12. Aith Waryaghar : Political and Jural Systems
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Dec 17, 2024
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About This Presentation
12e hoofdstuk van het etnografische boek van David Montgomery Hart over de Riffiijnse Aith waryaghar-stam
Slide Content
11. THE POLITICAL
ih Waryagha society is characterized by irc
[highly competitive egalitarianism, competitive in
60 a sense in that almost every member of iis
| LOW-CLASS SPECIALISTS AND SOCIAL
E ‘STRATIFICATION
7 A highland Aith Waryaghar parable very net,
GA in some ways falsely, posits a “hierarchy.
[such it can be called, in e social stration
Various low-cas! occupational groups inthe
“The translate prover rune as follows:
‘When Jow dvs inthe community
ot che ler ture Him
Pte marke eher bares im
E When te weiber diet
PU butcher bars hi.
‘Win he bute de
ne Dean ures him
“When te lacio des
The mcm uns a
When the
A
shen lineage] buries him.
San Ai de
res of soll satiation in Waryaghartand and
din he it ingenerl. First, it clear enumerates
hose individuals, most of whom ae lo denied
eme of osepatonl groups, who are beyond
i Sua Ta
AND JURAL SYSTEMS
gradins order of burial as expressed inthe parable
however, by no means tobe construed as absolute
‘trig althoughits certainly tue hat he dew (udhal)
de oF was atthe bottom of the Rita social der
And that the market entrance fee collector, pety
‘ficial who only came in wih the protectorate.
considered only very slightly betr (his designation,
‘Tashshar, derives from the fact thatthe colector
Originally received once ofthe profit rom sles
‘mae by each person who entered the marke),
There is one minor emission from the It, the
barra or market ever however, the weigher (ax.
issu and the eier are usually one and the same
person, Who may also be à musician or amdhyat and
‘io is nominate by the councl members 0 perfor
this dry, There another, rather more serious omnis
Sion from the lit the Negro smash, black), With
him the east of despised characters is now complete,
and we may now look somewhat mor easy a each
‘of em, sta the oes of Jeu and Negros oth
‘of whom speak Bilin) in Aith Waryagbar socio
And then at those of the practitioners ofthe low-clss
‘ceupations, whe pose in some ways a more complex
Problem.
Jews
The subject of Jews in Warÿagharand and in the
Rif in general s now entirely of historia interest
and can be spoken of inthe past tens, for none
ar let there now. By about 199-1960 those who
Bu previously ved in the plain n Aj, Imc,
and Ath Musa w-Amar (Where thee cemetery Was
Tecate) hd ll eft the comiry eter to take up
residence in Mel or Spain or to emigrate to Ira,
The nearest synagogue, al Torres de Alal in the
Bri Bu Frah, was abo completely desrted—indecd
the whole bide town of Torres de Alca, when 1
visited ein 1965, was a ghost town, andthe whole
enter of gravity had site a feu kilometers inland
tothe Thursday market ofthe Bol Bu Pra, But in
Spanish times, in 1953-1955; there were some five
Jewish families al elementry or nuclear in character)
located in northern Waryagharand, and two mare at
the Monday marke of the Ath Hadi
em
ih Waryagha society is characterized by irc
[highly competitive egalitarianism, competitive in
60 a sense in that almost every member of iis
| LOW-CLASS SPECIALISTS AND SOCIAL
E ‘STRATIFICATION
7 A highland Aith Waryaghar parable very net,
GA in some ways falsely, posits a “hierarchy.
[such it can be called, in e social stration
Various low-cas! occupational groups inthe
“The translate prover rune as follows:
‘When Jow dvs inthe community
ot che ler ture Him
Pte marke eher bares im
E When te weiber diet
PU butcher bars hi.
‘Win he bute de
ne Dean ures him
“When te lacio des
The mcm uns a
When the
A
shen lineage] buries him.
