The Mutasib Author(s): R. P. Buckley Source: Arabica, T. 39, Fasc. 1 (Mar., 1992), pp.

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THE MUHTASIB
BY

R.P. BUCKLEY

1. Beginnings: The CAmilal-Siiq no mention of any official charged solely with responsibilities over the market during the Gdhiliyyadespite the fact that there were some very large markets in Pre-Islamic Arabia. Some of these markets were of local status, such as that of al-Hajar, the biggest and richest oasis on the peninsula; some were international, such as that of al-Hira, the capital of the Lakhmids and a vital caravan city on the route between Persia and Arabia, or such as Dumat al-Jandal, an oasis town on the direct route between Medina and Damascus and one of the principle markets of Northern Arabia. Then of course there are the famous markets of cUkaz near Mecca and the suiq of Medina upon which the oasis totally depended for its prosperity. There must have existed some machinery of control over these markets, some authority to which claims of unfair treatment were directed and which would dispense justice. But if there was, it is not identified in the sources. The important towns such as Mecca were not completely devoid of judicial and administrative institutions. In Mecca many of these institutions were concerned with the welfare of the pilgrims, which were an important source of wealth and prestige. One of the most important ways to settle disputes was resort to the IHdkim (arbitrator) or to the Kdhin (soothsayer) to whom appeal was generally made when the Hdkim proved ineffectual, in which case the Kdhin's divine inspiration was considered more likely to yield positive results. There is however an isolated tradition which refers to a certain Hakim b. cUmayya who is stated to have been a Muhtasib in Mecca during the Gdhiliyya((ordering good and forbidding evil>>'.The title is no doubt anachronistic despite one scholar's
HERE iS

1 Ibn Hazm, GamhardtAnsdb al-'Arab (Cairo, 1962) 263 [IjHkim b. CUmayya] was a Muhtasib in Mecca during the Gdhzliyya,ordering good and forbidding evil.

Arabica, Tome XXXIX,

1992

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R. P. BUCKLEY

use of it as an example of the rank to which a haltf could attain in Pre-Islam2. But perhaps there is a germ of truth contained in the report and it can be taken to indicate that Hakim was in fact a market inspector of sorts. It is indeed in Mecca and Medina that Muhammad is said to have appointed the first persons with jurisdiction over the market. In the light of what has been said about the importance of these markets and bearing in mind Muhammad's interest in commercial affairs it is easy to see that these first officials were to ensure the orderly running of business transactions and if not exactly to dispense justice then at least to report any infringement of what was considered fair. Muhammad is said to have engaged Saclid b.Sacld b.al-CAs over the suiqof Medina sometime after the conquest of Mecca (629 AD)3. Also, interestingly enough, he is said to have employed a woman in this post, Samra bint Nuhayk al-Asadiyya, over the suiq of Medina4. She is not the only woman to have been entrusted with this function, for 'Umar b.al-Hattab is also reported to have employed al-Sifa bint cAbd Allah over the Medinan market5. It is not unlikely that these women had jurisdisction over the women's section of the market-a common feature of Muslim markets today and no doubt then also. However, no more women are ever identified in this role. With regard to the time of the Rightly Guided Caliphs several traditions exist: concerning Abu Bakr there is nothing, but it is alleged that cUmar, apart from the woman already mentioned, had two men working for him over the suq of Medina: al-Sa'ib b. Yazid and cAbd Allah b. cUtba b.Mascuid6. This tradition is noteworthy in several respects. Firstly, in a corroborating hadft on the authority of Sa'ib himself he states that he was an CAmilcald Siiq Medina in

2 See M. J. Kister, Studiesin Jahiliyya and Early Islam (London, 1980) 2:83, where he says: ((The high position which a halff could achieve in Mecca can be deduced for instance from the fact that a man from Sulaym was appointed by Quraysh as Muhtasibin Mecca.Ibn CAbd al-Barr al-Qurtibil, al-Isticdbi Macrifatal-Ashdb(Cairo, 196-?) 2:621. 4 Ibn cAbd al-Barr, 4:183. I have been unable to check this source. It is quoted in the notes of P. Chalmeta Gendron's El Senor Zocoen Espana(Madrid, 1973). del 5 Ibn Hazm, 150, 156. 6 Ibn CAbdal-Barr, 2:576.

THE MUHTASIB

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the time of 'Umar7. This is the first occurrence of a term which was to be the official designation of the Eastern market inspector until it was replaced by the title Muhtasib. Also connected with this report is his claim that ((he used to take the 'Usr from the Nabateans>>. Thus it seems that he may have been employed in taking the taxes from the non-Muslims; the first indication of one of the functions of the office, and one which was to find its parallel among the duties of the later Muhtasib. Who the subject ((we>> referred to in the is, he is 4adit, is unclear. It could be cAbd Allah b. cUtba.although not mentioned in this particular report. On the other hand it could refer to Sad'ib and his assistants-a standard feature of the later Muhtasib's office. Similarly noteworthy is another report concerning cAbd Allah b. cUtba in which, while nothing is said regarding his function as a market inspector, it is stated that he was a Qddi in Kuffa for Muscab b. Zubayr8. We shall see that this is the earliest precedent for what was to become a very close institutional relationship between the office of judge and that of Muhtasib, both duties often being devolved onto the same man. Later Utman b. al-cAffan is said to have appointed al-Harit b. al-Hakam over the suiqof Medina9, but as in the other examples no dates are given nor any indication as to the scope and duties of the office. References to market inspectors continue during the Umayyad period and although the numbers are pitifully small, with the inclusion of the former Byzantine and Sasanian territories into the Muslim Empire we begin to hear of them in places outside of the Hijaz. These reports consist of four market inspectors: a certain Sacid b. Mlna who was over the sutqof Mecca for Ibn al-Zubayr'0; Mahdi b. cAbd al-Rahman, who had jurisdiction in the suq of Wasit under the governor of Iraq and the East for Yazld II (reg. 720-724 AD); cUmar b. Hubayra; and Iyas b.Mucawiya, the grandson of the above Mahdi b. cAbd al-Rahman, who also administered the suiqof Wasit after his grandfather. It is also stated that during the caliphate of cUmar Iyas refused to continue in his post and was punished because of this. Worthy of attention is the further report

Ibn Sallam, Kitab al-Amwal(Cairo, 1976) 533. Ibn Sa'd, al-Tabaqdt al-Kabzr (Leiden, 1908) 6:82. 9 al-Balddiuri,Ansdbal-Alrdf(Jerusalem, 1936) 5:47. 10 al-Azraql, Abbdr Makka(Beirut, 1965) 1:215.

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that Iyas was appointed to the judgeship of Basra in the time of CUmar b. cAbd al-cAzlz (reg. 717-720 AD)". Thus he was a judge before becoming market inspector. Whether he subsequently held the posts simultaneously or successively is not stated. Once again the connection between the office of judge and that of market inspector is made. Finally, in the course of relating a story to Walid b. cAbd alMalik (reg. 705-715 AD) the narrator refers to his meeting a man whom he takes to be the CAmilal-Sdq in Medina. No name is mentioned'2. Such is the extent of the information on the CAmil al-Siiq from the birth of Islam to the accession of the Abbasids. Meagre indeed. But on the strength of what has been learnt, and with the hindsight of what is known of the later Muhtasib it is possible to hazard a few observations on his office and responsibilities. For although this would appear to be the limit of our information concerning this elusive character, by consideration of his role in the Islamic West valuable information may be added. When the Abbasids gained power in the East a member of the Umayyad family fled to Spain where he subsequently established a new Umayyad dynasty. Many elements of the old regime were transferred to Spain, including much of the theory of Islamic Law and its judicial institutions. It was at this time that the market inspector made his appearance in the new dynasty, being called Sdahib al-Siiq and clearly a transposition of the Eastern Amil al-Suq. This being so, much can be learnt from the earliest extant treatise on market inspection: that of Yahya b. cUmar (c.825-901 AD) which deals with market inspection in the Islamic West'3. As it stands, this treatise may be taken to present a fair picture of the duties of the cAmil al-Suiqas they were when the Umayyads set up their caliphate in Spain in 756 AD. Significantly, the post appears to have no religious connotations nor concerns itself with censure of public morals, but rather alludes primarily to affairs of relevance only to the orderly running of the market place, particularly with
11 WakT',Ahbar al-Quadh (Cairo, 1947) 1:353. See Wakic, vol. 1 for many traditions relating to the judgeship of lyas; also Tabarl, Tdrzh al-Rusul wa'l-Muluk (Leiden, 1879-1901) 2:1347 where he quotes two traditions: one saying that Iyas was the judge of Basra, the other saying of Kuifa. 12 Abui l-Farag al-Isfahani, Kitdb al-Agdnf (Beirut, 19-?) 17:108. 13 Yahyd b. cUmar, al-Nazar wa' l-Ahkkdmf GdmicAhwdl al-Siiq (Tunisia, 1975).

THE MUHTASIB

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regard to weights, measures and scales. Thus, the original 'Amil alSiq's duties may be seen to have been largely secular, for if they had included anything of a religious nature this would have manifested itself when he was transplanted to Spain. At the time of the writing of this treatise the 'Amil al-Suq had already given way in the East to the religious office of the Muhtasib, while in the West the nature and jurisdiction of the post continued much as before. The above remarks have a direct bearing on the controversy regarding the origins of the Muhtasib. The sometimes great similarity between the classical Greek Agoranomosand the Islamic Muhtasib has been noticed and there is a large body of opinion which agrees that the functions of the former are probably the model for those of the latter; the Agoranomosamong other things being appointed to check the frauds of the merchants and to maintain control over the temples in the market and make sure that no crimes are committed in them, that is, he was concerned with the religious and secular affairs in the market place14. However, if as we have stated, the CAmilal-Siiq had no such religious jurisdiction, then the above argument is rendered untenable. Moreover, as we have seen, reports of an official over the market are available during the time of Muhammad, that is, before the conquests and the Byzantine influence which followed. Also similarly problematic are the further reports of market officials under cUmar so soon after the beginning of the Arab expansion. It does not therefore seem necessary to search for any outside influence; there is no good reason why the 'Amil al-Siuqand the later Muhtasib should not have arisen spontaneously as a response to internal requirements and needing no foreign precursor for their appearance. As to what the CAmil al-Sziqwas actually concerned with it is probable that chief among his duties was the control of weights and measures. This duty, as the emphasis to which the majority of treatises on Hisba place on it testify, was later given the utmost significance, and its exercise in the early days of Islam and throughout the Umayyad period must have been no less important. The stress which the Prophet placed on giving fair weight and measure
14 For the definite statement of this argument see B. R. Foster, "<Agoranomos and Muhtasity,, JESHO 13 (1970) 128-144. A slightly more recent addition to this discussion which contends the main points of the above article while offering an alternative theory is that of T. F. Glick, "Muhtasib and Mustasaf: A Case Study of Institutional Diffusion,>> Viator 2 (1971) 59-81.

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R. P. BUCKLEY

can be seen by the numerous hadiths dealing with the subject, as it can be in the many Qur'anic references: ((Do not give short weight or measure>>.... ((My people, give just weight and measure in all fairness>>'5.There is even a Siira ((Those Who Give Short Measure>>. It is no doubt true that the fact of something being prohibited often enough shows that the abuse existed. Indeed, the number and complexity of weights and measures at that early date receives ample confirmation in other sources:
Abuf cUbayd said: ((We found that traditions had been related on the authority of the Prophet, his Companions and the Successors after them of eight kinds of measure....)

He then goes on to enumerate them16. It is hardly surprising that someone should have been delegated to attend to something so fundamental to the market's orderly and fair working, so near to the Prophet's interests and so open to fraud and swinding. However, that the situation never improved is certain. cUmar b. cAbd al-cAziz (reg. 717-20 AD) issued a proclamation in his socalled ((Fiscal Rescript>>which similarly indicates the concern the authorities felt for this subject:
Furthermore, in regard to standards of measure and weight, we see in both of them certain practices which those who adopt them themselves know to be injurious. Truly there is no deviation in measuring save from giving short measure, nor in weighing is there excess save from deficiency. Wherefore we hold that all standards of measure and weight in the land should be one and the same throughout the land17.

Needless to say, his wish was not to be fulfilled. Some later commentators allude to the duties of the Muhtasib being undertaken by the early caliphs. While it is a commonplace that traditions often give us an insight into the particular view and circumstances of those who uphold them rather than pertaining to reality these allusions may be taken as indicating that before the advent of the Islamic Multasib characteristic duties of Hisba-those concerned with the upholding of religious and moral probity-were in theory performed by the caliphs themselves. No doubt a pious wish on the part of those who quoted these traditions. It is stated,

15 Qur'dn 11:85-86. For similar verses see 55:8, 16Ibn SallRm, 514. 17((The Fiscal Rescripts of Umar ed. H. A.

6:153, 7:83, 83: 1. R. Gibb, Arabica,2 (1955 pp.

II>,

3-16) 6.

THE MUHTASIB

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for example, that 'Umar b. al-lattab was the first person to perform IHisba18, that is, the function of guardian of religious precepts and morality which distinguishes the Muhtasib from the CAmilalSziq. Other anecdotes are also related about him which indicate his role as a proto-Muhtasibt9. Similarly, cAll b. Abi Talib is the object of traditions which show him to have engaged in IHisba. It is said that the Prophet enjoined him to <order good and forbid evil))20. The same source also states that cAll used to go round the su-q-s every morning ((like a Muhtasib)>.He is alleged to have gone to the cloth merchants and exhorted them not to give short measure, likewise the grain merchants. Elsewhere it is related that cAll on his way through the Kuifan markets urged the merchants to deal fairly, and examined a story-teller to see that he was religiously fit to speak to the people21. Finally, it is stated that the former times the rulers carried out IHisba22. The implication is, however, that the old cAmil al-Siiq had no religious duties. Indeed it may be suggested that the very fact of was intended to indicate a renaming this official as <<Muhtasib)) change in function and in spirit-an Islamicizing of the post. The point of the new terminology was to indicate the new function. 2. The Abbasids and the Muhtasib It is during the early years of the Abbasid Caliphate that the first Muhtasib-s are mentioned. Modern scholars offer various suggestions as to when exactly the Muhtasib made his appearance. All agree that he must have appeared during the early part of the dynasty but there is no uniformity of opinion concerning exactly when. The reigns of Abiu Gacfar al-Mansuir (reg. 754-75 AD), al-Mahdl (reg. 775-85 AD), and alMa'mun (reg. 813-33 AD) are all suggested, but curiously no one offers any argument to back up their claim. No doubt the evidence is insufficient to ascertain the precise date of the office's genesis.
1 Bal-Qalqasandi, Subhal-'A 's (Cairo, 1913) 5:452. '9 See for example Tabari, I:2744, 2745. 20 (<A Zaidi Manual of Hisbah of the 3rd Century (H)>, ed. R. B. Sergeant from his Studies in Arabic History and Civilisation (London, 1981) (pp. VII 1-34) 11-12. 21 22

Waki", 2:196.

f Ibn al-Uhuwwa, Ma'dlimal-Qurba Ahkdm al-Hisba (Cambridge, 1937) 21;

and, al-Mawardi, al-Ahkdm al-Sultanijyya(Cairo, 1983) 223.

