El Hakim

“ When the Sultan Mahadi had, after a long siege, taken the last stronghold in which Hakim had fortified himself, he, having first poisoned all his soldiers at a banquet, threw himself into a vessel filled with a burning acid of such a nature that his body was entirely dissolved, and nothing remained but a few hairs. This was done that the faithful might believe him to have ascended to heaven alive. Some remnants of his sect still exist. Hakim has furnished the subject of many romances, of which the one contained in Moore’s “Lalla Rookh” is the most brilliant and best known. ”

“ When the caliph Hakim had once given the signal for persecution, he found himself at no loss for executioners. At first, they who had abused their power were the objects of pursuit; the Christian religion became the next crime, and the most pious among the faithful were deemed the most guilty. The blood of the Christians flowed in all the cities of Egypt and Syria, their courage in the midst of torments only adding to the hatred of their persecutors. ”

“ Be it known to you all, as many of you as this reaches, that the honoured Yagoube el Hakim has come to us, and has given us to understand the injustice commonly practised by his majesty the Sherriffe of Mecca, and by his dependants in the place of Jidda, and that you wish to come into the port of Suez, but want security. It is very agreeable that you should enjoy this in the time of our king, [37] servant of the two holy places, and lord of the two lands and the two seas; may God always give him strength and victory! ”

“ Hakim's cruelties, however, had so outraged the people of Egypt that a year later he was murdered by a band of malcontents, led, it is said, by his sister, who afterwards concealed his body--a circumstance which gave his followers the opportunity to declare that the divinity had merely vanished in order to test the faith of believers, but would reappear in time and punish apostates. This belief became the doctrine of the Druses of Lebanon, whom Darazi had won over to the worship of Hakim. ”

“ Like every man of sense he is exceedingly modest, lamenting his ignorance, and inquiring diligently into our European habits and manners. I have occasionally had the pleasure of seeing my friend Ben Jussuf (for that is his name) occupied in the fulfilment of his duties as clerk. Every Friday is kept by the Arabs as a holiday on which markets are held and judgments given. On this day the Hakim sits in the public place before the great coffee-house, and holds his court ”

“ Mons is the capital.
Hakim or Hakem, a Mohammedan name for a ruler, a physician, or a wise man.
Hakim Ben Allah or Ben Hashem, surnamed Mokanna (i. e. the Veiled or the One-Eyed) ; the founder of a religious sect in Khorassan, Persia, in the 8th century; he pretended to be God incarnate, and wore over his face a veil to shroud, as his followers believed, the dazzling radiance of his countenance, but in reality to hide the loss of an eye, incurred in earlier years when he had served as a common soldier ”

“ These words were translated to the chief, but in his interpretation the old Arab omitted the hopeful clause, and said definitely that the wounded man would recover.
In an instant one of the Mullahs said scornfully—
“The infidel Frank lies unto you, Emir. Thy friend is wounded unto death. See, even now he dies.”
“The great Hakim never lies,” said the Sheikh proudly. “The Emir will wait and see that the Hakim’s words are true.” ”

“ They embraced Egypt, northern Africa, Palestine and Syria, and since Hakim had adherents also in the Caliphate of Bagdad, there were but few places of refuge open to the Jews. Many, therefore, outwardly conformed to Islam, while waiting for better times to come. ”

“ His own explanation, which was believed by his followers, was that the veil was necessary to shroud from the eyes of the beholder the dazzling rays emanating from his divine countenance. Hakim set himself up as a god. He had first, he said, assumed the body of Adam, then that of Noah, and subsequently those of [8] many other wise and great men. The last human form he pretended to have adopted was that of Abu Moslem, a prince of Khorassan. He appears to have been well versed in the arts of legerdemain and “natural magic,” principally as regards producing startling effects of light and color. ”

“ Hakim y'Eref he
is a learned man ; he knows thefe things." " Shekh Ibra- him is returned to Sennaar, fays the Moullah, that is the reafon why he fhould make hafte, and all this that has paired is very improper. If a man diverts himfelf with drawn fwords, is he not likely, when angry, to kill ? ”