San Ai de
res of soll satiation in Waryaghartand and
din he it ingenerl. First, it clear enumerates
hose individuals, most of whom ae lo denied
eme of osepatonl groups, who are beyond
i Sua Ta
AND JURAL SYSTEMS
gradins order of burial as expressed inthe parable
however, by no means tobe construed as absolute
‘trig althoughits certainly tue hat he dew (udhal)
de oF was atthe bottom of the Rita social der
And that the market entrance fee collector, pety
‘ficial who only came in wih the protectorate.
considered only very slightly betr (his designation,
‘Tashshar, derives from the fact thatthe colector
Originally received once ofthe profit rom sles
‘mae by each person who entered the marke),
There is one minor emission from the It, the
barra or market ever however, the weigher (ax.
issu and the eier are usually one and the same
person, Who may also be à musician or amdhyat and
‘io is nominate by the councl members 0 perfor
this dry, There another, rather more serious omnis
Sion from the lit the Negro smash, black), With
him the east of despised characters is now complete,
and we may now look somewhat mor easy a each
‘of em, sta the oes of Jeu and Negros oth
‘of whom speak Bilin) in Aith Waryagbar socio
And then at those of the practitioners ofthe low-clss
‘ceupations, whe pose in some ways a more complex
Problem.
Jews
The subject of Jews in Warÿagharand and in the
Rif in general s now entirely of historia interest
and can be spoken of inthe past tens, for none
ar let there now. By about 199-1960 those who
Bu previously ved in the plain n Aj, Imc,
and Ath Musa w-Amar (Where thee cemetery Was
Tecate) hd ll eft the comiry eter to take up
residence in Mel or Spain or to emigrate to Ira,
The nearest synagogue, al Torres de Alal in the
Bri Bu Frah, was abo completely desrted—indecd
the whole bide town of Torres de Alca, when 1
visited ein 1965, was a ghost town, andthe whole
enter of gravity had site a feu kilometers inland
tothe Thursday market ofthe Bol Bu Pra, But in
Spanish times, in 1953-1955; there were some five
Jewish families al elementry or nuclear in character)
located in northern Waryagharand, and two mare at
the Monday marke of the Ath Hadi
em
Every mae Jew was eiher a siversmith or and
se or à pasksnddle maker the wal pattern was
that there was one of each rsdent at or nar each
‘marke, and that he and his family were under the
protection of a powerful amgharor qld. The keynote
‘OF Jewish behavior was that of safety in hum
Conversely, fora powerful man to have "his own"
Jew was considered sig of presio, Bosse the
Jews stod entry outside the poll system. and
because their occupational services were much in
demand, many informants said that 10 kil or even
o molest a Jew was an infinitely worse offense than
10 Ki a fellow wibesman, for the JowS protector
‘would show absolutely no mercy to the Killer. This
Jets had sete in Al Musa "Amar to be neat
the top amghar Hajj Haddu Ww Aisa and ln AK
10 be under the protein of Sriman y Khata when
he was named top quid of Waryagharland by the
Spaniards in 1926
Nonetheless, Jews were constantly reminded of
{heirowly status and occupation, or all over Morocco
‘Jew could ake oath against a Maslin, for example
Only ithe worea packsaddeon his ack, ikea donkey
1 2 badge of alice.
ARiiantegendaboutJowsmakesthirhumble statis
very clar. Once the Jews had a great war in which
Al ci men were Ka, Only their women remained
and they went to the Prophet Muhammad and kes
him whom they should mary now, asin oso days.