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Nevertheless, it may be noted that according to our sources the first Muhtasib-s make their appearance during the caliphate of Abfu Gacfar. Asim al-Ahwal is said to have held the office of IHisba in either Kuifa or al-Mada'in and to have died c.759 AD, that is, during the early years of Aba Gacfar's reign. He is reputed to have been a mawld, although there is disagreement concerning of which tribe. It is also said that he was one of the faqih-s of Baghdad and was Qddzin al-Mada'in23.Another, perhaps more colourful, character was that of Yahya b. Zakariyya whom AbuiGacfar appointed
as Muhtasib of Baghdad. It appears that he abused his position of trust and influence by allying himself to the partisans of Muham-

mad b. cAbd Allah (the ((PureSoul)>) and his brother Ibrahim, the
two proto-Shicites who led revolts in the Hijaz and Basra in 762 AD. Urging the rabble to rise in revolt, Yahya b. Zakariyya was apprehended and executed on the caliph's order in the same year24. The next Muhtasib to occur in the sources does not make his

appearance in the Abbasid capital but in the old centre of the

Muslim Empire, Medina. NafiC b. cAbd reciter is stated to have been a Muhtasib in and to have died in that city in 785-6 AD25 ing his duties during the caliphate of al-Rahman the Qur'an Medina, his birthplace, thus probably performeither Abu- Gacfar or

al-Mahd-i.
That Nafic was a Qur'an reciter has led at least one scholar to

consider that the title Muhtasib applied to Nafic is possibly to be as

interpreted as <desirous of a reward from God)) and not designating the role of market inspector26. However, as shall be seen in more detail later, that a man held other qualifications and even performed other duties has never disqualified him from holding the office of IHisba. One example of this will suffice here, it being also instructive in that it is with this Muhtasib that the first treatises on

Hisba are seen. Al-Sarahsi sometimes known as Ahmad b. alTayyib, is reported in several sources to have taken the office of

23 Ibn SaCd,7 part 2, p. 65. See also al-Hatib al-Bagdddl, TJ'rih Bagdad (Cairo, 1931) 12:243, 244, 245; and Waki", 3:304. 24 Tabari, 3:324. 25 Ibn JJallikan, Ibn Khallikan's Biographical Dictionary, trans. B. M. De Slane (London, 1843) 3:522; and AbuiI-Fidad,al-MuhtasarfAhbdr al-Bas'ar (Beirut, 1968) 2:212. 26

E. Tyan, Histoire de l'organisationjudiciaire en pays d'Islam (Lyon, 1943) 2:444.

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Hisba in Baghdad27. Alongside this he is credited with simultaneously holding jurisdiction over Inheritances (MawarQt)and the Slave Market. He is also said to have been a pupil of al-Kindi and written a great number of books. These include works on astrology, government, arithmetic, medicine and music28. More interestingly, he is also alleged to have compiled two treatises on IHisba, Ijisba 1Kabtr and Hisba 1-Sagir29 which are the earliest works known on the subject. They are unfortunately not extant. It is also reported of him that he was the teacher of al-Mu'tadid before he became caliph30. Finally, al-Sarahsi was executed by his former pupil in 899 AD due to some court intrigue. Although it is not possible to state exactly when the title Muhtasib replaced that of 'Amil al-Suq one may presume that he was now concerned with enforcing certain religious and moral obligations in addition to his more prosaic duties in the market. 3. The Appointmentof the Muhtasib In the opening paragraphs of al-Mawardl's chapter on IHisbahe addresses himself to the differences between the ((volunteer)> Muhtasib, the ordinary pious Muslim who takes it upon himself to fulfil the Qur'anic obligation to ((enjoin good and forbid evil>>,and the ((official)> Muhtasib. The most fundamental of these differences is that the official Muhtasib is mandated by the government to undertake his responsibilities whereas the volunteer is not. The remaining distinctions may all be seen to follow from the fact of his appointment. That the authorities were at pains to ensure that the only Muhtasib operating was the individual appointed by themselves is beyond doubt. It was an area of great concern for them, for one more than one occasion people had risen in the name of ((al-Amrbi-lMaruif wa 1-Nahy Can al-Munkar>> causing a great deal of distress. This Qur'anic injunction has been described by a modern com-

27 'Umar Rida Kahhala, Muc'am al-Mu'allifn (Damascus, 1957) 2:157; and alMascu-di, Kitdb Murug al-Dahab (Paris, 1873) 8:179. 28 Ibn al-Nadim, The Fihrist of Ibn al-Nadim, trans. and ed. B. Dodge (Columbia U.P., 1970) 2:626-7. 29 HagI Halifa, Kasfal-Zunu-n canAsami l-Kutub wa 1-Funun(Cairo, 1892) 1:437.
30

Ibn al-Nadim, 2:626-7.

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P.

BUCKLEY

mentator as <grasped at by the fanatic>>31. More- recently, M.A. Shaban, while describing the contingents in the civil war of alMaDmfin and al-Amin, mentions one party's ((slogan of 'commanding good and forbidding evil'-which has always been used by reactionary groups in Islam to impose their own dogmatic viewpoints. ),32 Thus the civil authorities necessarily took pains to discourage any from assuming this office apart from those specifically chosen to do so, and over whom control could be exercised. The following extract is instructive in this respect:
It came to the attention [of al-Ma'muin] that a man performing IHisbawas wandering among the people ordering them to do good and forbidding them from evil, while not being authorised to do that by [al-Ma'mu-n]. So [the caliph] ordered that he should appear before him. When he came before him [the caliph] said: ((It'scome to my attention that you have considered yourself suitable to order good and forbid evil without us authorisingyou [to do so].>33

The caliph, however, rather than rebuking the man, was so impressed by his piety and obvious suitability for the post that he told him to <continue what you are doing, with our order and on the authority of our opinion>. This story illustrates the government's concern at a very early stage with maintaining control over this office. Somewhat later, Ibn Halduin in his summary of IHisbaalso mentions this point. IHisba, he says:
rests with the person in charge of the affairs of Muslims. He appoints to the position men whom he considers qualified for it.34

Although there is little direct information relating to the period prior to the Buwayhids and the Fatimids, the <person in charge of the affairs of Muslims)) must probably at times have entrusted the appointment of Muhtasib-s to other officials in the administration. There exists one report from the time of al-Muqtadir (reg. 908-32 AD) which shows a Wazzr commissioning a certain individual to this office. This account also reveals the less than ideal qualifications sometimes accepted of the candidate-a circumstances we
31 H. F. Amedroz, <<TheHisba Jurisdiction in the Ahkam Sultaniyya of Mawardi,,JRAS (1916) 292.
32

M. A. Shaban, Islamic History: A New Interpretation(Cambridge U.P. 1976)

2:46.
33 34

al-Gazali, Iiya-' CUlu-m al-Din (Cairo, 1915) 2:278-9. Ibn Halduin, Muqaddimah, trans. F. Rosenthal (Princeton, 1958) 1:462-3.

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shall shortly deal with in more detail. In this case it appears that in 931 AD al-Husayn b. al-Qasim was appointed to the Wazirate on the strength of a forged document in the name of the Prophet Daniel. The forger, curiously called al-Danyal, received his reward from the grateful Wazar by being employed in the position of Muhtasib of Baghdad, with a montly emolument of 100 dinars. Being dissatisfied with this, and being in a good position to bargain, the monthly stipend was duly increased to 200 dinars35. At which point we hear no more. It is interesting to note that the caliphate of al-Muqtadir saw the passing of thirteen Wazar-s, some of whom were put to death. As to whether our al-Husayn b. al-Qasim was one of the latter unfortunates there is no information. During the Buwayhid period the Buwayhid Amir-s seem often to have done the commissioning in the name of the Abbasid caliph. It is from this time, both in Baghdad and a little later in Fatimid Egypt, that the first diplomas of investiture are preserved. The earliest example is from the first Buwayhid AmarMucizz al-Dawla (reg. 945-67 AD) where he authorises someone to become Muhtasib36. Nevertheless the authority to employ the Muhtasib still lay in theory with the caliph and his agreement had to be sought before all else: in a communication from the Abbasid caliph alTa)ic (reg. 974-91 AD) to the Amir Fahr al-Dawla, the latter is instructed by the caliph to appoint the Muhtasib for certain eastern areas of the caliphate37. At other times the Wazir continued to make appointments38. Turning our attention now to the Fatimids, it is clear that the situation was similar to that outlined above; both the caliphs, particularly during the reign of al-Hakim, and the Wazir, particulary during the latter years of the regime, made the appointments. One thing is certain: that the granting of diplomas of investiture was the rule rather than the exception, many examples of these being preserved in al-Qalqasandi. Along with the institutionalisation of the diploma this period also
35 Ibn Miskawayh, Tagarib al-Umam,ed. H. F. Amedroz (Cairo, 1914) 1:317. al-Sahib b. 'Abbad, Rasd'il al-Sdahib cAbbad, cAbd al-Wahhab 'Azzam b. ed. and Sawqi1Dayf (Cairo, 1947) 39 ff. 37 al-Qalqasandi, 10:15 ff. 38 See for example, Tanfibi, Nishwdr al-Muhddara, 'Abbid al-Shalgi (Beirut, ed. 1971) 2:108, where the Buwayhid Wazfrof Mucizz al-Dawla-Abii Gacfar alSamiri-employs Abu I-Qasim al-Guhni as Muhtasibof Basra.
36

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R. P. BUCKLEY

witnessed the appearance of an elaborate ceremony of investiture which seems to have been substantially the same for all the highest officials of state, amongst whose ranks we now find the Muhtasib. This increased prestige and status may be seen in many aspects of the Fatimid Muhtasib but perhaps in none more so than in the ceremonies connected with his appointment. We have several reports of some of the details of these ceremonies. In 1023 AD, for example, the newly appointed Muhtasib, after being awarded a heavy cloak and a turban,
went in great procession, while in front of him were twelve noble female camels39.

Similarly, upon the appointment of Baqi al-Hadim al-Aswad to the two Surta-s and the Hisba in 1024 AD:
A heavy voluminous cloak was conferred upon him and the golden turban of a Qdzf and a sword of gold... [then] he was carried on a horse with a golden saddle and a golden bridle,,40.

In one of the earliest reports Hamid al-Muflih upon being reappointed as Muhtasib in 992 AD <<wentaround the room escorted with drums and banners>>41. While Gabir b. Mansufr al-Gawdari on being appointed to the Hisba and the Sawahil in 1000 A.D. had
a heavy gubba (a long sleeved gown) conferred upon him and a handkerchief containing gold, while in front of him many robes were carried and he was invested with a sword42.

It will be noticed that in two of the above reports cloaks or clothes of some kind are mentioned as being <<conferredupon>>the newlyappointed official. In other accounts it simply says <(He was conferred upon>>(hulica calayhi) with no mention of what the object was43. Derived from this verb, however, is the noun <<h11Ca>> or <<robe of honour>>,it being considered from the earliest times in the Near East a considerable honour to be given the clothes once worn by one's superior. In practice, among the Muslims this was translated into the conferring of garments embroidered with the high

39
40
41 42

43

al-Maqrizi, Itticaz al-Hunafd) (Cairo, 1967) 2:135. al-Maqrizi, Itti@z, 1:150. al-Maqrizi, Itti'dz, 1:276. al-Maqrizi, Ittic'z, 2:31. See for example, al-Maqriz1, Hitat (Beirut, 1967-8) 2:297, and al-Maqrizi,

1: LU/tat, 464.

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dignitary's name rather than actually having been worn by him. It is probable then that the cloaks given to the Muhtasib were of such
a nature-as were perhaps the ((many robes>>carried in front of Gabir b.Mansuir-that is, a mark of the ruler's esteem. As far as the turban referred to is concerned, this was the most essential item for showing rank and prestige, and it was not unusual for persons living during this period to lavish more money on their turbans than they did on the rest of the apparel put together. That one of the above Muhtasib-s was granted a golden turban, and that of the same kind as a Qd1i"s, is testimony indeed to their greatly enhanced position in society. Aside from these ostentious displays it was also common practice to have the diplomas of investiture read out from the minbarof the main mosque, either that of Ahmad b. Tiiliin44 or that of cAmr b. al-'As45 and sometimes both of them46. It may be readily appreciated from the preceding remarks that the Fatimid Muhtasib achieved a status which his predecessor did not, for whereas the former often appears to us as little more than a humble servant of the state, he has now become a grand dignitary possessing great influence. So much can be seen when we compare the meagre accounts of Muhtasib-s prior to the Fatimids and the relative completeness of the records of that latter period: a case of he who was of lowly rank being unworthy of mention. This is not to say that outside the Fatimid domains an effective Muhtasib could not attain a certain renown, as the following report from the time of the Buwayhid Mucizz al-Dawla (reg. 945-67 AD) makes clear. It concerns a certain Muhtasib of Basra, of whom it was said:
They had not seen or heard of anyone who had attained his degree in the regulating of people and the elimination of frauds, nor anyone who knew the secrets of merchandise and goods as he knew them. To the point where it was as if no one had been as proficient as he. The people made difficult demands [of him] and because of that splendid reports concerning him spread throughout the country (balad), and there was veneration in the souls of those of senior rank, not to mention those of lowly rank47.

al-Maqrizi, Ittizz, 1: 145. al-Maqrizi, Itti'dz, 2:91. The mosque referred to is the <<AncientMosque- (alGjmi al-cAtfq) which was the alternative name for the mosque of cAmr b. al-cAs - the first to be built in Egypt. 46 al-Maqrizi, Itti4z, 2:73; and al-Maqrizi, ijitat, 1:464. 47 Tanuihi, 2:108.
44 45

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R. P. BUCKLEY

Such was the Fatimid Muhtasib's position in society that the candidate was usually from <among the prominent people, honest people, and their people of distinction48, which included judgeswhose powers far exceeded those of the traditional Islamic Qdaf, sometimes being more akin to a ruler or a governor-, police fr-s chiefs, Waz and at least on one occasion the caliph himself: alHakim being alleged to have undertaken the office49. At times, their authority was such that when a favourite of the caliph became ill, al-Hakim went to visit him in person, sending him five thousand dinars and twenty five horses with saddles and bridles, and later a appointing him to the IHisba, post commensurate with his place in the caliph's affections50. This process of aggrandisement continued until under the was considered to be fifth in rank of all the Mamluks the Muhtasib judicial posts, coming immediately below the Head of the Public Treasury, or even above him if he was more learned51. Such is the case, but lest we should feel tempted to overestimate the importance of this official it may be as well to consider the response of al-'Amidi, who upon being offered the post of Muhtasib excused himself saying:
Yesterday I was a table companion of the Amiral-Mu'minzn and the keeper of his purse strings, shall I then become a Muhtasibtoday? I cannot do it!52

4. Qualifications Regarding the qualifications which the prospective candidate for Muhtasibmust possess, the Hisba treatises leave us in no doubt as to what is required. They invariably begin by enumerating the requisite virtues. Al-Mawardi, for example, states that:

al-Qalqasandi, 3:483. Badr al-Din al-CAyni, al-Sayf al-Muhannad (Cairo, 1966) 159-60, where it is stated that: (4[al-Hakim] used to work alone as a Muhtasib, going around the markets on one of his donkeys)). See also, Ibn Tagribirdi, al-Nugum al-Zdhiraft MuluzkMisr wa l-Qdhira (Cairo, 19--?) 4:184, where the above statement is reaffirmed. 50 al-Maqrizi, IttjCez, 2:91. 5 Ial-Qalqasandi, 4:34 ff. 52 al-Musabbihi, Ahbar Misr (Paris, 1978) 13-14. al-'Amidi had apparently subsequently held the office of the << Tartfb>- a dtwan especially concerned with the Wazir's emoluments and related matters.
48
49

THE MUHTASIB

73

Among the conditions upon the Muhtasib that he should be a freeman, of is good character, judicious, stern, uncompromising in religion, and with
knowledge of obvious objectionable actions53.