“ In the outer court, for instance, were a hundred men called malefactors, for the most part Jews convicted of various political offences. These were to fight against twice their number of savage Arabs of the desert taken in a frontier raid, people whom to-day we should know as Bedouins, mounted and armed with swords and lances, but wearing no mail. ”

“ If worth, in those attributes which are esteemed above all others in a man's character: honesty, fidelity, courage, and patriotism, may be counted in the prisoner's favor, then I pray the court to give him the benefit of its weight; for, if any man is entitled to it, that man is Cacami, the defendant at the bar."
It will be in order here to enlighten the reader relative to the demeanor of the king during the time which elapsed after he entered the charge against Cacami up to the day of his trial. ”

“ Let us have faith then—as we well may—that the day will come, and that our children, if not we ourselves, will see it, when the reference of any international dispute to the Hague Tribunal will seem as natural, as much a matter of course, as in private life the reference of a dispute about property to a court of justice is now ”

“ And when he finally succumbs under the weight of the judge’s decision, who wipes out his rights by a shocking piece of pleasantry, [2] when we see him pursued by bitter scorn, bowed, broken, tottering on his way, who can help feeling that in him the law of Venice is humbled; that it is not the Jew, Shylock, who moves painfully away, but the typical figure of the Jew in the middle ages, that pariah of society who cried in vain for justice? ”

“ Any judge who does not judge accurately causes the Divine Presence to remove itself from the Jewish people – and any judge who takes money from one and gives to another not in accordance with the law – G-d takes souls from him in recompense. On the other hand, any time a judge correctly applies the law, striving for absolute truth, he is credited as if he repaired the entire world, and he causes the divine Presence to dwell amongst the Jewish people. ”

“ In addition to a hundred proofs to which we will not revert, four witnesses recognize him,—Javert, the upright Inspector of Police, and three of his old comrades in ignominy, the convicts Brevet, Chenildieu, and Cochepaille. And what does he oppose to this crushing unanimity? He denies. What hardness of heart! But you will do justice, gentlemen of the jury, etc., etc., etc."
While the public prosecutor was speaking, the prisoner listened with open mouth, and with a sort of amazement in which there was certainly some admiration. He was evidently surprised that a man could speak like this. ”

“ A bench of magistrates is a somewhat imposing sight, in any country—even to a comparatively unconcerned spectator. Such an air of conscious dignity and importance sits upon the faces of those "potent, grave, and reverend seigniors," as they scrutinize a prisoner on his entrance; so portentous are their aspects as they lay their heads together and consult in an under-tone; and so awful is their delivery when "we" after mature deliberation have come to a decision! The judicial authorities of Mexico are no exception to this general remark ”

“ MR. JUSTICE JACKSON: I certainly do not want to be unfair to our adversaries; I know they have a very difficult job. However, I hope the Tribunal has before it—and I shall withdraw all characterizations and let what I have to say stand on the facts—the order of 8 March 1946, Paragraph 3 thereof. I call the attention of the Tribunal to the fact that that reads, “The following documents are denied as irrelevant: Rosenberg...” And then follows a list of documents: Kunstwart, History of the Jews in Germany, History of the Jewish People. ”

“ If he kill six strong men upon the stone Temalacatl, he shall be set free.' This is the law."
"This is the law, then," repeated Guzman, in imperfect Mexican, turning his eyes upon Guatimozin, as if he disdained to hold converse with any meaner infidel: "Is it a law that will be remembered, when the prisoner is a Spaniard?"
"He who is a prisoner, has no name and no country," replied the prince. "He is neither Tlascalan nor Castilian, but a man who kills or dies." ”

“ So, when the Inquisition established its formula for competencias, they were sedulously framed to be as arrogantly insulting as possible. The first mandate inhibits peremptorily the judge from action and orders him to remit the case to the tribunal within twenty-four hours. If an arrest has been made the prisoner is to be discharged on bail to present himself before the inquisitors and any property seized or sequestrated is to be released. ”