mariage vas enirelyendogamows The Prophet old
them to ice with their husbands in the cemetery
‘They did so; and the following morning they were
all prépa; and hus the Jews cone gain. À dead
mule i koowa as jfa or “Carrion,” and the origin
ofthe Jews is equated with, and has the same vale
8 that of dead mules
"A Waryaghar alo say that i i forbidden to
ton the doorstep of a houte because only dogs,
Jews, and Shaan he Devi) i there: dogs always
look for scraps of food there, Jews make their pack
sales there, and Shaitn wats there to tap the
During the Ripubik, the Haj Amawsh of Buina
{nthe At Tori had lo had "his" ew, one Shia
sg, who made his packsaddles and to whom
he gave à house as his “neighbor.” Shlimu remained
in Bula for neatly twenty ears, mo the eal days
of the protecterate, and then finally went back lo
Melita ihence he had come, Bu his memory remained
uni as late as 1962, as an incident in hich Tas
personaly invalved demonstrates, The Background
Involves the hostility existing bien two lineages,
nd the fact tha 1 mpsel had come to be refered
Lo locally by the mame Fair Azzugwagh, the apex
ofthe Ima ines,
À blond and grcomeyed member of the Init
lineage in “Ass was accused by one ofthe members |
ofthe Dharwa a Hajj Anvawsh of Bama of having
had an American ancestor. The ia man reed
‘hat I had was a wonderful means of trunsporain
up and down the Nkur river valley, and tht all and
Sundry tought wel of me. But he then aed that
{he sons of the Hajj Amvavsh had as an ancestor |
a Jew who made packsadles, and that when the Nr
‘eas swollen up in flood, they took him across i on
their back in oder to reach the Wednesday marke!
Nothing came of this insult atthe time, but shortly
hereter these same two men got into» igh at
A namegiing ceremony nd ad tobe frei sep
De
Blacks
and are almost enirely endogamous. In 1953, 1 had
heard of only ene instance, and tht not entirely
‘woman, He was also tetas man in Waryaghaland
Sanding. about 67 in Me sandals) They all are
asthe Jews were, concentrated in and around Ay
tere are not naw and never have been uny in the
Incipient lack neages as do wo Inaba lineages
in Ar, the Qu (potter) and Andeosen
(Andalusians. Like Jows, black always have ery
Sisinctve personal names (eg Far, Bil he
lar name commemorating he st muczzino skim
Bill, who was a blac), and they must address any
Ordinary Riffs as Std (my lo") or Lalla ("my
lady"). They themscives are simply refereed to, 08
e ad dE Ten
se or à pasksnddle maker the wal pattern was
that there was one of each rsdent at or nar each
‘marke, and that he and his family were under the
protection of a powerful amgharor qld. The keynote
‘OF Jewish behavior was that of safety in hum
Conversely, fora powerful man to have "his own"
Jew was considered sig of presio, Bosse the
Jews stod entry outside the poll system. and
because their occupational services were much in
demand, many informants said that 10 kil or even
o molest a Jew was an infinitely worse offense than
10 Ki a fellow wibesman, for the JowS protector
‘would show absolutely no mercy to the Killer. This
Jets had sete in Al Musa "Amar to be neat
the top amghar Hajj Haddu Ww Aisa and ln AK
10 be under the protein of Sriman y Khata when
he was named top quid of Waryagharland by the
Spaniards in 1926
Nonetheless, Jews were constantly reminded of
{heirowly status and occupation, or all over Morocco
‘Jew could ake oath against a Maslin, for example
Only ithe worea packsaddeon his ack, ikea donkey
1 2 badge of alice.
ARiiantegendaboutJowsmakesthirhumble statis
very clar. Once the Jews had a great war in which
Al ci men were Ka, Only their women remained
and they went to the Prophet Muhammad and kes
him whom they should mary now, asin oso days.
