 For details of the ‘ Ten stipulations ’ see Muhammad Qadrī Pashā, Kitāb qānuān al–‘adl lil–qa1E0D;ā’‘alā mushkilāt al–awqāf, Cairo, 1902, p. 35, arts. 120 f.

139 ‘Complete’ in the legal sense. Cf. nājiz in Saarisalo, Arabic, p. 2: (13); Englisn, p. 9: (13).

140 Cf. Saarisalo, Arabic, p. 8: (50), (51); English, p. 17: (50),(51).

141 Cf, Qur'ān, 26: 88; al–Munajjid, p. 33, 11. 2. f.

142 Quoted from the Qur'ān,2: 181. The Qur'ānic prohibition of altering a wil is here extended to a waqf. In the 1957 version, the quotation appears in brackets.

143 Cf. ṣaḥḥa ‘indī in Saarisalo, Arabic, p. 4; English, p. 11.

144 Thus according to the 1957 version; the earlier version has mu'tabara [?] ‘ respected’.

145 Cf. nufādh in Saarisalo, Arabic, p. 7: (46); English, p. 16: (46).

146 i.e. 17 December, 1516.

147 i.e. the Prophet Muhammad. Cf. Ebied and Young, 6, 32.

148 What is meant is probably the mosque. It is usual for a court of law to sit in a mosque. Cf. 'House of God' (in Mecca) in Arnold, 161. Bayt a;–ibāda has a wider meaning; it includes also a ṣūfİ manastery (dayr), a synagogue and a church. See Kurd 'Ală, part VI, 3.

149 The 1957 version mentions Aleppo instead of Damascus, probably due to a scuibal error since the waafiyyais later said to have been confirmed by a judge appointed in Damascus.

150 Cf. al–ūrīnī, part I, 179; Vesely, 257[5], 286[6].

151 The 1957 version mentions Aleppo instead of Damasucs. See above, n. 149.

152 The 1957 version has afdal (‘the most distinguished ’) instead of afqar.

153 Ebied, Cf. and Young, , 34–8, 70(Deputy Judge).Google Scholar

154 Literally: ‘ Pride of the Notables ’, an honorific. Cf. Ebied and Young, 32and33

155 Cf. Heyd, p.149, n. 1.

156 In the 1957 version, the name of the witness is ‘Abd al–Azīz b. Tall.

157 The 1957 version has afkhar(‘ the most excellent ’)instead of afqar.

158 One of the attributes of Allāh.

159 Yawmaidhin here means ‘at present ’. See the atricle p. 65 and n. 20 there.

160 Cf. Ebide and Young, pp. 33, 34, 36, and p. 69, n.16, and the soucce indicated there.

161 Literally: ‘the Glory of the ᕣūfī Shaykhs’ (see above, n. 115)—an honorific title. Cf. Ebied and Young, 32, 41.

162 The sentence in square brackets appears only in the 1957 version; it seems to have been added by the copyist. Beside it is the date of the copy: 26 June, 1957.

163 Cf. Saarisalo, English, p. 6; Arabic, p. 1.

164 Cf. teh waqfiyya of 1516(Appendix A), right–hand colume, 1.71 and the source indicated in n. 150.

165 Cf. ibid., I. 36 and n. 129.

166 Cf. ibid., right–hand column, 1.71.

167 Should read wujidai.

168 On the per capita division of entitlement see the article p. 63, and the sources indicated in n. 12.

169 ‘Treason’ (khiyāna) in the sense of deriliction of duty as administrator of the waqf.

170 Cf. the waqfiyya of 1516 (Appendix A), 11. 30–40 and the source indicated in n. 131.