“ Quoth the King, “Go, look in the prison.” So they went thither and not finding Sálim and Salím, returned and told the King, who said, “It is plain now who be the thief; he who took Sálim and Salím out of prison it is who hath stolen my monies.” Quoth the Wazir, “O my lord, and who is he?”; and quoth the King, “Their brother Judar, and he hath taken the two pairs of saddle-bags; but, O Wazir, do thou send him an Emir with fifty men to seal up his goods and lay hands on him and his brothers and bring them to me, that I may hang them.” ”

“ The persons called Judges, שופטים Shophetim, from שפט, shaphat, to judge, discern regulate, and direct, were the heads or chiefs of the Israelites who governed the Hebrew republic from the days of Moses and Joshua till the time of Saul. The word judge is not to be taken here in its usual signification, i.e., one who determines controversies, and denounces the judgment of the law in criminal cases, but one who directs and rules a state or nation with sovereign power, administers justice, makes peace or war, and leads the armies of the people over whom he presides. ”

“ A sense of awful responsibility weighed upon the hearts and consciences of the judges. The services of the synagogue were not conducted with deeper fervor or greater religious solemnity than were the proceedings of a capital trial in the great Judgment Hall of the Sanhedrin. Certain sacred maxims flamed forever like beacon lights along the pathway of the members of the court during the solemn deliberations. "A judge," says the Talmud, "should always consider that a sword threatens him from above, and destruction yawns at his feet." ”

“ In the court of justice which is about to be convened—in the presence of the Supreme Judge (Fabian pointed to heaven) , by the accusation as well as the defence, all will become clear to Diaz, if he will remain a short while with us. In the desert, time is precious ”

“ Where a court decides that a dispute cannot be resolved by existing statute, by judicial precedent, or by strict legal analogy, it shall render its decision in accordance with the principles of freedom, justice, equity, and peace derived from Jewish civil law. ”

“ His black eyes glinted through lowering brows, wildly, almost fiercely, and he strode haughtily beside his guard like some unbroken stallion of the desert.
"Well, you may as well proceed to select a jury," directed the court, putting on his glasses and studying his copy of Al-Hoda with interest. ”

“ Now will I tell thee somewhat of the duties of judges. Know, O King, that no judgment serves the cause of justice except it be given after deliberation, and it behoves the judge to treat all people alike, to the intent that the rich and noble may not be encouraged to oppression nor the poor and weak despair of justice. He should extract proof from him who complains and impose an oath upon him who denies; and compromise is lawful between Muslims, except it be a compromise sanctioning an unlawful or forbidding a lawful thing. ”

“ Then he wept and cried out and said to the Wali, “Where is that ill-omened fellow, who aboundeth in robbery and villainy?” Thereupon the Chief turned to me and said, “Why dost thou not answer the Kazi;” and I replied, “O Emir, the two heads [37] are not equal, and I, I have no helper; [38] but, an the right be on my side ’twill appear.” 14At this the Judge grew hotter of temper and cried out, “Woe to thee, O ill-omened wight! How wilt thou make manifest that the right is on thy side?” ”

“ The minor officials and the very lawyers of the supreme tribunal committed excesses with insolent impunity in the assurance that their respective patrons would shield them from harm. Imitating an example so plainly set before them, the minor tribunals throughout New Spain, each in its microcosm, perverted justice at their will. ”

“ In a number of cases tried by the tribunal of Lima between 1635 and 1639, nearly all the accused appear to have been tortured, while the report of the tribunal of Valladolid for 1624 shows that of eleven cases of Judaism and one of Protestantism, eleven were tortured and, in 1655, every case of Judaism, nine in number, was subjected to torture. [95]
After all, numbers, however they may impress the imagination, are not supremely important. They are simply a measure of the greater or less activity of the tribunals and not of the principles involved. ”