mariage vas enirelyendogamows The Prophet old
them to ice with their husbands in the cemetery
‘They did so; and the following morning they were
all prépa; and hus the Jews cone gain. À dead
mule i koowa as jfa or “Carrion,” and the origin
ofthe Jews is equated with, and has the same vale
8 that of dead mules
"A Waryaghar alo say that i i forbidden to
ton the doorstep of a houte because only dogs,
Jews, and Shaan he Devi) i there: dogs always
look for scraps of food there, Jews make their pack
sales there, and Shaitn wats there to tap the
During the Ripubik, the Haj Amawsh of Buina
{nthe At Tori had lo had "his" ew, one Shia
sg, who made his packsaddles and to whom
he gave à house as his “neighbor.” Shlimu remained
in Bula for neatly twenty ears, mo the eal days
of the protecterate, and then finally went back lo
Melita ihence he had come, Bu his memory remained
uni as late as 1962, as an incident in hich Tas
personaly invalved demonstrates, The Background
Involves the hostility existing bien two lineages,
nd the fact tha 1 mpsel had come to be refered
Lo locally by the mame Fair Azzugwagh, the apex
ofthe Ima ines,
À blond and grcomeyed member of the Init
lineage in “Ass was accused by one ofthe members |
ofthe Dharwa a Hajj Anvawsh of Bama of having
had an American ancestor. The ia man reed
‘hat I had was a wonderful means of trunsporain
up and down the Nkur river valley, and tht all and
Sundry tought wel of me. But he then aed that
{he sons of the Hajj Amvavsh had as an ancestor |
a Jew who made packsadles, and that when the Nr
‘eas swollen up in flood, they took him across i on
their back in oder to reach the Wednesday marke!
Nothing came of this insult atthe time, but shortly
hereter these same two men got into» igh at
A namegiing ceremony nd ad tobe frei sep
De
Blacks
and are almost enirely endogamous. In 1953, 1 had
heard of only ene instance, and tht not entirely
‘woman, He was also tetas man in Waryaghaland
Sanding. about 67 in Me sandals) They all are
asthe Jews were, concentrated in and around Ay
tere are not naw and never have been uny in the
Incipient lack neages as do wo Inaba lineages
in Ar, the Qu (potter) and Andeosen
(Andalusians. Like Jows, black always have ery
Sisinctve personal names (eg Far, Bil he
lar name commemorating he st muczzino skim
Bill, who was a blac), and they must address any
Ordinary Riffs as Std (my lo") or Lalla ("my
lady"). They themscives are simply refereed to, 08
e ad dE Ten
isi gh ak SHEET
Er mt —
¡A q
a eles gs et
lf sites ven ie ong e Do Ree
| eee ae ag na
| mandformed pottery in he sug at metros: ts may
| © pe sigmiicat for elsewhere in Berber Morocco i
$ back men who make pots, on potters wheel, In
} this connection, the lineage name or nickname of
À Qu mentre above, a cres Coon has
A picture of a negroid blacksmith from Aji” but
À Amy informant denied that Bckamihs Were nee
| id, and in x years in Waryagharand 1 certainly
li
ever sa one who wasalthough 1 did once In (he
‘ith “Amarth. The bicksmithe fl into quie à
‘ferent category, 1 he discussed below.
The Blacks Ike the Jews, were of couse entirely
pacific. They never bore arms, and they 100 sought
Safety in humility. But the A Waryaghar ate
foward them can readily be gauged fom the fact that
| the reason the tbe collectively decided to oppose
the Pretender Bu Hmara when be tid to invade the
¿sio ia 1908 was not Because they were on the
A sde of the lgimate Salta, but rather because Bu
[> Hara general who led the invasion, il Mu
Fo Woda’, was a back and a slave. This they woul
ES not lerne,
EE
[E me Des
19 Despised Minority From Tho Axt
E Tuzin: Ocoupational Or Racial?
