Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Document Twelve Cutting Down Trees, Damage To A Well, Etc. (1976)

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

According to tribal customary law, when someone is an object of aggression, the injured person has the right to pursue the kin of the aggressor by using a variety of means including vengeance (thaʾr) and raid (ghazw). In the case under review, the first party accused the second party of cutting down trees and causing damage to a cistern in the land of his tribe, as well as hurling stones at his family residence. The parties agree upon the ordeal by fire (bishʿa), a procedure intended to establish whether the accused is speaking the truth. This procedure, being within the domain of evidence, may be resorted to either on the initiative of the plaintiff or by mutual agreement of the parties, as in the case under review. The bishʿa procedure is a purely tribal custom that is not acknowledged by the sharʿī rules of evidence.

Keywords: bishʿa; cutting down trees; damage to a well; evidence; ghazw; sharʿī rules; thaʾr



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Legal Documents from the Judean Desert — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation