From: lhermi@magnus.acs.ohio-state.edu (Lotfi Hermi)
Subject: The reliance of sedentary people on law destroys their fortitude
Organization: The Ohio State University
Date: Sat, 19 Dec 1992 05:38:09 GMT

[6] The reliance of sedentary people upon laws destroys
their fortitude and power of resistance.

Not everyone is master of his own affairs. Chiefs and
leaders who are masters of the affairs of men are few in com-
parison with the rest. As a rule, man must by necessity be
dominated by someone else. If the domination is kind and
just and the people under it are not oppressed by its laws and
restrictions, they are guided by the courage or cowardice that
they possess in themselves. They are satisfied with the ab-
sence of any restraining power. Self-reliance eventually be-
comes a quality natural to them. They would not know any-
thing else. If, however, the domination with its laws is one
of brute force and intimidation, it breaks their fortitude and
deprives them of their power of resistance as a result of the
inertness that develops in the souls of the oppressed, as we
shall explain.

'Umar forbade Sa'd (b. Abi Waqqas) to exercise such
(arbitrary power) when Zuhrah b. Hawiyah took the spoils of
al-Jalinus. The value of the spoils was 75,000 gold pieces.
(Zuhrah) had followed al-Jalinus on the day of al-Qadisiyah,
killed him, and taken his spoils. Sa'd took them away from
him and said, "Why did you not wait for my permission to
follow him?" He wrote to 'Umar and asked 'Umar for per-
mission ( to confiscate the spoils) . But 'Umar replied, "Would
you want to proceed against a man like Zuhrah, who already
has borne so much of the brunt (of battle),(27) and while there
still remains so much of the war for you (to finish) ? 
Would you want to break his strength and morale?'' Thus, 'Umar
confirmed (Zuhrah) in possession of the spoils.(28)

When laws are (enforced) by means of punishment, they
completely destroy fortitude, because the use of punishment
against someone who cannot defend himself generates in that
person a feeling of humiliation that, no doubt, must break his
fortitude.

When laws are (intended to serve the purposes of) educa-
tion and instruction and are applied from childhood on, they
have to some degree the same effect, because people then
grow up in fear and docility and consequently do not rely on
their own fortitude.

For this (reason), greater fortitude is found among the
savage Arab Bedouins than among people who are subject to
laws. Furthermore, those who rely on laws and are dominated
by them from the very beginning of their education and
instruction in the crafts, sciences, and religious matters, are
thereby deprived of much of their own fortitude. They can
scarcely defend themselves at all against hostile acts. This is
the case with students, whose occupation it is to study and to
learn from teachers and religious leaders, and who constantly
apply themselves to instruction and education in very digni-
fied gatherings. This situation and the fact that it destroys
the power of resistance and fortitude must be understood.

It is no argument against the (statement just made) that
the men around Muhammad observed the religious laws, and
yet did not experience any diminution of their fortitude, but
possessed the greatest possible fortitude. When the Muslims
got their religion from the Lawgiver ( Muhammad), the
restraining influence came from themselves, as a result of
the encouragement and discouragement he gave them in the
Qur'an.(29) It was not a result of technical instruction or sci-
entific education. (The laws) were the laws and precepts of
the religion, which they received orally and which their firmly
rooted ( belief in) the truth of the articles of faith caused them
to observe. Their fortitude remained unabated, and it was
not corroded by education or authority. 'Umar said, "Those
who are not educated (disciplined) by the religious law are
not educated (disciplined) by God.'' (30)[In arabic it would read,
Those who are not disciplined by the religious law may Allah
not discipline them ever-Curse]  (This statement ex-
presses) 'Umar's desire that everyone should have his re-
straining influence in himself. It also expresses his certainty
that the Lawgiver (Muhammad) knew best what is good for
mankind.

(The influence of) religion, then, decreased among men,
and they came to use restraining laws. The religious law be-
came a branch of learning and a craft to be acquired through
instruction and education. People turned to sedentary life and
assumed the character trait of submissiveness to law. This
led to a decrease in their fortitude.

It has thus become clear that governmental and educa-
tional laws destroy fortitude, because their restraining in-
fluence is something that comes from outside. The religious
laws, on the other hand, do not destroy fortitude, because
their restraining influence is something inherent. Therefore,
governmental and educational laws influence sedentary
people, in that they weaken their souls and diminish their
stamina, because they have to suffer (their authority) both as
children and as adults. The Bedouins, on the other hand, are
not in the same position, because they live far away from the
laws of government, instruction, and education. Therefore,
Abu Muhammad b. Abi Zayd,(31) in his book on the laws
governing teachers and students ( Ahkam al-mu'allimin wa-l-
muta'allimin), said: ''The educator must not strike a boy
more than three times (in one punishment) as an educational
measure." (32) (Ibn Abi Zayd) reported this remark on the
authority of Judge Shurayh.(33) Certain scholar(s) argued in
favor of the procedure mentioned, by referring to the three-
fold choking mentioned in the tradition concerned with the
beginning of revelation.(34) This, however, is a weak argument.
(The tradition about the) choking is not suitable proof, be-
cause it has nothing to do with ordinary instruction. God "is
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