E
F rue most significant point about ll the specialists
© mentioned inthe parable quoted atthe Vepiming of
this chapter is tht they all originate from the tie
Df the Axt Turn, or are held to have so originated
| The market weighers and cies ae said wave come
from the Axt Turin clas of the ANI Bi and At
A: the butchers, ao rom the Ant AR whence
ome of them peca off in Sísion, one supposes,
fo move to Takkiyen in Waryaghartand; the mare
Dvr blacksmiths and frriers® come traditional from
¿e community of Iu'ayyaden in the Axt raie
“although thee ac also many of them inthe more
cir ube ofthe Ath Warsi) whe one infor
foe en ns pai aos
| nee
| =
‘ant would derive them from Bath in the Axt
"ARS Tissame informantalso derive the iman
(Ging. amdhyaz), or musicians, from Isuhinen in the
ANA, whe indicating as well that they might
be descended from "Akku, à ew: another informant
thought that they came to the AXt Tuzin from the
har Fay, the Ihawtshen lineage inthe communi
9 of Tigo in the Ath Tur, whose men make
mule and donkey pannirs and whose women make
mat, ca from Tighza in the Axt Tain o sete
in Warpagharlad. Their ancestor, Sidi Mhand
Ai, buried in Midar ofthe AxtTuzin, In the
ase ofthe hawtshen the arabe acquiresadded fore,
for not only were the members of thie lineage now
combatants in Doodfeuds, bat they bari the den
othe fighting lineages tbe "more han eg” major
‘Oddly enough, the Ant Tin have “produced
tree other types of specialists who ate no despised
The fst two are tinkers, who work market, and
oler, who have pottery ovens tere, The rd are
i l'asawipen, members of the "Asawa regions
orde; ther head ca is in Meknes und so they
San hardly be said to have been “produced” by the
Ast in, but there ar many ofthe there, Since
they play essentially the Same Kind of music as Jo
the imdhyazenand, furhermore, act as snake
Sharmers and are able to cure naked à certain
Stigma ataches to them aso,
The point of origin ofthe members of the despised
professonsis very clear, and terested, a red.
10 evo clans within ihe Axe Tuzin. Coon makes the
‘cogent point tha atleast one common denominator
ofall these professions the making ul noise I pub
Faces. Nowadays, the market crier shouts out bis
Announcements over à publicaddress system, ale
though uni the Spanish Sinsation set these up
in he 1950, he had 10 rely on hi own long power
Then there is the deafening boom of the butcher,
who, after sacrificing his cows, makes 4 cu in the
hoof 1 low up the shin, and then bests on the now
swollen stomach of the animal with a heavy sick
Prior to flying. As forthe musicas, they play a
Special deep-oned teed instrument, the zanımar. a
“double clarinet” with twin movihficc and tin
stops, culminating in a pat of large decorated cow's
thems, which are in um hooked by their tps tothe
ods of the pipes and joined together by a tale
eto emer At Tet
Er mt —
¡A q
a eles gs et
lf sites ven ie ong e Do Ree
| eee ae ag na
| mandformed pottery in he sug at metros: ts may
| © pe sigmiicat for elsewhere in Berber Morocco i
$ back men who make pots, on potters wheel, In
} this connection, the lineage name or nickname of
À Qu mentre above, a cres Coon has
A picture of a negroid blacksmith from Aji” but
À Amy informant denied that Bckamihs Were nee
| id, and in x years in Waryagharand 1 certainly
li
ever sa one who wasalthough 1 did once In (he
‘ith “Amarth. The bicksmithe fl into quie à
‘ferent category, 1 he discussed below.
The Blacks Ike the Jews, were of couse entirely
pacific. They never bore arms, and they 100 sought
Safety in humility. But the A Waryaghar ate
foward them can readily be gauged fom the fact that
| the reason the tbe collectively decided to oppose
the Pretender Bu Hmara when be tid to invade the
¿sio ia 1908 was not Because they were on the
A sde of the lgimate Salta, but rather because Bu
[> Hara general who led the invasion, il Mu
Fo Woda’, was a back and a slave. This they woul
ES not lerne,
EE
[E me Des
19 Despised Minority From Tho Axt
E Tuzin: Ocoupational Or Racial?