While generally agreeing with the above, al-Gazali points out that a good nature is more important than religious piety, because if the official becomes angry, knowledge and piety will not subdue him, but a good nature will. It will also ensure that he does not desire glory or a good reputation54. Indeed, the only dissenting voice among those advocating the highest moral standards for the Muhtasib was that of al-Gazall. The main thesis in his chapter on Hisba asserts that the sinner could be a Muhtasib.He was, however, not using the term as we use it here, a mandated inspector of the markets, but rather to indicate the the <<volunteer>>; ordinary Muslim who, through his zeal to see God's injunctions enacted, takes upon himself the ordering of good and the forbidding of evil. Due to the often declared close relationship between the subject matter of the Muhtasib'sjurisdiction and the Revealed Law, the v Sari-a, it was generally thought necessary that he should also be well-versed in the niceties of this Law. It is declared that:
The regulator in all the affairs of Hisba is the Sarc. What the Sarcforbids, the Muhtasibforbids and vice-versa. For this reason we have stated.... that it is desirable for the Muhtasib be afaqih, knowing the principles of the Sarica55. to

This same idea is sometimes expressed in other ways. Thus it is reported that the Atabek Sultan Tugtakin wanted to employ a Multasib and <<a man from the learned (min ahl al-cilm)was mentioned to him)>56. Nevertheless, the Muhtasib, while being advised to

be aware of the rulings of the SarC,was never expected to be qualified in its interpretation, that is, he was never permitted to exercise his personal opinion in any case not clearly defined-in the way that a Qddicould. He only had jurisdiction in <<obvious objectionable actions)). Turning now from the treatises on IHisbato the information which can be gleaned from the general sources, a somewhat dif-

53 al-Mawardi, 208. See also, Ibn al-Uhuwwa, Rutba fi Talab al-Hisba (Cairo, 1946) p. 7. 54 al-Gazall, 292. 55 56

7; and al-Sayzard, Nihdyat al-

al-Sayzari, 118.
al-Sayzari, 8.

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R. P. BUCKLEY

ferent and generally more realistic picture emerges. The picture is only somewhat different because in fact not a few of the admittedly small number of references to Muhtasib-s during the pre-Fatimid period do indicate that a certain standard of moral and religious probity was found in these officers. One is described as a faqihi57; while yet another well-attested character is described as ((very pious and abstinent)) and as being a scholar from the SdfiYl school of jurisprudence58. Similarly, the disputed Ndfi' is well known to have been an important Qur'dn reciter and therefore presumably religiously unimpeachable; while during the Buwayhids a contract appointing a Muhtasib speaks of the appointee as having a leading position among the faqzh-s59. What adds realism to the above idealised picture, while not detracting at all from its general veracity, is the occurrence of those less than paragons of virtue among the ranks of the Muhtasib-s. That they did occur, and sometimes in an unacceptably high proportion, may be seen in al-Mawardl's complaint at the end of his treatise on Hisba where he claims that he has devoted so much space to the subject because Hisba has declined in respectability, the rulers appointing to it ((those who are contemptible>>60. Perhaps the individual uppermost in al-Mawardi's mind when he wrote this was the notorious Ibn al-Ha"ag (d.1000 AD), who is said to have been one of the greatest poets among the SlCites and who died while al-Mawardi was in his twentieth year. He was also the Muhtasib in Baghdad for 'Izz al-Dawla Bahtiyar the Buwayhid. Judging from reports, his poetry would seem to have left much to be desired on the part of the more orthodox circles, while he himself was ((noted for his licentiousness, humour and gaiety)>61,becoming a ((proverb for foolishness, philandery and ridicule>>62. was evenHe tually dismissed, but only after having served in office for quite some time63.

57 Ibn Sa'd, 7 part 2:65 - talking about the Muhtasibin Kuifa during alMansuir's caliphate: 'Asim al-Ahwal. 58 Ibn Hallikan, 1:448-50 - regarding the Muhtasibin Baghdad:. al-Istahri (858/9-940 AD). 59 60 61 62 63

al-Mawardi, 223. Ibn Uallikan, 1:448-50. Ibn Tagribirdi, 4:204. Ibn al-Ubuwwa, 172.

al-Sahibb. cAbbad.

THE MUHTASIB

75

The forger, blackmailer and Muhtasib al-Danyall has already been mentioned above, as has al-Sarahsi who, among many other works, is credited with being the author of a volume entitled <(Amusement, Instruments for Singer, Singers, Court Companions, Sittings Together and Varieties of Stories and Anecdotes>>64. This is not meant to represent him as religiously or morally unsound but he may perhaps be taken as indicative of the variety of individuals employed as Muhtasib-s; not all of them answering to the description of sober, learned faqfh-s. Another, perhaps unlikely, candidate was Abui cAbd Allah the Sicite, the Ismaclli propagandist (ddci) who paved the way for the Fatimid regime in North Africa. He is often mentioned with the epithet <(al-Muhtasib>> is said to have occupied such a post in the and yarn market of Basra prior to his sojourn in Africa. On the other hand, it is reported that the one who held the post was not him but rather his brother Abui cAbbas al-Mahtum65. One modern authority has it that Muhtasib-s were sometimes appointed from among the merchants, the better to understand the tricks of their trade66. There is no evidence of this ever having taken place during the periods under study except in the case of one Fatimid Muhtasib by the name of Ibn Abi Nagda who is alleged to have originally been a greengrocer67. Besides which, as we shall in due course see, the Muhtasib had in his employ those whose specific function was to inform him of the details of any trade or profession which he could not reasonably be expected to be acquainted with. 5. Institutional Diffusion a) The Qddi Even before the first appearance of the Muhtasib there are several indications that the old cAmil al-Suiqwas occasionally also a Qdai Sometimes his appointment over the market appears to have been a stepping stone on his way to becoming a judge-as was the case

Ibn al-Nadim, 2:627. Ibn Haldan, Clbar (Cairo, 1971) 3:362. The same statement is repeated 6:312; and, al-Maqrizi, Itticdz 1:45 and 51. 66 ((Hisba,)) E.I, new ed. 67 al-Maqrizi, IttiCez 2:43: Ibn Abi Nagda ((had been a greengrocer whose circumstances had progressed to the point where he took the office of Hisba>.
65

64

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R. P. BUCKLEY

of 'Abd All 1ah b. cUtba b. Mascuid who administered the suzqof Medina for cUmar b. al-Hattdb68 and who later became Qdai for Muscab b.Zubayr in Kuifa69. Sometimes he was Qdaf first and only latterly concerned with the markets; as illustrated by lyas b.Mucawiya who is declared to have had jurisdiction in the suzqof Wasit, probably sometime after 723 AD70, while another source reports that the same individual was employed as a Qdaf in 718 AD either in Basra or Kiifa7 . This, albeit nebulous, connection between the judiciary and the 'Amil al-Suq continued after the latter's transformation into the Muhtasib. The very first Muhtasib to appear in our sources, cAsim al-Ahwal (d. 759 AD), who worked in the suiqof Ku-fa, is also alleged to have taken the judgeship of al-Mada'in under Abiu Gacfar alMansuir (reg. 754-775 AD)72. What is particularly noteworthy in this context is the evidently close relationship between the two offices, for one source remarks that he administered the suzqof alMada'in (<being similar to a Qdaf>)73, while another states that he was in al-Mada'in with jurisdiction over the weights and measures ((as if he was a MuhtasibW'4. Whether cAsim was in Kuffa or al-Mada'in makes little difference: the important fact is that it appears there was some confusion as to whether he was Qdadi Muhtasib, this indicating a certain or amount of diffusion between the two posts at a very early stage. From this evidence it may be surmised that the efforts of the theorists to circumscribe the two institutions did not always find a parallel in real life. It has been alleged that the post of Muhtasib was often a <<preliminarystep)>to the attainment of the office of judge75. There is, however, no evidence to support this conclusion during the period under study. The consistent fact which emerges is that there
68 69

Ibn 'Abd al-Barr, 2:576.

Ibn Sa'd, 6:82. Wak-I, 1:353. 71 Tabari, 2:1347. Considering the relative unimportance of the cAmil al-Suiq as testified by the distinct lack of regard paid to them by the chroniclers, it is only due to their being either judges, relators of hadftor women above their usual station that we learn anything about them at all. 72 Ibn SaCd, 7 part II:65; Wakis, 3:304; al-Hatib al-Bagidi, 12:245, 247. 73 al-Hatib al-Bagdadi, 12:243. 74 al-Hatib al-Bagdadi, 12:244. 75 "Hisba.", in E. I 2
70

THE MUHTASIB

77

was very often an encroachment of the theoretical duties of the one on the responsibilities of the other. Indeed, if there existed any progression from one office to the other, all available information points in the opposite direction: the office of judge often preceded that of Muhtasib, although it cannot be maintained that the former was preliminary step to the latter. An example of this has already been given concerning the 'Amil al-Siiq Iyas b.Mu'awiya. A second illustration of the office of judge on occasion preceding that of the Muhtasib may be seen in the case of Abui Sa'id al-Istahr1 (858/9-940 AD). He is the object of many traditions and reports which are often quite confused and contradictory in their evidence, but it is generally agreed that he filled the position of Muhtasib in Baghdad, beginning sometime during the caliphate of al-Muqtadir (reg. 908-932 AD)76. On the other hand, he is also described as being a Qdad,either in Qumm or further east in Sijistan, also in the time of al-Muqtadir77. He is further said to have occupied the post of market inspector immediately prior to the licentious poet Ibn alIaggag who succeeded him78. Now Ibn al-Hagag is reputed to have died in 1000 AD, sixty years after the death of al-Istahri, and if we presume him to have been, say, a generous eighty years old when he died he can only have been some twenty years old when he inherited the position from his predecessor. If al-Istahir renounced his role as Multasib much before he died himself in 940 AD it would make Ibn al-Haggag far too young to succeed him. Thus, in all likelihood al-Istahri was holding the post of Muhtasib in Baghdad on or about the date of his death. Which means that he was probably judge prior to being market inspector, or alternatively held the two posts simultaneously. Moreover, it is apparent that al-Istahri's experience as a Qdadi influenced his ideas about the Muhtasib's role; for whereas alMaward! points out that the Muhtasib may not exercise his personal opinion in cases of law about which there is some controversy, he also states that al-Istahrl held the opposite to be true79. Thus we see al-Istahri assuming the Muhtasib to be a trained scholar in jurisprudence, as he himself would have been.
al-Miwardi, 217. Ibn Jjallikan, 1:375 and 448-50; see also, al-Sirazi, Tabaqdtal-Fuqahd' (Baghdad, 1356 AH) 90-91. 78 Ibn Ulallikan, I:448. 79 al-Mawardi, 209; see also, Ibn al-Ubuwwa.
76 77

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R. P. BUC KLEY

Rather than talking of the Muhtasib preceding the QdaT and viceversa, it is probably more correct to speak of the two offices being simultaneously executed by the same man. We have already had occasion to mention the contradictory reports such a situation could elicit when dealing with 'Asim al-Ahwal. It may be similarly claimed that the case of al-Istahri furnishes yet another example of this. However, it might be objected that al-Istahri could not have held both posts simultaneously because one would have required his presence in Baghdad while the other would place him much further east. This theory could not be rejected, however, if it were thought likely that at times the title of Muhtasib was nothing more than a sinecure, a post whose duties were not actually carried out by it's nominal holder, thus leaving al-Istahri free to be Qdai in Qumm while his appointees conducted his other responsibilities in the markets of Baghdad. In the relatively numerous reports in which IHisbais just one of a number of offices encumbent upon one individual, and particularly where it is not the most prestigious of those offices, it cannot be conceived that he would devote his attention to IHisba to the exclusion of all else. It must therefore be presumed that when we hear of a Muhtasib who was at the same time a QddZthe responsibilities of the former were in obeisance to those of the latter. In which case the Qda would simply have assistants who would fulfill his responsibilities in his capacity as Muhtasib. This was almost certainly the case during the Fatimid period in Egypt. A diploma written on behalf of al-Hakim (reg. 996-1021 AD) enjoins the Qddito undertake several of the market inspectors traditional functions: to check the mosques, the Imams, the public speakers, the mua4ddin-sand all others who work in the mosques, 1to make sure that the lamps are lit and that the prayers are performed at the correct time80. Another, written on behalf of the caliph al-'Adid (reg. 1160-71 AD) concerning the jurisdiction of a judge states that among other things he must ensure that the roads to the markets are unobstructed and that the mosque lights are lit-again traditional jobs of the Muhtasib81 More usually, it is une. quivocally declared tha the Qdazis to have authority in the IHisba82.
al-Qalqasandi, 10:384 ff. al-Qalqasandi, 10:433. 82 See, for example, al-Qalqasandi, 10:350; al-Kindi, Kitdb al-Wuldt wa Kitdb al-Quadt (Beirut, 1908) 596; al-Maqrizi, Ittic@z, I:217.
81 80

THE MUHTASIB

79

This relationship between judge and Muhtasib was so close that it once occurred that a Muhtasib took the responsibility for judgeship: in 1015 AD in Egypt, when Misr was without a Qdaf for three months and twenty three days this position was held by a Muhtasib, Abui Mansir, along with another individual83. The Fatimid Qdaf had a much wider jurisdiction than this title would suggest, for aside from occasionally being in control of the Hisba he also had authority over the Ma'una 4, or police force, and more importantly, the mint85. That he had nominal control of IHisba and employed representatives to carry out his functions in that captivity was well-known to Ibn Haldiun, who wrote:
The position [of Muhtasib].... is subordinate to the office of judge. In many Muslim dynasties, such as the dynasties of the 'Ubaydid (Fatimid) in Egypt and the Maghrib.... [the office of Muhtasib] under the generaljurisdiction fell of the judge, who cold appoint anyone to the office at discretion86.

