AND CROSS-INFLUENCES 217

In Iraq, consideration of the ward's interest led to a progressive modification of the doctrine which became thereby inconsistent.¹ One opinion, held by Ibn Abī Lailā, was that the guardian was bound to pay zakāt on behalf of the ward but remained responsible for his administration. According to another opinion, the guardian had to keep a record of zakāt due but leave it to the ward whether to pay it or not when he came of age; this opinion was ascribed to Ibn Mas'ūd. Finally, there is the more systematic opinion of Abū Ḥanīfa, Abū Yūsuf, and Shaibānī, to the effect that the minor is not liable to zakāt because he is not subject to other religious duties; therefore the guardian need not pay it for his ward, but may nevertheless trade with his property; this opinion, too, was ascribed to Ibn Mas'ūd, as well as to Ibrāhīm Nakha'ī.

Shāfi'ī was the first to quote a tradition from the Prophet on the subject, endorsing the Medinese or common ancient doctrine; he pointed out the inconsistency which remained in Abū Ḥanīfa's doctrine.

Cultivation of uncultivated land. See above, p. 202 f.

Property captured by the enemy. See above, p. 158 f.

Penal Law

Criminal intent of the minor. See below, p. 316 f.

Weregeld paid by the 'āqila. See above, p. 207.

Compensation for a molar. See above, p. 114.

Weregeld of the woman. It was the common ancient doctrine that a woman's weregeld was half that of a man in cases involving loss of life or wounds the damages for which amounted to one-third of the weregeld or more; but that it was equal to the weregeld of the man where the damages amounted to fractions less than one-third of the weregeld.² This remained the doctrine of the Medinese who projected it back to Ibn Musaiyib.³ It is also well attested for Iraq, where it was pro-