E
F rue most significant point about ll the specialists
© mentioned inthe parable quoted atthe Vepiming of
this chapter is tht they all originate from the tie
Df the Axt Turn, or are held to have so originated
| The market weighers and cies ae said wave come
from the Axt Turin clas of the ANI Bi and At
A: the butchers, ao rom the Ant AR whence
ome of them peca off in Sísion, one supposes,
fo move to Takkiyen in Waryaghartand; the mare
Dvr blacksmiths and frriers® come traditional from
¿e community of Iu'ayyaden in the Axt raie
“although thee ac also many of them inthe more
cir ube ofthe Ath Warsi) whe one infor
foe en ns pai aos
| nee
| =
‘ant would derive them from Bath in the Axt
"ARS Tissame informantalso derive the iman
(Ging. amdhyaz), or musicians, from Isuhinen in the
ANA, whe indicating as well that they might
be descended from "Akku, à ew: another informant
thought that they came to the AXt Tuzin from the
har Fay, the Ihawtshen lineage inthe communi
9 of Tigo in the Ath Tur, whose men make
mule and donkey pannirs and whose women make
mat, ca from Tighza in the Axt Tain o sete
in Warpagharlad. Their ancestor, Sidi Mhand
Ai, buried in Midar ofthe AxtTuzin, In the
ase ofthe hawtshen the arabe acquiresadded fore,
for not only were the members of thie lineage now
combatants in Doodfeuds, bat they bari the den
othe fighting lineages tbe "more han eg” major
‘Oddly enough, the Ant Tin have “produced
tree other types of specialists who ate no despised
The fst two are tinkers, who work market, and
oler, who have pottery ovens tere, The rd are
i l'asawipen, members of the "Asawa regions
orde; ther head ca is in Meknes und so they
San hardly be said to have been “produced” by the
Ast in, but there ar many ofthe there, Since
they play essentially the Same Kind of music as Jo
the imdhyazenand, furhermore, act as snake
Sharmers and are able to cure naked à certain
Stigma ataches to them aso,
The point of origin ofthe members of the despised
professonsis very clear, and terested, a red.
10 evo clans within ihe Axe Tuzin. Coon makes the
‘cogent point tha atleast one common denominator
ofall these professions the making ul noise I pub
Faces. Nowadays, the market crier shouts out bis
Announcements over à publicaddress system, ale
though uni the Spanish Sinsation set these up
in he 1950, he had 10 rely on hi own long power
Then there is the deafening boom of the butcher,
who, after sacrificing his cows, makes 4 cu in the
hoof 1 low up the shin, and then bests on the now
swollen stomach of the animal with a heavy sick
Prior to flying. As forthe musicas, they play a
Special deep-oned teed instrument, the zanımar. a
“double clarinet” with twin movihficc and tin
stops, culminating in a pat of large decorated cow's
thems, which are in um hooked by their tps tothe
ods of the pipes and joined together by a tale
eto emer At Tet
They also pay reed ues and heavy tambowrines
and dance and sing at marrage and name Bing
‘etesonal (often imdlging in fly licens beh
ior and risquésongs, i ao women are within cars)
Finally. they ae professional stad men. with are
male donkeys for hire, which they breed ih mares
in oder produce she mules, valved mote than Male
tule inthe Ri And in any sq one can see und
hear the blacks famies not only working dei
bellows but poundin on the aos and shoving mus
and donkeys
Teisterefore qui tre hat these activites involve
not only à considerable amount of nie making, but
also a considerable amount af publi exhibitionism
nis this last feature that ordinary Ah Waryaghar
consider 0 be hama, sarsetul—and this no
‘out why Coon labeled all these specialists as
‘Shameless Ones" the eror i thus understandable
But there ar ether factors as well these peoples al
from the second: or thidlowest rung of the soca
ladder (the ranking order in burial suggested by the
arabe i of Malo or no fal importance) ae mo
‘nly extremely poor, but they aro al sad tobe almost
Willy properties in terms of land and house.