Finally, this situation of institutional diffusion, if not confusion, is well illustrated in a letter preserved in the Geniza records. Although the letter was composed some seventy years after the demise of the Fatimid regime it could equally well have appeared during that time. It was written from Alexandria, the correspondent saying how he wished to have someone corporally punished for an offence against the Jewish religion. After mentioning the content of his accusation he continues:
I did not know to whom to submit it, to the Q@dI to the Wdlt. Finally it or occurred to me to send it secretly to the Muhtasib,the superintendent of the market, emphasizing that a light punishment was sufficient. The latter sent his messengers to summon the supervisors of the quarters, who advised him to bring the accused before the Wdlf. The Wdltdecided that he should be flogged and pilloried, a decision that was carried out after the messengers of the Muhtasibhad brought the man into the presence of the Wdli87.

The sometimes purely nominal nature of the Muhtasib's office becomes evident in those situations where the quantity of offices under the authority of a single individual positively precludes him from executing them all. The most extreme illustration of this is that of Yacquib b.Yusuf b.Killis, who was the first Wdzfrappointed
al-Kindi, 608. al-Qalqasandi, 10:350. 85 al-Qalqasandi, 10:384 ff., 433 ff.; al-Maqrizi, Itticdz, I:217. 86 Ibn Halducn,I:462. 87 Quoted by S. D. Goitein, A Mediterranean Society(California U.P., 1971) 2:371.
84 83

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under the Fatimid regime88. In 937 AD he was appointed to a large number of administrative and judicial posts including the Tax Department (Ijardgv), the department dealing with Inheritances (Mawdrat), the two Surta-s of al-Qahira and Misr, the Ports (Sawdhi[) and the Hisba89. The largely nominal role of the Fatimid Muhtasib would also go to partly explain Goitein's remark that:
The Muhtasib, the official who, according to the textbooks, should be expected more than anyone else to represent the government to the populace, is all but absent from the Geniza papers during the Fatimid period90.

For the one bearing the title Muhtasib would not be seen by the populace, rather only those hired to do his bidding. The honorary conferring of IHisba is also witnessed during the Buwayhid period in a communication from the 'Abbasid caliph alT-a?iC(reg. 974-91 AD) to the Amir Fahr al-Dawla. The caliph appoints him to a number of posts including the IHisba; a few paragraphs later, however, the caliph says that the Buwayhid must:
rely, concerning the.... IHisba[etc. J.... upon he who has the qualifications for these jurisdictions91.

b) The Surta It may be presumed that the Muhtasib and QddT enjoyed a close relationship due to the similarity of their subject matter and the ostensibly religious nature of their various duties. There was also a certain amount of resemblance between the subject matter of the Hisba and the Surta (police force) which also facilitated an association between them. Not only this, but their independence from the strict rules of procedure and evidence which restricted the Qdai's movements may also be added to their common ground. It is therefore not surprising to find from time to time the investing of both these offices in the same individual. This was particularly the case during Fatimid times but there is also evidence of its occurrence in an anecdote concerning Tugtakin, the Atabek Sultan of Damascus.

Gamal al-Din CAll b. Zafir, Ahbar al-Duwal al-MunqatiCa (Cairo, 1972), 38. al-Maqrizi, jHitat, 2:5; al-Maqrizi, Itti'az, 1:144; Ibn Muyassar, Ahbar Misr (Cairo, 1981) 163.
88 89

90 Goitein,
91

4:40.

al-Qalqasandi,

10:29.

THE MUHTASIB

81

The Sultan appoints someone as Muhtasib but is then surprised to find that the new appointee immediately turns upon him, criticizing him for certain lapses in his behaviour. This show of religious and reforming zeal so impresses the Sultan that he declares:
I have given you jurisdiction in the Surta[as well]92.

Similarly, under the Abbasid caliph al-Muqtadir, a certain Muhammad b.Ya'qu-t is appointed to the IHisbaand the Surta93. The majority of such reports concern the Fatimids; a circumstance which did not escape the attention of al-Qalqasandi who notes that:
In Egypt in the days of the Fatimids Hisba was sometimes added to the Surta94.

and that:
In some of their diplomas I have occasionally seen the IHisba Misr and alin Qahira added to the two chiefs of the Surta95.

he By ((two chiefs of the Surta>> is referring to the head of the Surta al-Sufid and the Surta al-'Ulya the police forces of Misr/Fustat and al-Qahira respectively. Al-Qalqasandi's observations are corroborated by the extant records of five persons during this period who combined within themselves Hisba and the two Surta-s96. It is of interest to note that among the things which the Crusaders borrowed from the Arabs was the office of the Muhtasib, whom they called the ((Master Sergeant>>or Chief of Police. Could it be that they simply maintained the character of the office as they had found it to be among the Muslims? 6. The Muhtasib's Duties The duties attached to the office of IHisbamay for convenience be divided into two main categories: those which would tend to encourage the orderly and equitable running of the market, and those responsibilities which have as their aim the censorship of

92

93
94 95
96

al-Sayzari, 8. Ibn Miskawayh, 209.

al-Qalqasandi, 5:453. al-Qalqasandi, 3:487.

See al-Maqrizi, IttiCdz, 2:83, 91, 100, 150-1; al-Maqrizi, Hitat, 2:5.

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public morals and the correct execution of the Islamic ritual. In this dichotomy we see the essentially dual nature of the Muhtasib. These two aspects of the market inspector's office receive more or less stress in the manuals and miscellaneous chapters dealing with IHisba. Al-Mawardi, for example, places much more emphasis on the moral and religious functions than he does on those more secular; whereas al-Sayzari shows more concern for dealings within the purview of the market place. No doubt the Muhtasib-sthemselves emphasised one or the other sphere depending on personal inclination or governmental injunction. These duties were subject to the different circumstances occasioned by place and time. Thus, the Zaydi manual includes among the Muhtasib'sresponsibilities the prohibition of any individuals intending to export weapons to non-Muslim lands or anti-Zaydi
Muslims97; while al-Sayzari places stress on the supervision of the

dimml-s,who during the Crusades were considered as a potential source of treachery, and of the Bdtinfmovements, who were to some extent the victims of the Sunnfrevival then current in many parts of the Islamic world. It may be noted that, notwithstanding the above remarks, there emerges a general consensus of opinion as to what the Muhtasib was charged to undertake, despite the fact that a commentary may choose to highlight one aspect or another. It has been proposed that the old 'Amilal-Suiq primarily conwas cerned with the secular affairs of the market place and that it was only with the advent of the Abbasids that he was also endowed with responsibilitiesof a more directly religious and moral nature. However, from all the available information, both in the IHisba treatises and other sources, it is clear that the more secular side of the Muhtasib'sactivities always remained paramount. There are many duties mentioned as incumbent on the Muhtasib in the IHisba manuals and the diplomas but which receive absolutely no corroboration in the historical sources. Early pre-Buwayhid reports concerning the Muhtasib rarely focus on him simply by virtue of someone having held the post. He is usually mentioned due to some other characteristic,such as the office also having been held
by a Qdzi, or its holder having taken an instrumental part in a rebellion or some other unusual circumstance.
97

((A Zaidi Manual,,, 27.

THE MUHTASIB

83

The above remarks apply equally well when we consider the dearth of historical information regarding the Muhtasib's day to day business; it-is only mentioned in so far as it was unusual, of major importance (as with weights and measures) or as it served as an illustration of the enactment of certain government policies which received particular emphasis. It will be readily understood then, why the more mundane duties of IHisbaare simply not found in the historical sources. This need not lead one to assume that they were not executed by the Muhtasib or his representatives. As already remarked, the constant injunctions against a certain practice are sure evidence that it existed. That the Muhtasib is constantly enjoined to attend to these affairs indicates that at least at times he must have done so. 6.1. The Muhtasib's Duties: Secular a) Weightsand Measures Whatever variations there may have been in the responsibilities of the market inspector his concern with correct weights, measures and scales always continued to be the primary one. The overriding importance of this area of his jurisdiction is readily attested by the IHisbatreatises, all of which place the greatest significance on this aspect. Al-Mawardi declares:
The main subject of his jurisdiction insofar as it concerns the prohibition of niggardliness and deficiency is scales, weights and measures.... let the chastising against it be more manifest and the punishment for it greater98.

Ibn Halduin also emphasized this function:

[The Muhtasib] has no authority over legal claims in general but he has authority over everything relating to fraud and deception in connection with food and other things and in connection with weights and measures99.

It can likewise be seen in one of the reports concerning the first known Muhtasib, 'Asim al-Ahwal:
'Asim al-Ahwal was in al-Mada'in over the weights and measures, that is, as if he was a Muhtasib'00.

98

al-Mawardi, 218-219. 99 Ibn Halduin, 1:462.

100 al-Hatib al-Bagddll,

12:244.

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Here, ((over the weights and measures)) is used almost as a synonym for Muhtasib. That such should be the case is understandable considering the fact that weights and measures were fundamental to the progress of commercial affairs and also the most amenable to fraudulent handling. This susceptibility to malpractice was no doubt largely attributable to the great variety of weights and measures in circulation. Attention has already been drawn to this while mentioning the

'Amil and al-Siiq, when relatingCUmar CAbd b. al-'Azlz'sattempts

to unifythe systemthroughout Empire.His obviouslackof sucthe cess in this venture is well illustrated the fact that al-Sayzari by writingin the twelfthcenturyAD could declarethat the peopleof every regionand countrywere using raftl-s differentweightand of that the standardmeasuresdifferedwith each Sultanin power'01. Two centurieslater, Ibn al-Uhuwwawas still echoing the same
complaint'02.

From the meagrerecordsconcerning AbbasidMuhtasib the two reportsare preserved whichshowhim actuallydealingwith affairs of this nature. Both of them occur during the Caliphate of Mu'tadid(reg. 892-902AD). In the first,a cottonmerchant appears before the caliph complainingthat he has just made a purchase from a man whose weights and scales proved to be defective. Mu'tadidsummonsthe Muhtasib rebuking and, him, ordershim to attendto thesematters'03. secondreport,whichmay, however, The referto the same incident,has the Muhtasib rebukingthe salesman and orderinghim to standardise scaleslike those of the other his
merchants'04 .

The problemof differing weightsand measures just as acute was under the Fatimid regime. From his researchesinto the Geniza documentsGoitein concludesthat:
Weights differed from place to place and from one commodity to another. To compound the situation, as the Geniza texts show, one and the same commodity sometimes was traded in weights of different types105.

al-Sayzari, 15 and 17. Ibn al-Ubuwwa, 80. 103 Ibn al-Gawzl, al-MuntazamfJt Td'rih al-Muluik wa'1-Umam (Hyderabad, AH) 5 part II:129-30. 104 TanuThi, 1:327. 105 Goitein, 1:360.
102

101

1358

THE MUHTASIB

85

The Fatimids applied themselves to this problem, but despite proclamations in the market warning the merchants not to swindle in their measuring106 and to put their weights and scales in order107, the situation did not improve. It is clear from the sources that the Muhtasib was the government's agent in the enforcing of these stipulations, and we see him on more than one occasion giving beatings and pillorying those guilty of such infringements108. The several diplomas of investiture preserved also bear testimony to this most important of the Muhtasib's responsibilities, never neglecting to mention it specifically. Al-Sayzari provides us with a little more information as to the nature of the Muhtasib's duties regarding weights and measures. He enjoins the Muhtasib to order the users of scales to clean them of grease and dirt every hour lest this should alter their accuracy, and to place the goods gently on the scales, not moving the edge of the scale tray subrepticiously with the thumb. Among some of the tricks perpetrated by unscrupulous merchants, he describes that of the goldsmith who lifts the scales near to his face and, blowing gently, makes one balance incline. Al-Sayzari remarks that this is often successful because the purchases has his eyes on the scalesnot on the mouth of their owner109. He notes that the weights themselves must be made of iron unless this material in unavailable, in which case stone may be used. This is, however, inferior because stone weights chip down when they bump against each other. To guard against this eventuality the Muhtasib must order the merchant to bind them then the Muhtasib puts a stamp on them to indicate that they are of standard weight, while inspecting them now and again to ensure that they have not been replaced by wood110. Although there may have been nothing novel in the problems facing the Fatimid administration, in their attempts at imposing a solution they brought a new institution into being. This was the Ddr al- CIydr.

106 See, for example, al-Maqrlzi, IttiCdz, 1:280; 2:53; and again 1:277 which states that: '(a proclamation was read out saying that the correct stamp should not be removed from the scales and ratl-s,. 107 See al-Maqrizi, Itticdz, 2:53. 108 See for example, al-Musabbihi, 72 and 78. 109 al-Sayzarl, 18-19. 110 al-Sayzari, 19.

86 b) The Dar al-Iyar Tyan severely equating for this cription:

R. P. BUCKLEY

mentions this institution in his chapter on Hisba but misunderstandings the true nature of its function by it with the mint"'. He quotes al-Maqrlzi as his reference conclusion, but al-Maqrlz1 is most explicit in his des-

The Muhtasibinspects the Ddr al-'Iyar.... The standard measures were in a place known as the Ddral-cIyar which the accuracy of all the parts of scales in and all the weights were checked. He used to pay the cost of this Ddr, and whatever he needed of copper, steel, wood, glass and other apparatus, and the wages of the workmen, overseers and such like, from the government
diwan (al-Diwan al-Sultadnijyya). The Muhtasib or his deputies would go there to

check in his presence the accuracy of what was produced in it. If it was correct, he endorsed it, and if not then he ordered that it should be re-made until it was correct. In this Dar were specimens with which he corrected-the standard measure; for the weights, scales and measures would not be sold except from this Ddr. All the merchants would go to this Dar upon the Muhtasib'ssummoning them, bringing their scales, weights and measures to be tested every so often. If a deficiency was found then the [scale, etc.] was destroyed and its owner was taken to the Dar and compelled to purchase a replacement from that which was accurately manufactured there, and to pay its price. Then he is forgiven. [TheMuhtasib] compels those whose scales or weights show a defect only to repair that which is amiss in them and to pay a fee for that only. This Ddr still remains in all of the Fatimid states. When Salah al-Din took over the government he confirmed this Ddr.... and it still
remains12.

The above extract has been quoted at length because it supplies us with full information as to the supposed purpose of the Dar alcIydr and the Muhtasib's function concerning it. To sum up: the Dar al-'Iyar was a government office in which the scales, weights and measures were theoretically to have been produced and periodically examined. The Muhtasib or his representatives were expected occasionally to act as quality controllers and periodically to summon the merchants and check the accuracy of their scales, weights and measures against standards which were housed in the Dar. No doubt an attempt at the homogenization of the system. The fact that it did not fulfil its purpose may be seen by the many complaints about the differing standards, as it can by al-Sayzarl's acceptance of the fact that although weights should be made of iron they were often made of stone. Elsewhere in his manual, he recommends the
II
112

Tyan, 2:465. al-Maqrizi, Hitat, 1:464; also, al-Maqrizl, iHitat, 1:110.

