The present state of the Ottoman Empire containing the maxims of the Turkish politie, the most material points of the Mahometan religion, their sects and heresies, their convents and religious votaries, their military discipline ... : illustrated with divers pieces of sculpture, representing the variety of habits amongst the Turks, in three books / by Paul Rycaut Esq. ...

CHAP. IV. The power and office of the Mufti's, and of their Government in Religious Matters.

THe Mufti is the principal head of the Mahometan Religion or Oracle of all doubtful questions in the Law, and is a person of great esteem and reverence amongst the Turks; his election is soly in the Grand Signi∣or, who chuses a man to that office always famous for his Learning in the Law, and eminent for his vertues and strictness of life; his Authority is so great amongst them, that when he passes judgment or determina∣tion in any point, the Grand Signior himself will in no wise contradict or oppose it.

His power is not compulsory, but only resolving and perswasive in matters both Civil and Criminal, and of State: his manner of resolves is by writing; the question being first stated in Paper briefly and suc∣cinctly, he underneath subscribes his sentence by Yes, or No, or in in some other short determination called a 〈◊〉〈◊〉, with addition of these words, God knows better; by which it is apparent that the determinati∣ons of the 〈◊〉〈◊〉 are not esteemed infallible. This being brought to the Cadee or Judge, his judgment is certainly regulated according thereun∣to, and Law Suits of the greatest moment concluded in an hour, without Arrests of judgment, appeals, or other dilatory Arts of the Law.

In matters of State the Sultan demands his opinion, whether it be in condemnation of any great man to death, or in making War or Peace, or other important affairs of the Empire; 〈◊〉〈◊〉 to appear the more just and religious, or to 〈◊〉〈◊〉 the people more willingly to obedience. And this practice is used in 〈◊〉〈◊〉 of greatest moment; scarce a Vi∣sier is proscribed, or a Pashaw for pretence of crime displaced, or any mat∣ter of great alteration or change designed; but the Grand Signior arms himself with the 〈◊〉〈◊〉 sentence; for the nature of man reposes more security in innocence and actions of justice, then in the absolute and uncontrouleable power of the Sword. And the Grand Signior, though he himself is above the Law, and is the Oracle and Fountain of Ju∣stice, yet it is seldome that he proceeds so irregularly to contemn that Authority wherein their Religion hath placed an ultimate power of decision in all their controversies.

But sometimes perhaps Quaeries are sent from the Grand Signior to the Mufti, which he cannot resolve with satisfaction of his own con∣science, and the ends of the Sultan; by which means affairs important to the well being of the State, meet delays and impediment; In this case the Mufti is fairly dismissed from his infallible office, and another Oracle introduced, who may resolve the difficult demands with a more favou∣rable sentence; if not, he is degraded like the former, and so the next, untill one is found apt to prophesie according to what may best agree with the interest of his Master. This Office was in past-times esteemed more sacred by the Ottoman Princes then at present; for no War was undertaken, or great Enterprize set on foot, but first like the Oracle or Augur, his determination with great reverence was required as that without which no blessing or success could be expected; but in these dayes they are more remiss in this manner of consultation; sometimes it is done for formality; but most commonly the Prime Visier conceited of his own judgment and Authority assumes the power to himself, and perhaps first does the thing, and afterwards demands the approba∣tion of it by the sence of the Law.

And herein the Mufti hath a spacious Field for his Interpretations; for it is agreed that their Law is temporary, and admits of expositions according to times and state of things: And though they preach to the people the perfection of their Alchoran; yet the wiser men hold, that the Mufti hath an expository power of the Law to improve and better it, according to the state of things, times and conveniencies of the Em∣pire; for that their Law was never designed to be a clog or confinement to the propagation of Faith, but an advancement thereof, and therefore

to be interpreted in the largest and farthest fetched sense, when the strict words will not reach the design intended.

So it was once propounded to the Mufti, what rule should be ob∣served in the devotion of a Turk carryed Salve into the Northern parts of the world, where in Winter is but one hour of day, how he might possibly comply with his obligation of making prayers five times with∣in the twenty four hours; viz. Morning, Noon, Afternoon, Sunset, and at an hour and half in the Night; when the whole day being but of one hour admitted of none of these distinctions; for resolution of which, the Mufti answered, that God commanded not things difficult as it is in the Alchoran, and that matters ought to be ordered in con∣formity to time and place, and making short prayers once before day, then twice in the hour of light, and twice after it is dark, the duty is complyed with.

Another question of the same nature was proposed to the Mufti, con∣cerning the Kiblah or holy place of Mecha, to which they are obliged to turn their faces in their prayers; how at Sea where they had no mark, especially such bad Geographers as commonly the Turks are, it is possible to comply with that necessary formality required in their de∣votion; the Mufti resolved this doubt almost like the former, prescribing a kind of circular motion in prayers, by which means they cannot miss of having at some time their faces towards the Holy City, which in a case of so much difficulty is a sufficient compliance with the duty.