THE MUHTASIB

87

use of the Byzantine scale beam as opposed to the Coptic one as being more accurate"3, thus indicating that a choice of scales was available and not only those produced by the Ddr. Whatever the actual involvement of the Muhtasib was with the Dar al-'lyar, his connection with it receives further testimony by the position of his headquarters-al-Maqrizi informs us that they were next to the Ddr al-cIyar1l4. Fully in keeping with the vague divisions between the various judicial and administrative posts there are some reports of Qddl-s having had jurisdiction here too" 5. Significantly, jurisdiction in the Dar al-'Iydr is contrasted with that of the mint (Ddr al-Darb)l6. c) The Mint We have already remarked that Emile Tyan was wrong in describing the Ddr al-Iydr as a mint and thus in his citing this as evidence that the Muhtasib's jurisdiction extended as far as the assaying of coins. Nevertheless, there are indications that at certain times and in certain places the Muhtasib did have a more or less close identification with the mint. The first such indication occurs in a passage from al-Mawardi written under the Buwayhids, which, while not ascribing any supervisory capacity to the Muhtasib, does state that he has the authority to select assayers of coins if the town becomes large enough to warrant their employment"7. Likewise, Ta al-Din al-Subkl, writing somewhat later, in his very short account of the Muhtasib states that one of this officer's important duties is the checking of the fineness of coinage and the careful consideration of
minting' 18.

None of these statements, however, even supposing them to conform to actual practice, can be taken to indicate any close and permanent connection between the Fatimid Muhtasib and the mint. The authorities held most responsible for the inspection of the Fatimid mints were the judiciary, and prominent among them was
113
114

al-Sayzari, 19.
al-Maqrizi, Hitat, 1:363. See, for example, al-Maqrizi, Ittilez, 2:23 and 106. al-Maqrizi, Ittizdz, 2:23 and 106. al-Mawardi, 219. Tag al-Din al-Subki, Mucid al-Nicam wa Mubid al-Niqam (Cairo, 1948) 66.

115
116

117 118

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R. P. BUCKLEY

the Qdif al-Quadt. Al-Maqrizi is quite clear on this point, stating categorically that:
the Qdlf al-Qudat used to assume responsibility for the Ddr al-Darb (mint)"'9

and:
In former times the QJdaal-Quadt used to assume responsibility for checking standards in the Ddr al-Darb, and be present at its closing [when he] put a stamp on it, and be present at a later date to open it12O.

This testimony is further corroborated by al-Qalqasandi who, in talking of the (<religious occupations>>during the Fatimids, remarks that the QddT al-Qu.dt had jurisdiction in the mints'21. The names of some of these officials have been preserved. We may give as an example the Qddfal-QuIdI Malik b. SacId, who included the inspection of the Dar al-Darb among his other duties'22. At other times it was the ordinary Qda whose sphere of authority extended to the mint123. That he was expected to employ representatives is expressly stated'24, the Qddi in question later being seen to actually do so'25. Occasionally, the individual with authority over the mint was both a Qddf and a Muhtasib'26. In fact, the workings of the mint were far too complicated for any but the expert to deal with, and checking the accuracy of specie beyond the most basic level was above the ability of all but those specifically trained for that purpose. The Qda, among whose duties the assaying of coins nominally fell, and the Muhtasib, whose jurisdiction necessarily brought him into contact with the currency, could have had none but the most minor roles to play in this. In a diploma from the Fatimid period appointing a Muhtasib his relationship to the mint is cleared up:
And the Ddr al-Darb and the money which is dispersed from it: there may be counterfeit among it which only comes to light after quite some time. Let [the Muhtasib] face the important affairs [of the mint] with his breast which knows no anguish, and submit to a test those of these important affairs which do not succeed in confusing him, as far as he can'27. al-Maqrizl, FIitat, 1:445. al-Maqrizi, Hitat, I:450. 121 al-Qalqasandi, 3:482. 122 al-Maqrizi, Ittiaz, 2:106. Malik b. SaCid died in 1014 AD. 123 See, for example, al-Qalqasandi, 10:433. 124 al-Qalqasand!, 10:384 ff. 125 al-Kindi, 596. The QJda in question appoints his brother to look after his duties in the mint. 126 al-Maqri-z1, Itti1z, 1:217.
120 119

127

1 al-Qalqas'and-1, 1:214-5.

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89

That is to say, he was only very casually connected to the affairs of the mint, the real job lay in the hands of experts. As to what he could do, the diploma goes on to say that he may inspect that which is obviously marred and badly minted. d) Coinage Just as the units of weights and measure suffered from a lack of uniformity and thus lent themselves to fraud and swindling, so the coinage suffered from the same disadvantages. During the Umayyad and early Abbasid periods the minting of specie was centrally controlled by the caliphate. Later, there was a move towards decentralisation and regionalism which was perhaps inaugurated by Harfin al-Rasld (reg. 786-809 AD) who appointed a subordinate official, the Ndzir al-Sikka, to supervise the mints. As a result of this development, together with an increase in the number of mints due to the largely monetary character of the economy, a situation arose in which different mints were producing coins which only satisfied local standards of fineness and which bore only a general resemblance to the products of other mints. Unlike the copper Pals (plural: Fuliis) which had a limited distribution, dirham-s and dinar-s were in use over a very wide area, despite their being of different qualities and thus purchasing power. Nevertheless, because of the general rarity of specie the situation was allowed to continue unchecked. A similar circumstance also existed concerning old coinage which was left in circulation. The fact of the coins becoming thinner and therefore less valuable led to products of the self-same mint having different values at the same time. The various governments, provinces and even cities within the same province were from an early date concerned with minimizing the effects of this unsatisfactory situation. It was only natural that the Muhtasib, whose jurisdiction concerned primarily the market, should be charged with some responsibility for currency control. An obvious target for the Muhtasib's attentions was the moneychangers themselves who were a common feature in the markets, exchanging the numerous kinds and qualities of dirham-sand dinar-s in circulation. The first explicit mention of this in the Hisba treatises is found in the Zaydi manual from the early tenth century AD:
The Muhtasib must order the money-changers to correctly adjust the weights and scales and forbid them from smearing the dindr-swith Kohl [ie. so they

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R. P. BUCKLEY

weigh heavier], and from taking coins which have been coated with mercury and that which is counterfeit128.

Al-Sayzari devotes a chapter to the Muhtasib's dealings with the money-changers, during the course of which he indicates some of the many kinds of specie in circulation, noting, for example, that it is forbidden to sell the dinar from Qasan for that from Sabuhr because of the difference between them. Both places are towns in Persia. The Muhtasib is also instructed to chastise the moneychanger and banish him from the market if he is caught committing any infringement of the Sari-a; an injunction which was put into practice on at least one occasion when in 972 AD the Muhtasib Sulayman b. 'Azza <dismissed a group of money-changers))'29 It was in Misr that the Ddr al-Sarf (the Exchange) was situated and in which at least some of the money-changers were employed130. e) Sawdhil Under the Fatimids there was a great expansion of bureaucracy and numerous new government posts were brought into existence, making the situation very elaborate and complex. It is under this regime, for example, that the office of Sawdhil makes its appearance and is added to that of Hisba131. Although this post is quite often referred to by the sources they do not contain any details regarding it. Neither its scope of jurisdiction nor the duties encumbent upon its holder are anywhere elucidated. It seems probable, however, that the individual charged with its execution would, as the plural term Sawdhil (river harbour, anchorage) suggests, have responsibilities concerned with at least the three ports of al-Qahira and Misr/Fustat. It is also possible that his sphere of influence would extend as far as the port of Quis in Upper Egypt which under the Fatimids became an important market on the trade route with the Far East. The port in al-Qahira was constructed by the Fatimids on the site of an old fortified town
<<AZaydi Manual), 24. al-Sayzari, 74-6. 130 See al-Maqrizi, Hjitat,1:122 and 132. 131 For examples of this see al-Musabbihi, and 135.
128 129

14; al-Maqrizi, Hitat, 1:277, 2:31

THE MUHTASIB

91

known as Tendynyas to the Romans (Arabic: Umm Dunayn), and apart from being a trading port was also the anchorage of the military fleet. An older port was that of Misr/Fustat which was concerned almost entirely with affairs of a commercial nature and called al-Sina'a. By far the oldest of the three ports in the capital was that of Gazlrat al-Rawda which was in use during Pharaonic times. Perhaps the connection between the office of the Sawdhil and that of the Muhtasib is not so unusual when we consider that these ports were also the sites of large market areas. At any rate, the Muhtasib is sometimes credited with duties which would have inevitably taken him to the ports. Al-Maqrlzl, quoting Ibn al-Tuwayr, one of the most important authorities for late Fatimid times, says that the Muhtasib must:
Ensure that the ship-owners do not carry more than a safe load132.

Likewise, al-Mawardi:
And the Muhtasib forbids the ship-owners from carrying that which the ships cannot accommodate and which he is afraid may sink them. similarly, he forbids them from travelling when the wind is violent. If [the owner] carries men and women in them he must separate them with a partition. And if the ships are large enough he installs toilets for the women so that they do not have to go out [i.e. on to deck and in the presence of the men] at the [time ofl
need'33.

f) Aswaq It is related that in 1033 AD, Dawud b. Yacquib al-Kutami was appointed to the IHisba, the Sawdhil and the Aswaq134. At first sight it appears somewhat enigmatic that as the Muhtasib's duties were largely concerned with the sutqshe could have yet another distinct office called Aswdq. Once again, there is no information concerning this function but it could well have been a forerunner of the Mamluk position of the Nazir al-Aswdq, the jurisdiction of which was over the slave and horse markets only. This hypothesis becomes even more attractive when we see IHisbaand the supervision of the slave markets distinguished from each other elsewhere: in the time of Muctadid (reg. 892-900 AD) al-Sarahsi took the office
132

133 134

al-Maqrizi, &ita!, 1:463. al-MawardT,222. al-Maqrizi, Itticz, 2:135; al-Musabbihi, 14.

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R. P. BUCKLEY

of IHisba in Baghdad, the Inheritances (al-Mawdrft) and the Slave

Market (Suq al-Raqfq)135.

During the Buwayhid period also, a Buwayhid Amir is entrusted with IHisba and the slave Markets (Aswdqal-Raqzq)136.The IHisba treatises of al-Sayzari and al-Mawardi do not mention any authority of the Muhtasib over the slave markets, although both of them state that he must ensure that slaves are correctly treated. This omission indicates the independent nature of the two jurisdictions. But Ibn al-Uhuwwa, writing during the Mamluik period, does devote a chapter to the Muhtasib's responsibilities in the slave market, in the course of which he outlines the general practices of the market and indicates some of the tricks and deceptions which the Muhtasib must be on his guard against137. The conclusion would appear to be that on occasion the Muhtasib looked after the slave markets and thus while not strictly being under his aegis he was required to know something of their workings.

g) PublicHighways
Under this heading comes the Muhtasib's concern for ensuring the clear passage of public highways. This subject receives treatment in all the .Hisbatreatises without exception and is sometimes mentioned in diplomas of appointment, both from the Buwayhid and Fatimid periods. The following extracts may be taken as typical and will serve to illustrate the supposed scope of his jurisdiction in this sphere. The writer of the Zaydi <(Kitdb states that al-Ihtisdb>>
It is necessary for the Muhtasib to prohibit the building of a shop or the fixing of a pole in the market street.... and not to permit either the Dimmz-s or the Muslims to tie their riding animals in the Muslims' highways if there is harm in that for the passers-by.... and it is encumbent upon the Muhtasib to forbid the people from digging a well in the Muslims' highway, or building a mosque, except with the Imdm's permission when the street is wide and there is no harm in this for the passers-by and the Muslims; likewise the making of a ditch138.

Added to this may be taken the notice by al-Sayzarl:

And as for the public highways and streets of the market areas, it is not permissible for anyone to extend his wall into the common thoroughfare;
135

CUmar Rida Kahhalah, 2:157.

136 137 138

al-Qalqasandi, 10:15.
Ibn al-Uhuwwa,

152-3.

((A Zaidi Manuab,, 18.

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93

similarly anything of annoyance and harm to the passers-by-such as drainpipes coming out of the walls in winter and sewage channels coming out of the houses into the middle of the road in summer. Rather, the Muhtasib must instruct those who have drainpipes to make a conduit excavated in the wall instead and plastered with lime in which the water from the roof will flow. must charge whoever has an exit for sewage into the street And [the Muhtasib] within his house to block it during the summer and to dig for himself a pit within the house which he can use'39.

There can be no doubt that above passages did conform to quently someone was required That the responsibility for this unanimously agreed upon.

the circumstance described in the actual conditions, and that conseto keep a control of the situation. lay primarily with the Muhtasib is

h) Regulation of Trades and Professions The chapters dealing with the Muhtasib's regulating of the practices of the various trades and professions are among the most fascinating to be found in the Hisba manuals-of which that of alSayzarl is the prime example. A great number of occupations are mentioned, each being awarded its own chapter. The purpose of this is to introduce the Muhtasib, and his assistants, to the most common deceitful practices of a particular trade, the better for him to detect and remedy them. In the course of doing this the manuals necessarily go into some detail concerning the practicalities of the particular trade. Not only are many trades outlined, the existence of which would perhaps otherwise be pure conjecture, but quite often intimate details are given of their workings-even, as is the case with various vendors of foodstuffs, recipes and methods of cooking are elaborated so that the Muhtasib may check to see that it is being done according to the best methods. This often provides us with very interesting information from the point of view of social and economic history, giving, as it does, an insight into the workings of a medieval Muslim market.

139 al-Sayzari, 14. This aspect of social life also receives attention in the following hadft concerning Surayh, the largely mythical judge of 'Umar and who is the subject of many later spurious traditions: [Surayh] does not annoy Muslims as they travel on their roads>). Yet another hadit states that he only made his drains and buried his dead cats [!] in his house. (WakiD, 2:220.)

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Included among the trades and professions dealt with by alSayzari are the following: Butchers and Slaughters; Fryers of fish; Makers of Harisa; Sausage-makers; Perfumers; Tailors; Educators of boys; Confectioners; Grainsellers and Millers; Apothecaries; Blood-letters; Doctors....and so on. As these manuals were intended to be a sort of practical handbook for the specific use of the Muhtasib we need not be surprised to find a description and location of the various veins which the Blood-letter may open, or such as the following extract concerned with the preparation of dough prior to baking:
The dough-kneadermust not knead with his feet, knees or his elbows because this shows contempt for the food, and perhaps some drops of sweat from his armpits or torso will fall into the dough. He may once knead whilst wearing a sleeveless robe. He must also be veiled because perhaps he will sneeze or speak and a few drops of his saliva or nasal mucus will fall into the dough. And he must tie a white brow-band across his forehead so that he won't sweat and a few drops fall into the dough. He must shave the hairs on his arms so that nothing will fall from them into the dough. And if he kneads during the day then he must have a person with him with a fly-swatter in his hand to keep the flies off him. All this, after the sievings of the flour with a closetextured sieve a few times'40.

Just how far this remained ideal practice it is hard to tell but (unless there has been a decline in ideas of hygiene over the past few centuries in Egypt) it is quite likely that the above was mainly the expression of a theoretical ideal and did not correspond too closely with reality. Interestingly enough, however, a report has been preserved in which in Egypt in 928 AD:
It was prohibited to knead bread with the footl4l.

The descriptions of the various medical professions received particular attention due to their potential for harm. As regards doctors, the Muhtasib is enjoined to
make them swear the Hippocratic oath'42

and to
make them swear not to administer any harmful medicine, nor to prepare a poison nor amulets for any of the people; nor to mention to women the potion which makes the embryo fall; nor to mention the medicine which stops the
140 141 142

al-Sayzari, 22. al-Maqrizi, IttijCz, 2:53. al-Sayzari, 98.

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begetting of offspring; and to avert their eyes from the women-folk when they enter unto the sick, and not to disclose secrets and pull up veils143.

In general, the Muhtasib was to administer an oath of good behaviour in cases where he could not be expected to understand the workings of the occupation sufficiently well to check for himself. i) General Welfare Also under the heading of the largely secular and mundane was the Muhtasib's theoretical concern with the general welfare of the market place and its inhabitants. In this category we may conveniently place all those miscellaneous duties with which he was charged. These include his authority to divide the different trades into their own particular areas; this being considered to be commercially more viable and no doubt enabled the authorites to exercise firmer control over them. An exception to this rule is deemed to be the bakers, who must be distributed throughout the town so that all the inhabitants have easy access to them regardless of how far they live from the market. The Muhtasib must also ensure that the bakers have a stipulated amount of flour from the millers and that their ovens have sufficiently wide chimneys to facilitate the dispersal of the smoke, thus causing no harm to the populace. The bakers must bake a stipulated amount of bread so that there will be enough in the town. Also enjoined upon him is that he keep an eye on the carriers of firewood and water-skins lest their burdens should harm the clothes of passers-by. Likewise, he must order the merchants to sweep the market and keep it clean of dirt. The reference to bakers and flour is interesting in that the Muhtasib's connection with grain and those that deal with it is wellattested during the Fatimid period, and may well indicate a connection during earlier times. One of the main functions of the Muhtasib during the Fatimid caliphate was the exercising of control over bakers and grain merchants-this is no doubt the reason why al-Sayzari stressed this function in his treatise. Grain, and the bread which was made from it, was of crucial importance throughout the Islamic empire both prior and subsequent to the Fatimids. In no place is the utter
143

al-Sayzari,

11.

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dependence of the populace on this commodity more easily seen than in the great efforts of the Fatimid caliphs to ensure an uninterrupted supply. Another illustration of its importance may be readily seen in a perusal of the Geniza records which exhibit a constant pre-occupation with the prices and availability of wheat and bread. Although whenever possible the whole year's supply of grain was bought in one go and stored away, and thus a ready supply was maintained, epidemics, a low Nile affecting agriculture, or perhaps even unscrupulous speculation in the grain market could disrupt the supply. At these times the government was obliged to act quickly and efficiently, and it seems that the Muhtasib was one of its chief agents of control. One of the Muhtasib's general duties was to ensure that no-one hoarded foodstuffs so as to wait for a rise in prices before selling them, or perhaps to create a rise in prices by monopolising a commodity and withholding it from the market:
Hoarding is forbidden, and it is his duty to prevent what is forbidden144.

Ibn al-Uhuwwa also remarks that the Muhtasib must compel the hoarder to sell his stock145. Now, it would appear from the crucial importance of the grain supply for the feeding of the population, and as a corollary, for political stability, that these injunctions against hoarding were intended to apply primarily to grain. This supposition is further corroborated by the many references to the Muhtasib taking action in this field in our records of the Fatimid caliphate. Thus, during one of the not infrequent shortages of grain the Muhtasib Sulayman b. cAzza.
collected all the grain merchants in one place and closed all the roads except for one. The selling only took place there, and no qaddah dry measure) of (a grain came out [of that place] without him learning of it'46.

In this way control was maintained over its distribution. Similarly, he is said to have kept a check on the bakers by keeping an account of their names and the position of their shops in his register'47. At a later date, and in a similar crisis, another Muhtasib attemp-

144 145 146 147

al-Sayzari, 12. Ibn al-Uhuwwa, 65. Itti,2 z, I:122 al-Maqyiza

al-Sayzari, 22.

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ted to apply some control to the selling of grain in Misr by closing some 150 granaries. But his actions had the opposite effect to that intended (which was presumably to ration grain supply) and the offending Muhtasib was summoned to the palace and chastised. Upon this, the granaries were again opened thus freeing the grain stored therein. The Muhtasib then ordered the selling of the grain and the bread at a stipulated price and the situation is said to have improved somewhat. The words of the caliph to the Muhtasib are worth quoting, as it would appear that this corroborates the assertion that one of the Muhtasib's main functions at this time, particularly during times of shortage, and perhaps only at such times, was to ensure the ready supply of grain. The caliph is reported to have said:
You've killed the people through hunger and destroyed the country. It's your responsibility to make the country thrive with bread and wheat until there is another crop'4'.

Also worthy of note is the fact that the Muhtasib is said to have stipulated the price at which the grain was to be sold; something expressly forbidden according to the Hisba treatises. However, that the Muhtasib frequently did fix the prices is testimony to the sometimes theoretical and ideal nature of those treatises which considered the fixing of prices to be the work of God. For example, in 1024 AD, the Muhtasib Baq1 al-Hadim al-Aswad ordered that the price of the huskar (poor quality) should be one dirham for four ratl-s. The response to this was that the millers and bakers (making a mint out of the current shortage) locked their mills and shops thus aggravating the situation even more. The unhappy Baqi was dismissed that same day'49. On the other hand, the bakers were on at least one occasion publicly pilloried for increasing their prices; while the millers were sometimes pressed into doing the bakers' job when this was
necessary'50.

6.2. The Muhtasib's Duties. Religious and Moral By <religious duties)) we mean those aspects of the Muhtasib's jurisdiction which had a more or less direct bearing on the precepts of the Sari-a and Islamic ritual.
148 149 150

al-Maqrtizi, Ittijdz, 2:165.

al-Maqrizi, Itticz, 2:151. al-Musabbihi, 15-16.

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The particularly Islamic or religious nature of the office of IHisba receives more or less stress in the treatises dealing with it. This emphasis is seen to manifest itself in a number of ways. One of the most common of these is the constant resort to Hadit and Qur'anic injunction as the proof-texts from which the foundations of the Muhtasib's activities are derived. Thus, it is alleged not so much that he is charged with such and such a duty because of its tendency to promote well-being, but more because the Qurzdnordered it, or Muhammad was seen to act accordingly himself. The association of IHisbawith a religious ideal achieves its fullest expression in the work of al-Gazal, to the point where the post is not discussed as a governmental position at all, but rather from the point of view of the pious individual who takes upon himself the religious duty of <al-Amrbi-l-Macruif wa) I-Nahy can al-Munkar>). The other treatises, while still placing stress on this religious nature in their initial remarks concerning the Muhtasib's general characteristics, emphasise it much less in their discussion of the responsibilities which he is said to bear. This divergence of stress is probably accountable for with reference to the purpose of the treatises themselves; for whereas those of al-Gazali, and to a large extent, alMawardi, have as their aim the elucidation of the nature of the office, those of al-Sayzari and his successors are in the first place manuals for the Muhtasib's practical use and therefore do not dwell so much on the theoretical aspects. But it is not only with reference to the writings on IHisbathat the conception of the Muhtasib as a primarily religious figure emerges. First and foremost the very title itself Muhtasib is derived from the verb form 'Ihtasaba' which means, among other things, ((to try and gain honour in God's eyes by doing righteous actions>>.Secondly, there is the description of his authority as being to perform the Qur'anic injunction to 'order good and forbid evil'. We have made much of the intimate relationship which appears to have existed between the Multasib and the Islamic Qdaf from the earliest times. Is not the incidence of such a relationship also testimony to the religious character of IHisba?The Qdai is the arbitrator of Islamic Law and the one individual most concerned with the practical application of the Sari-ca.It is probable that one of the shared qualities of the two posts which facilitated such a close association between them was the ostensibly religious foundations of their respective jurisdictions. This is also seen in the use of terms nor-

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mally applied to the judicial procedure of the Qdaf being also applied to the equivalent process of the Muhtasib, as it is in the technical term for the Mu/tasib's punishments-taCzir-a term from the vocabulary of the Sari"fa.Furthermore, the traditional place where the QdziPscourts were held was in the mosque, this was also the case concerning at least the Fatimid Muhtasib, who also held his tribunals in one or other of the two great mosques of the capital151. This identification received official sanction under the Fatimids where, in the classification of duties, Hisba was classed as a religious one (Wa,zFfadzniyyaor hidma dhzjyya)152. a) The Mosque Nowhere are the religious concerns of the Muhtasib so unmistakably seen as in his jurisdiction over the mosques. AlSayzarl notices:
The Muhtasib oversees the mosques and orders their attendants to sweep them every day, to clean them of dirt, to shake their mats free of dust, to wipe their walls and to wash their lamps and light them every evening. He also orders them to close the mosque doors after every prayer, to preserve them from children, lunatics, those who eat food, sleep, engage in business or sell goods in them or sit talking idly about worldly matters to the people in them; for the SarC declared the mosques are above these things and that their perforhas mance in them is hateful153.

This responsibility to ensure the correct maintenance of the mosques and the ordering of seemly behaviour in them is a recurrent theme, found not least in the Fatimid diplomas of appointment. Aside from this, the Muhtasib has also to take care that the particular forms of Muslim worship and ritual purity are adhered to. Connected with this is a function which receives particular emphasis in the various sources, that is, the Muhtasib's concern for the Mu'addin and the correct performance of the call to prayer. Regarding this, al-Sayazri remarks:
No-one shall issue the call to prayer from the minaret unless he is just, trusthworthy, faithful and knows the times of the prayers... .The Muhtasib must examine [the Mu3addin-s] with regard to their knowledge of the times, for whoever does not know he forbids from calling to prayer until he does
151 al-Maqrizi, ijtal, 2:463; al-Qalqasandi, 3:487. The two mosques referred to are those of Ibn Tiilun and CAmrb. al-'As. 152 See, for example, al-Qalqasandi, 11:68; Ibn lIualdiin1:462-3. 153 al-Sayzari, 110. See also .<AZaidi Manual)), 15-16.

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R. P. BUCKLEY know; because he might give the call to prayer at the wrong time and the people will hear him and pray before the [proper] time, thus rendering their prayer inadmissible .... It is desirable for the Mu'addinto be a youth with 154 a good voice'.

Bearing in mind the attention paid to the Mu'addin it is perhaps not unlikely that we should come across one or two accounts of the Muhtasib's dealing with him in the historical sources, as opposed to the theoretical works on IHisba. There are, in fact, two separate incidents described. The first concerns a certain Abudl-Qasim alGuhni, about whom there is next to no information but who may be inferred from associated references to have been a Muhtasib during the time of the first Buwayhid AmFrMu'izz al-Dawla. The account relates that Abfi l-Qasim chastised a Mu'addin and made him swear on oath that he would not enter the mosque while wearing shoes which he has worn to the toilet, nor to remain in the mosque or give the summons to prayer while he was in a state of major ritual impurity'55. The second report is from the same general source and concerns an unknown and unnamed Muhtasib, probably also active during the Buwayhid Amirate. The narrator says that:
I heard some of our Sayh-stelling a story about a man, a Mu'addin,who fell out with a Muhtasib.The Muhtasib summoned him and the Mu'addinasked: <What is between us that necessitates your summoning me?))The Muhtasib replied: -I want you to inform me of the times of prayer. If you know about them, all well and good; but if you don't then I won't allow you to call to prayer among the people on any other but the correct time)). He found him unable to do that so he prohibited him from it156.

Among the other personnel of the mosque is the Qur'an reciter, regarding which:

al-Sayzari, 110. See also ((A Zaidi Manual,, 16; al-Gazall, 294. Tanilhl, 2:108. This must be the same story which al-Mawardi refers to in a vague fashion. While talking about the Muhtasib's duty only to chastise for what is clearly at fault, he remarks: He doesn't punish on the basis of insinuations or suspicions as was the case in what was related about a Muhtasib: that he asked a man who entering the mosque with two shoes: ((Are you taking them into the House His Holiness?) When the man denied this he wanted to make him swear an oath to that effect. This is a stupidity from he who does it. Likewise, if he suspects that a man is neglecting to cleanse himself from the major ritual impurity. (alMawardi, 214).
155

154

156

Tanjihi, 2:293.

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The Muhtasib must order the Qur'an reciters (Ahlal-Qur3dn)to recite in it the correct manner as God ordered, and forbid them from reciting it like music and with musical voices, as songs or poetry. The Sar' has forbidden this157.

The Muhtasib was also obliged to ensure the correct performance of the prayer'58.

b) Dimmi-s Another major feature of the Muhtasib's responsibilities which comes under the general heading of religious duties was the enforcement of those discriminatory measures which ensured the differentiation between Muslim and non-Muslim. Most of the Hisba treatises deal with this. It is probable, however, that as was the case with others of the Muhtasib's functions, this one varied much according to place and time, and cannot have been performed throughout the Muhtasib's history with the same amount of conscientiousness and zeal as the treatises would have us believe. Among the measures which the Muhtasib was said to enforce was the wearing of the Zunnar'59 and the Giyar 60, and to prohibit the Christian from wearing a cross161. He was also authorised to prohibit the Christians from erecting their buildings higher than those of their Muslim neighbours'62 and from carrying swords or other weapons'63. It is evident that many of these discriminatory measures were, however, not at first in existence because the non-Muslim populaal-Sayzari, 212-3. See, <A Zaidi Manual)), 16 and 20-1; al-Mawardi, 214 and 221; al-Gazalf, 294. For an example of such an injunction in the Fatimid diplomas, see alQalqasandi, 11:21 1. 159 This was a distinguishing mark of the Jew or Christian - a belt, girdle or sash. 160 Meaning ((distinction)) - a term denoting a compulsory distinctive mark in the dress of a Dimml. It is described as a ((piece of cloth, a patch of stipulated colour (red, blue or yellow) placed over the shoulder. Sometimes it is also taken to mean the kind of dress distinction imposed upon the Ahl al-Dimma, and sometimes the garment itself. The Zunna-ris occasionally put under the heading <<Giya-r>.See ((giyar,>> E.I new ed. For an example of such injunctions see al-Sahib b. 'Abbad, 41. 161 See, fcr example, al-Gazali, 290, where it is also stated that the Muhtasib may break any cross thus revealed. 162 al-Mawardi, 221. 163 al-Sayzari, 107.
157 158

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tions dressed differently from the Arab Muslims anyway and would not need to be forced to wear distinctive clothing. Not only this, but there are numerous examples of the Dimmi-sapparently contravening such stipulations in earlier times: such as the Christian poet alAhtal (d. 714 AD) who wore silk (a forbidden material) with a gold cross around his neck and rode to the gate of a mosque on a horse (Qimmf-swere later proscribed from riding horses). Similarly, the Muhtasibis enjoined to order the Dimmi not to reveal wine164,but once again there is much evidence that this was common in at least the first century of Islam. Finally, it seems that the stipulations against the Ahl al-dimma continually differed as to detail and were never consistently followed for any length of time. It has been remarked that <<it even is doubtful whether there was any real desire to apply them outside Baghdad and the great Islamic centres" 65. The Muhtasib also empowered to collect the gizya, or poll-tax, was from the Dimmi. This payment of a poll-tax was probably the only universally applicable and essential discriminatorymeasure against the non-Muslim minorities. The source of the institution may be found in the Qur'dn:
Fight against such of those to whom the Scriptures were given as believe neither in Allah nor the Last Day, who do not forbid what Alldh and His Apostle have forbidden, and do not embrace the true faith, until they pay tribute out of hand and are utterly subdued. (9:27 ff.)