Many cases of this nature are proposed to the Mufti; and many par∣ticular rules of 〈◊〉〈◊〉 required, one of which is remarkable, that Busbequius relates, that occurred in his time during the Wars between the Emperour of Germany, and Sultan Solyman: whether a few Chri∣stians taken Captives by the Grand Signior, might be exchanged with many Turks in the hand of the Emperour. It seems the Mufti was greatly perplexed and puzzeled in the resolution; for sometimes it seemed a disesteem to the value of a Turk to be rated under the price of a Christian; on the other side, it appeared want of charity and care of the interest of the Mosselmans to neglect real terms of advantage on such aery and subtle points of formality. In fine he consulted his Books, and declared that he found two different Authors of great authority of contradictory opinions in this controversie; and therefore his Judge∣ment was to incline to that which had most of favour & mercy in it. The Mufti whilst qualified with that title, is rarely put to death, but first degraded, and then becomes liable to the stroak of the Executioner; but in cases of notorious crimes or conviction of Treason, he is put into a Mortar for that intent remaining in the Prison called the seven Towers at 〈◊〉〈◊〉, and therein beaten to death, and brayed to the breaking and contusion of all his bones and flesh.

The next office to the Mufti is Kadeleschere or Judge of the Militia, otherwise Judge Advocate, who hath yet power of determination in any other Law Suits whatsorver; for this priviledge the Souldiery of this Country enjoys, to have a power extensive over all other condi∣tions of people, but to be only subject themselves to the Government of their own Officers; this office a Mufti must necessarily pass through, and discharge with approbation before he ascends the top and height of his Preferment.

The next inferiour degree is a Mollah; and these are of two sorts,* 1.1 one of three hundred Aspers, and the other of five hundred Aspers, so called for distinction sake; the first sort are principal Judges in petty Provinces, containing under them the command of Kadees of poor and inconsiderable places; the others have their jurisdiction over the whole dominion of a Beglerbeg, and have the Kadees of several rich and renowned places under their Government: these rise often to the 〈◊〉〈◊〉 office, but proceed by several 〈◊〉〈◊〉 and steps, and must first gradually command where the Imperial Seats have been, as first to be Mollah in Prusa, then in 〈◊〉〈◊〉, and lastly in Constantinople, at which time he is next to the office of Kadeleschere, and thence to that of the Mufti.

These and Kadees which are the lower and ordinary sort of Judges are as much to be reckoned in the number of religious men as the 〈◊〉〈◊〉 himself; for as I have said before, the Civil Law of the Turk is con∣ceived by them to be derived from their Prophet, and the other Expo∣sitors of their Law with as much engagement and obligation as these which immediately concern the Divine Worship; and therefore are to be treated and handled together.

The Emoums or Parochial Priests, must be able to read in the Alcho∣ran, and be counted men of good fame and moral lives amongst their neighbours, before they can be promoted to this Function, and must be one of those who have learned at the appointed times of prayer to call the people together on the top of the Steeple, by repeating those words, Allah ekber, Allah ekber, Eschedu 〈◊〉〈◊〉 Ilahe ilaliah we eschedu 〈◊〉〈◊〉 Muhammed 〈◊〉〈◊〉: cuan Fleie ala Selah heie ala Felah Allah ekber, allah ekber, la Ilahe ilallah; that is, God is great, God is great, I profess that there is no Diety but God, and confess that Mahomet is the Pro∣phet of God; in this manner the people of a Parish recommending any one to the Prime Visier, declaring that the former Emaum is dead, and the office Vacant, and that this person is qualified in all points to the Function, or better and more knowing then the present Incumbent; he receives immediate induction and establishment in the place; but for better proof or tryal of the truth of the testimony that accompanies him, he is enjoyned to read in presence of the Visier some part of the Alchoran, which being done, he is dismissed and approved, and takes the Visiers 〈◊〉〈◊〉 or Mandamus for the place.

This is all the Ceremony required in making an Emaum; 〈◊〉〈◊〉 there is no new Character or state of Priest-hood (as they hold) conferred upon them, nor are they a different sort distinguished from the people by holy Orders or Rites, but meerly by the present office they mannage; when being displaced, they are again numbred with the layetie: their habit is nothing different from others, but onely that they wear a larger Turbant like the Lawyers, with some little varity in folding it up, and put on a grave and serious countenance. Their office is to call the people to prayers, and at due hours to be their leader into the Mosque, and to read and repeat upon Fridayes certain Sentences or Verses out of the Alchoran; few of them adventure to Preach, unless he be well conceited or really well gifted, but leave that office to the 〈◊〉〈◊〉, or him that makes Preaching his Profession, who is 〈◊〉〈◊〉 com∣monly that passes his time in the Convents, that we shall hereafter treat.

The 〈◊〉〈◊〉 hath no jurisdiction over the Emaums, as to the good or∣der or Government of the Parishes, nor is there any Superiority or Hierarchie as to rule amongst them; every one being Independent and without controul in his own Parish, excepting his subjection in Civil and Criminal Causes to the chief Magistrates, and considering the man∣ner of their designation to the Religious office, the little difference be∣tween the Clergy and the Layetie, and the manner of their single Go∣vernment in Parochial Congregations, may not unaptly seem to square with the Independency in England, from which original pattern and example our Sectaries and Phanatick Reformers appear to have drawn their Coppy.

The Church-men and Lawyers are greatly in esteem amongst them, as is apparent by the Title they use towards them in their writings and commands, directed to them in this manner; You that are the glory of the Judges and Sage men, the profound Mines of Eloquence and Excel∣lence, may your Wisedom and Ability be augumented.

Notes

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