The poll-tax was the material proof of the Dimmi's subjection; is accordingly the Muhtasib instructed to stand in front of him, strike him on the neck with his hand and say: ((Paythe gvzya,Oh Kdfir!>>; and the Dimmi is to give it to him with humility'66. Whatever the case may have been under previous regimes, there is ample evidence that at least under certain of the Fatimid caliphs
al-Mawardi, 216. ((Dhimma,), E.I new ed. 166 al-Sayzari, 107. An interesting parallel here is the report of al-S 'ib b. Yazid, an CAmil al-Sziq for cUmar b. al-Hattab, which quotes him as saying: <I was an CAmilal-Siiq in Medina.... we used to take the cusr from the Nabateans,, [Ibn Sallam, 533] thus indicating that the early CAmil al-Suiqhad some connection with the collection of taxes from the non-Muslim population. It is not known what this tax refers to but it could perhaps be identified with the taxes which cUmar is credited with establishing on certain trades; in this case may be the trade in which the Nabateans were principally employed.
165 164

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such discriminatory measures were enforced. This is particularly true during the reign of al-Hakim bi-Amr Allah (reg. 996-1021 AD). It has been remarked that (<oneof the most significant features of al-Hakim's policy was his hostile attitude towards de Dimmi-s'67. As an example we may quote the following account, which relates that in the year 1013 AD:
The Christians were ordered to wear black turbans and black taylasdn-s (a shawl-like garment). And to hang wooden crosses around their necks, and that their saddle stirrups should be wooden; none of them must ride a horse but rather they should ride only mules and donkeys; nor to ride with embellished saddles and bridles, and that these should be with black belts. And that they should tie the Zunndr around their waist, and not employ a Muslim, nor buy a slave girl....the situation became harder for them and a number of Christian scribes and others embraced Islam'68.

It is noteworthy that here the Christians are positively ordered to wear a wooden cross around their necks, whereas a IHisbatreatise such as that of al-Gazall counts this as illegal-a circumstance which once again illustrates the temporary nature of many of the Muhtasib's duties. c. MiscellaneousProhibitions Among other prohibitions and injunctions which may be classed as predominantly religious in nature mention might also be made of the following: The Muhtasib was enjoined to enforce the ruling of the Sari-laconcerning the censure of singing and of musical instruments169. This was similarly the case during at least part of the Fatimid period as is testified by a proclamation announcing that <<singingand games wre forbidden)>I70.One point of some interest and dispute which the Hisba treatises took up was the permissibility of the Muhtasib's breaking of the musical instruments which he comes across. Thus, al-Mawardi states:
As for openly displaying forbidden musical instruments; it is the Muhtasib's duty to break them into pieces of wood so that they no longer resemble their former shapes according to the regulation. He also chastises anyone who

167
168

169 170

Sadik A. Assaad, The Reignof al-Hdkimbi AmrAllah (Beirut, 1974) 93. al-Maqrizi, IttiCdz 2:93-4. See, ((A Zaidi Manual-, 17 and 19; al-Mawardi, 217; al-Gaz1ll, 290, 296. al-Maqrizi, Ittic', 2:87.

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displays them. But he does not break them if their wood is suitable for anything other than musical instruments171.

The Muhtasib also had to censure the drinking of alcohol. One again, the IHisba treatises describe the pros and cons of the Muhtasib's breaking of the wine jars and his pouring away of the offending liquour'72. Other activities include the prevention of gambling'73, the chastising of the woman who violates her waiting-period (Cidda)174, and the rebuking of anyone who formulates interpretations contrary to the Qur'dn's obvious meaning'75. One more example may be mentioned, which also conveniently serves to indicate the often strong relationship between specific duties imposed on the Muhtasib and the time and place. AlMawardi remarks that under certain circumstances the Mu,htasibis responsible for the collection of the Zakdt and the Sadaqdt'76.Now, it is well known that al-Mawardi composed his treatise al-AhkdmalSultdniyyaunder the Buwayhids. Thus it may be noted that while alMawardi is the only writer to mention this duty, the only other allusion to it occurs in a diploma from the Abbasid caliph to the Buwayhid Amir Fahr al-Dawla giving him jurisdiction in the Of Sadaqdt177. course, Fahr al-Dawla was not expected to make the rounds in person but rather to appoint a nominee-in this case the Muhtasib. d) The Sexes Leaving aside further examples of the Muhtasib's religious role we may now proceed to examine his sphere of jurisdiction as a censor of public morals. This feature of his duties was, of course, conal-Mawardi, 217. See, for example, al-Mawardi, 216-7; al-Gazal1, 290-1. 173 For evidence of this during the Fatimid period see al-Maqriz1, Hitat 1:266 where it is related that on the day called "IHamlsal-'Adas>>, which was a festival day during which the Christians, among other things, cooked sieved lentils (CAdas) and made multi-coloured eggs in al-Qahira's suiq, the slaves, riff-faff and youths would gamble with the eggs. So someone was sometimes delegated by the Muhtasib
171 172

to prevent them. 174 See, for example, al-Mawardi, 175 See, for example, al-Mawardi, 176 al-Mdwardi, 214.
177

213. 215.

al-Qalqasandi, 10:15.

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cerned particularly with the public relations between the sexes; thus the majority of cases which may be put under this heading deal with this. It is stated, for example, that the bakers' youths and errand boys must be immature because they enter peoples' houses and meet their womenfolk'78. Similarly, the Muhtasib must forbid the cotton teasers from talking with the women and from giving them a seat by the doors of their shops while they wait for the teasing to be completed'79; the same applies to any merchant whose trade brings him into contact with the fairer sex'80. The sexes are to be kept strictly segregated: The Muhtasib must examinethe placesin whichthe womengather,like the the yarnmarket, banksof the river,the doorsof thewomen'sbathsandother to places,for if he sees a youthalonewitha woman,not speaking her about a businesstransaction buyingand sellingand lookingat her, he chastises of him and forbidshim from standingthere-for many disreputable youths stand in these places, and they have no need to apart from to tease the women....And he mustexaminethe preacher's assemblies not allowthe and men to mix with the women,but ratherput a screenbetweenthem. When the assembly breaksup the men departand mustgo on theirroad;then the women depart and go on anotherroad. Whicheveryouth stands in the women'sroadwithoutneed must be chastisedby the Muhtasib18. e) Baths The Muhtasib was enjoined to extend his control over the public baths (hammam). This was one of the most obvious arenas for immoral behaviour, not least because of the absolute prevalence of such amenities. Indeed, public baths were one of the most conspicuous aspects of social life. Al-Bagdadl tried to achieve a demographic study of Baghdad by enumerating the number of baths there from the third to the fifth century AH. His count varied from sixty-six thousand in the time of al-Muwaffaq (reg. 870-91 AD), through a steady decline until the Amirate of the Buwayhid Baha' al-Dawla (reg. 989-1012 AD) in which he enumerated three thousand; while Yatquibi (d.897 AD) informs us that there were some ten thousand public baths in existence in Baghdad not long after its foundation. Even allowing for a good deal of exaggeration,
al-Sayzari, 24. al-Sayzari, 69. 180 al-Mawardi, 222. 181 109-10. See also, <A Zaidi Manuab,, 17-8; al-Mawardi, 222; alal-Sayzari, Gazall, 285.
178 179

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and any possible confusion between private baths and public ones, there still must have been an enormous number. This abundance is understandable in the light of the baths' importance to the community, where they were used for achieving ritual purification and for fulfilling the laws of general hygiene as well as serving as one of the few means of social recreation. The life of the community revolved around them. The majority were mixed baths for men and women; men being admitted on one day while women used the facilities on the next. Some, however, were set aside for the exclusive use of women. These places of public utility and recreation were naturally open to all manner of evils, mostly of an immoral nature, and the protection of general decency in them included such things as the proscribing of the <<disclosingof genitals>) as well as the gazing upon them once disclosed. Al-Gazali draws our attention to yet another indiscretion to watch out for:
The leaving of a slippery soap on the floor of the bath is an evil. Whoever does this and then departs leaving it in a place where it isn't visible so that it is difficult to avoid it, and then a person slips on it and breaks a limb-then the responsibility is shared between the one who left it and the bath attendant, for it is the latter's duty to clean the bath'82.

The general situation regarding baths was similar throughout the whole of the Islamic Empire-and, of course, also during the Fatimid period. In 1005 AD during the reign of al-Hakim a public order was issued that no one should enter the bath without a cover. This was proclaimed in the streets to the accompaniment of bells 83. Some time later, and thanks to a watch being put on the baths (by the Multasib's assistants?), a group of persons were apprehended for appearing without a cover and were beaten and publicly pilloried'84. After a further proclamation in 1009 AD the same scene was again repeated, the offending party once again meeting the same fate'85. Whether the same persons were involved, the source neglects to inform us. There is no mention of the Muhtasib having taken part in these proceedings, but bearing in mind al-Hakim's desire, or obsession,

182 183 184 185

al-Gazdll, 297. al-Maqrizi, IttiC4z, 2:54. al-Maqrizi, IttiCz, 2:54. al-Maqrizi, Itticz, 2:76.

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for the execution of Hisba, the official must have had some part to play. 7. Punitive Measures The Muhtasib was empowered to detect crimes and to inflict a suitable punishment. Generally speaking, the IHisba manuals instruct him to make the severity of his punishment correspond to that of the transgression. In conformity with the usually lower status afforded to the Muhtasib vis-'a-vis the Qddi, he had no jurisdiction in those crimes which were punishable with the hadd penalties; the type of penalty he was entitled to administer being called taCzzr. This was a discretionary punishment which was inflicted for transgressions for which there was no prescribed hadd. In theory, however, once the Qdaf had exercised his judicial prerogative and had reached a decision concerning a particular case, the Muhtasib was empowered to put that decision into effect on the Qddis behalf. Thus, al-Maward1 states that if a case is in need of Igtihddthen the Qdafexamines it, and the Muhtasib may then carry out the Qdaifs judgement concerning it. For example, the Muhtasib may not impose the amount of maintenance (nafaqa) upon a man for his divorced wife, but once the Qdaf has decreed its payment the Muhtasib is permitted to ensure that it is paid'86. Similarly, Ibn al-Uhuwwa remarks that the Muhtasib may enforce the repayment of debts as long as the fact of debt has already been established'87. Also doubtlessly coming under this heading are two miscellaneous penalties which al-Sayzari maintains the Muhtasib may carry out: in cases of pederasty he takes the criminal and throws him from the highest place in town, but only after the offence has been proved in the presence of the Imam'88; and secondly, he may take control of the lapidation of offenders. This latter punishment is, of course, a hadd. Al-Sayzari remarks that if the adulterer is one who has concluded and consumated a valid marriage (muhsan) then the Muhtasib collects the people around him outside the town and order them to stone him. If, on the other hand, the adulterer is a woman (muhsana)then he digs a hole for her
186 187 188

al-Mdwardi, 213. Ibn al-Uhuwwa, 26. al-Sayzari, 109.

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and puts her in it up to her waist before ordering the people to stone
her'89.

The principal instruments of inflicting punishment were the dirra and the turtuir. The dirrawas a particular kind of whip, described as being of
middle thickness, not thick and hard nor thin and soft, so that it doesn't cause fears no danger from it. [undue] pain to the body and so that [the Muhtasib] The dirramust be made of cow or camel skin filled with date stones'90.

As well as the dirra the Muhtasib is also credited with having had an ordinary whip at his disposal191. Al-Sayzari informs us of the Muhtasib's method of administering the lashes concerning someone convicted of drinking alcohol:
The Muhtasibstrips him of his clothes, then lifts the arm holding the whip until the whiteness of the armpit is revealed. Then he distributes the strokes on his shoulders, buttocks and thighs'92.

He adds that if the offender is a woman she is whipped while still clothed. There are many incidents of the Muhtasib administering beatings in the Fatimid sources. It is stated, for example, that a cerain Dawwas b.Yacquib the Muhtasib went into Misr in 1024 AD along with his men and helpers and summoning the carriers of wheat and the brokers ((beat some of them with the dirra and threatened them))'93. Again, a further report of the same year says that the Muhtasib ((beat a group of bakers severely because he found their scales for ratl-s giving short weight and their weights with which they weight dirham-s made heavier>0 94. In the hands of cruel Muhtasib-s this punishment could occasionally prove much harsher than it was intended to be, as in the following instance which took place not in Egypt but in Damascus during a period of Fatimid control of Syria. It is perhaps not surprising that this incident occurred under the notorious caliph alHakim. In 1015 AD, the Muhtasib Ibrahim b. CAbd Allah died; a
al-Sayzari, 108-9. al-Sayzarl, 108. CUmarb. al-Hattab, who is sometimes credited with having undertaken Hisba, is also reported to have struck someone with a dirra;see alMawardb 215. 191 al-Sayzari, 10; Ibn al-Ukhuwwa, 184. 192 al-Sayzari, 108. 193 al-Musabbihi, 74. 194 al-Musabbihi, 72.
189

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man noted for his energetic enforcement of his responsibilities. One day he chastised a man; and when he beat him with a dirrathe man said:
<<That on the back of Abui Bakr's head>>. was When he struck him again he said: <<That was on the back of cUmar's head>).When he struck him again and he said: <(Thatwas on the back of cUtman's head)). Then he struk him again and the man fell silent. [The Muhtasib] said to him: ((Youdon't know the order of the Companions. I will teach them to you; and the best of them are the people of Badr. Let me beat you their number)).So he beat him three hundred and sixteen dirrastrokes. Then the man was carried away from him and died a few days later'95.

The conclusion was that when al-Hakim heard about this he sent the Muhtasiba message thanking him and saying: ((Such is the reward of he who disparages the pious ancestors)>.
As for the turtur, this was a high conical cap which
must be made of felt variegated with pieces of coloured cloth, adorned with a wreath of onyx, sea shells and bells, and with tails of foxes and cats'96.

This cap was worn by the convicted man to add further humiliation to his public pillory. Al-Sayzarl notes that the guilty ride a camel or a donkey while wearing it. Ibn al-Uhuwwa, commenting on this, remarks that it was common for the culprit to ride
backwards on the animal'97. Public pillory was, indeed, a very common form of chastisement, with or without the dirra and the turtur. The following report, however, contains all three elements as well as others of a more bizarre nature:
There was in Misr an elderly man known as al-Abzarl, and one of his habits was that if a iarigite came out in rebellion he would dye a large turtuir with coloured dyes and hang different kinds of coloured rags on it. Then he would buy a monkey and teach it to whip the turtuir with a dirrawhich he acquired for it. If [the caliph al-Hakim] seized the Harigite and wanted to have him publicly reviled he put him on a camel and summoned al-Abzari. Then he ordered him to put the turtuir [the rebel] and to place the monkey behind on him beating him with the dirra.Al-Abzari would then ride with him on the camel and shout to the right and to the left so that people would look at [the
spectacle]198

195

Ibn Tagribirdl, al-Nu,u-m al-Zdhira Mulik Misr wa l-Qdhira (Cairo, 19--?) Ji

4:236. al-Sayzari, 108. Ibn al-Ubuwwa, 194. He also notes that there was traditional support for such a punishment. I have been unable to trace earlier examples of this. 198 Gamal al-Din (Ali b. Zafir, 47. The main elements of this story are also contained in an account by Ibn Tagribirdi, 4:216-17. The rebel is named as Abiu Rakwa.
196 197

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There is a similar but much later account (1127 AD) containing many of the above elements, with the addition of ((torch-bearers in the guise of angels>>'99. There are also reports which clearly indicate that the Muhtasib resorted to such penalties, although perhaps not with the same degree of sophistication200. Aside from all this, and intended to obviate the need for it, the Muhtasib was generally enjoined to intimidate those whom he suspected might commit a crime. For this reason the dirra and the turtu-rshould hang from the Muhtasib's bench (dikka) in the market place, so as to act as a deterrent to any potential miscreants201. This intimidation extended not only to those who looked as if they were about to commit a crime, but also to those who were simply in an advantageous position to do so. Thus, as regards the apothecaries, whose swindles and deceits were impossible for the Muhtasib to be fully aware of and which were considered to be the most pernicious to mankind, the Muhtasib is instructed to ((frighten them, caution them, and warn them of the punishment and the ta zir**202. Indeed, one of the was justifications for the use of the dirraand the turtu-r that they were <<morefrightening to the people, and more awe-inspring>>203.AlGazali, speaking on the subject of warnings and threats, cites a suitable admonition which he commends to the Muhtasib:
Stop that, for if you don't I'll break your head and cut it offl20'

- although he does admit that there is a justifiable amount of hyperbole involved. Among other punitive measures open to the Muhtasib which are

199 al-Maqrizi, Itticz, 3:119. For further examples, among others see Ibn Tagribirdi, 5:6-7; and, in Baghdad under the Abbasid caliph al-Mustansir, see alMaqrizi, Itticz, 2:254. 200 See, for example, al-Musabbihi, 78, where, in the year 1024 AD a Muhtasib of Misr beats a dishonest merchant and takes him around the town on a camel; also, al-Musabbihi, 14, where the Muhtasib beats a group of bakers and flourmerchants and pillories them. See also al-Maqrizi, Itticaz, 1:120, where in the year 970 AD the Fatimid Muhtasib beats twenty one millers and parades them around the town. 201 al-Sayzari, 109. 202 al-Sayzari, 42. 203 al-Sayzari, 10. 204 al-Gazali, 2:291.

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mentioned in the .Hisbatreatises are banishments from the market, imprisonment and the seizure or destruction of forbidden articles. Although these receive some corroborationin the historical sources, there is nothing to indicate that they were anything more than of limited occurrence. 8. Assistants It will be obvious from the foregoing discussion concerning the nature and jurisdiction of the Muhtasib that he cannot have undertaken even a small part of his duties without the aid of assistants. We now turn to an examination of the nature of these helpers, their titles and their various roles. Not only did the range of the Muhtasib's duties necessitate outside help, but also the extent of his field of operation. The majority of these duties were, of course, confined to the interior of the market205.Nevertheless, it is also clear that some of his responsibilities must also have taken him out of the confines of the market place. These would include his control of the mosques and public baths as well as the maintenance of free passage on the roads. The characteristic concern of the Muhtasibwith weights and measures and with fair dealing positively ensured that he extended his authority throughout the town in general. As al-Sayzari remarks:
The Muhtasib must examine the owners of the isolated shops in the quarters and on the roads outside the market; and check their goods and scales every week206.

Even if it were the case that the Muhtasib'sactivities were totally confined to the workings of the market place this would still ensure that he occasionally had a massive area to control: the Muhtasib Ibrahim b. Bata (864-943 AD) is reported to have been the <holder of the office of IHisbaon both sides of the river at Baghdad))207, which indicates that his authority extended to the two extensive markets on either side of the Tigris. Similarly, large markets also

205 This may be seen in that the Abbasid Wazir 'All b. (Isa (from 913 to 917 AD) is reported to have punished a Muhtasib because he spent much of his time sitting at home rather than doing his rounds in the market. See Ibn al-Uhuwwa, 219. 206 al-?ayzarf, 60. 207 al-Mawardi, 222.

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came under the jurisdiction of individual Muhtasib-s in places such as Wasit, Kuifa and Basra. Likewise, during the Fatimid period we hear of a single Muhtasib being appointed to Misr, al-Qahira and al-Gazira simultaneously208. Another report, actually mentioning the Muhtasib's helpers, states that the Muhtasib has ((a number of representatives -thus in al-Qahira, Misr and the rest of the provinces>>209 indicating a sphere of influence much wider than the capital city itself. Perhaps the situation in Egypt under the Fatimid regime corresponded to that existing under the Mamluks when there were only three Muhtasib-s in the whole country at any one time: the Muhtasib of al-Qahira who had authority over all of Lower Egypt apart from Alexandria, the Muhtasib of Alexandria, and the Muhtasib of Fustat/Misr whose jurisdiction included all of Upper
Egypt210.

All of which only further illustrates the absolute necessity of employing deputies and assistants. Indeed, the fact that the Muhtasib may employ helpers is considered by the IHisbamanuals as being one of the characteristics which distinguish his office from that of the ordinary Muslim who undertakes Hisba unofficially and on his own behalf. The Muhtasib was empowered to appoint his own assistants, who appear under a variety of names: Amin (Trustworthy), 'Awn (Helper), Gilma-n(Youth), 'Ayn (Scout) and Rasutl(Messenger). It is, however, possible to distinguish two main types of assistant, each with his own particular status and functions. The first of these was known by any of the above titles; if he had any one official name this cannot be elicited, as each source will use a selection of them interchangeably. These would patrol the roads and the markets looking out for any misdemeanor or contravention, and upon discovering anything would presumably be expected to report back to the Muhtasib. No mention is made of their being permitted to exact punitive measures at their own discretion, but no doubt they could be expected to put an errant merchant in his place if circumstances so dictated. In this, the Muhtasib may be seen as acting
208 al-Maqrizi, IttiCez, 2:91. Al-Gazira was the Gazirat al-Rawda where there was both a large market and which was the site of the oldest dock in Cairo. 209 al-Maqrlzi, Itti'z, 3:342. 210 al-Qalqasandi, 4:37.

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more as a director and ultimate arbitrator than in any other capacity. He can have been little else with such a wide jurisdiction. Thus, the Muhtasib was forced to rely heavily upon the word of his assistants that some offence had been committed, particularly in those circumstances where no tell-tale evidence remained. For this reason the sources are very careful to stress that the helpers must be of a high moral character and trustworthy (hence the name Amzn). This was an important consideration also in that the position of these assistants naturally lent itself to bribery; an unscrupulous merchant offering a sum for silence. Al-Sayzari remarks that the Muhtasib must dismiss them if they take a bribe or are even accused of anything similar. It was important that they should be unimpeachable as they were in a position of considerable trust and the Muhtasib had to maintain public confidence in his administration. The second type of assistant was known as the cArff (<he who knows>>)and had a particular function to carry out distinct from that of the ordinary helper. For whereas the ordinary helper was concerned with the generality of things, the cArtf was specifically appointed to control and inform on the various crafts and trades. Before proceeding with a fuller description of the Muhtasib's cArtf it is worth noting in passing that the individual who held this title was not always related to the Muhtasib and that he fulfilled several quite independent functions prior to the latter's appearance. During the time of the Medinan caliphate and some of the subsequent Umayyad regime, he was often employed as a collector of taxes from the tribes; while in connection with the military organisation of the amsdr he was the individual said to have been in charge of the units of the Ku-fan army (cirafd). Similarly, among the responsibilities of the holder of this title was concern for the interests of orphans and illegitimate children. An cArff of the Dimmt-s is also mentioned, as well as one in connection with the Qdad.More pertinent to the present discussions, at least one report prior to the appearance of the Muhtasib mentions the CArtf being as specifically connected with the market: in a somewhat unclear hadit an cArtfal-Suiq stated as being connected with the chicken market, is while another seems to have had some authority in the cat market

(!) (suq
211

211. al-sana-nir)

Waki', 2:347.

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This multiplicity of uses to which the title was put did not cease with the appearance of the Muhtasib. In particular, the cArffappears to have been an assistant of other government delegates in general. At a somewhat later time than that of which we write he was associated with the head of trade guilds. Notwithstanding the ambiguities of this title, we may return to the Arff who acted under the Muhtasib's directions. Al-Sayzar outlines the relationship between them:
When the Muhtasib cannot understand all the doings of the market then he is permitted to appoint an cArtffor the people of each trade, from the virtuous of that trade; one who is experienced in their craft, understanding their swindlings and their deceits; who is well known for trustworthiness and honesty, who will be an overseer of their affairs and who will acquaint [the Muhtasib] with those affairs212.

Thus, the CArffwas one who was in a position to be aware of and detect the various devices and ruses by the tradesmen to swindle their customers; information which would by its very nature be beyond the knowledge of any but those specifically involved with the trade in question. Al-Sayzari mentions nine professions which had CArff-sattached: the Butchers, Fish-Fryers, Harisa-Makers, Sausage-Makers, Confectioners, Perfumers, Weavers, Dyers and Surgeons. Concerning the Sausage-makers for example:
They are not to mix the onions, spices and seasoning with the meat unless the CArtfis present; so that he can know their amounts by weight213;

and the Harisa-makers:

The CArffmust be present when they put [the mixture] into the cookingpot.... [the Muhtasib then puts his seal on the pot]... .and before daybreak the cArff comes and breaks the seal and they pound the cooked meat and flour into a paste in the cArtfs presence214.

Although al-Sayzari only mentions the above nine trades as having an 'Arzfthis need not be taken to indicate that they were the only trades thus controlled. During the Fatimid era the distinction between the ordinary helper and the 'Arff conforms with information gathered from the historical sources. It is clear though, that following our remarks concerning the predominantly honorary status of the Muhtasib
212 213 214

al-Sayzari, 12. al-Sayzari, 38. al-Sayzari, 36.

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during this time, the assistants must if anything have been yet more important and active. The following extract well illustrates this point, for while the Muhtasib is mentioned as holding session in the two mosques all the responsibilities for detection and supervision are placed upon others. The Muhtasib
may employ deputies representing him (Nuwwdb)in all the regions of the State, like the representativesof the government. He sits in the two mosques of al-Qahira and Misr every other day. His deputies go around the tradesmen and merchants, and he orders them to put a stamp on the cooking pots of the Harfsa-makers and to inspect their meat and to be acquainted with the butchers and the cooks. They must keep an eye on the public highways and forbid any nuisance upon them, and must make the owners of ships not carry more than a safe load; likewise concerning those who transport goods on animals. They must order the water-carriers to cover their skin vessels with cloth. They have a gauge which measures twenty-four buckets, each one being equal to forty rail. They must order [the water-carriers] to wear the short trousers which keeps their genitals covered and which are blue [i.e. the short trousers]. They must warn the school teachers not to beat the children violently nor on a vital part of the body. Similarly, the swimming instructors must be warned not to expose people's children to danger. And they must become acquainted with those whose behaviour is evil and forbid with deterrent and chastisement. They must inspect the weights and measures215.

Instead of the terms quoted above for the assistants, in the Fatimid period it would appear that these were largely superceded, and most historical sources use the term N1Pib (plural: Nuwwdb Representative, Deputy). Occasionally we find the more anonymous titles of Rig'al (Men), SaCdiyya(Assistants) and CAwn (Helper)216. As before, the Fatimid Muhtasib was empowered to appoint his deputies as he saw fit, and was similarly enjoined not to be satisfied with any but he who did his job proficiently and effectively. He was also authorised to pay his deputies himself, being credited with the doubt from the Public Treasury217. money thus disimbursed-no This, however, was only on condition that he could furnish living proof of having actually hired somebody to work for him, and thus was not attempting to receive reimbursement for bogus employees.
1:463-4. al-Maqrizi, Uilata, al-Maqrizi, Ittizadz,3:342. 217 al-Qalqasandi, 11:21,5. This evidence comes from a single diploma from the Fatimid period. It would seem to contradict the conclusion of Goitein, who, writing of this general period, remarks that lower officials who came into contact with the general public ,apparently didn't receive any fixed salary from the office employing them. Instead they were renumerated with a small gratuity for each service rendered by the persons concerned-. See Goitein, 2:358.
215 216

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Interestingly, a passage in al-Maqrizi states that in 993 AD a proclamation was read out saying that the correct stamp should not be removed from the scales and the ratl-s, and that
the assistants of the Muhtasibshould not take anything from anybody218.

This could refer to bribe-taking, or to the collection of a IHisba tax, the mukuis (sing. maks). Under the Fatimids taxes were imposed on every kind of business; each store having to be in possession of a licence for which monthly dues were collected. As well as businesses, just about every article bought and sold, every trade and occupation, were also taxed. These taxes were called mukuzs. Later, under the Mamluks, the tax for the licencing of a business was known as Hisba, and was a payment to the Muhtasib. It would seem plausible that this later IHisbatax was in fact identical to the Fatimid mkuks, in which case the above report could be taken as an example of the caliph rescinding certain taxes; something which he occasionally found politically expedient to do. This suggestion is substantiated by another report which declares that in 1013 AD the mukuzs al-Hisba was abolished219. As for the 'Arff, he is still much in evidence and once again is to be distinguished from the Muhtasib's more run-of-the-mill helpers. It is stated that:
In every suq in Misr and over all the craftsmen there was an cArff who took control of their affairs220.

The Argf is, once again, primarily employed to inform the Muhtasib of that which the latter cannot be expected to know by virtue of its technicalities. There is an interesting and informative anecdote concerning such an 'Arff, who had jurisdiction over the bakers and who himself owned a breadshop. It would appear that he became somewhat angry because the price of his bread was being undercut by a competitor. So, using his influence, he put ((two Helpers (CAwnayn) from the Hisba>> charge of the man and they fined him a number of in dirham-s. This coincided with the Qdai al-Quddt's visit to the mosque. The accused man asked him to intercede on his behalf so the Qdaf summoned the Muhtasib and disapproved of what he had
218

219
220

al-Maqrizi, Ittijz, 1:277. al-Maqrizi, IttiCdz, 2:96. al-Maqrizi, IttiCe4, 2:224.

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done. The Muhtasib defended himself by saying that the cArff had been responsible for it all and that he himself had nothing to do with it. At this, the Qda al-Quidt ordered the dismissal of the offending CArffand decreed that he should be fined the same amount as he had unjustly taken from his competitor221.
221

al-Maqrizi, IttiCdz, 2:225.