Indeed, ype of song that the imdazen ave away’
singin addon osongsof the famous ay-arula ja
Variey so characters of the Rif in neral) 5
with the cera mall mal, mal, Aras for
proper" which, of course, thoy Rave none (a.
ote in Chap. 5. The all these people count heavily
‘om payment for the services thoy render. Hf aso
‘common for imdhyazn, for instance, to ome around
tothe threshing floors of ordinary Rian at harvest
time in order o be ite grin
“This properyessness is leo probably responsible
for another error inthe Iterator, ths one made BY
the Spaniards and often perpeuated by Spanish
speaking Kins as wel the lnbeing of the ino
en, in particular, a gitanos or “gypsies,” which of
course they are nol and especialy not inthe Spanish
sense ofthe tem, £s construed, for example, in Ihe
Sacromonte quater of Granada, With the exception
‘of two blcksmiths, father and son, who are residen
in Bulma of the Aith Turin and Dave a modicum
of property heee dor he father, "Amar Bahia,
Just ike the Jew Shlimu Hager, was patronized by
{he sons ofthe powerful Hajj Ams) the despised
_roups are, 10 my knowledge, entry endogamoos
with relation to ordinary Rifas (among themselves,
The dng os in ig aa “ee Ea
deci posi oran amines 0 mary a |
‘There however, quen lay ren cn
sex lato between olny men ant the om |
Sil bac an masts intel ln
the vo or daughter of an die ramo ind
‘Scone Réf mn 1 Le very und pet
inde and thee nomen ae come red
By rnkand de Ala Warp as ponia, es
ray hs des ot ol aya, gen sts
{sh Wavy eh shout telson womens
‘oats pecan ol llo ls pam)
ight sen In spout fr a Wester
investor to asc tt sock an Coman
Say oigo poli tea ofthese Bours
tether polen, ao weh de mae af
Swen f mee low ss ss ol
‘typed Bat ocho At Wari in
for there remains te crcl fact ht the ans
‘Sere members of hay wie aa one
hss coe fom the At Tu, ft dat ust de
counted orn A Warp terms. In Na ag
‘Ses stom oven acer fo he AN Ta a
Share pane spec wo VE ne
AR az foram only coh mater
rely ome ce rm th At Warsi fc
caso rom he Ghar, of oven om Agere te
Sr aston as), Wenn ey trove er
Social mana en and tecno us
iti aay AN az nomas domo sin
them, ice they cio not iho Beart
Parc Pate done Ths of some Vu another
‘rane of the ambi wich so Ibon nthe
Sev orion othe ent are ra
mar, al iste by two nf sends about
ER rn af hein te came The fest
isthe ven which hy themes prove te
Secon, lr more wimpy, enna fom
the th Ro
inthe int gend, tr ancestor sai 10 have
been Sa Dane Dan, of the OW Team,
sho fad ms, ad of Dlls te ea D
de descenso ns propery by tee wes Sal
Davo mai rind dk med Yo o
inte fc he tll bend ar beak wads Le
Bands and om sos 1 ay ml’ done à
tot orale ty thor objet wi One house
te dep witha worn wo wa maton of his men
‘ives one gls ot oy was Re very ng
ys, but sexy wel) and ten he wed
feted pic of on amando va on
Sh ad ho heat iin ie fea tows ane
And an an nae hs dass ho owed
A ump
|
4
and dance and sing at marrage and name Bing
‘etesonal (often imdlging in fly licens beh
ior and risquésongs, i ao women are within cars)
Finally. they ae professional stad men. with are
male donkeys for hire, which they breed ih mares
in oder produce she mules, valved mote than Male
tule inthe Ri And in any sq one can see und
hear the blacks famies not only working dei
bellows but poundin on the aos and shoving mus
and donkeys
Teisterefore qui tre hat these activites involve
not only à considerable amount of nie making, but
also a considerable amount af publi exhibitionism
nis this last feature that ordinary Ah Waryaghar
consider 0 be hama, sarsetul—and this no
‘out why Coon labeled all these specialists as
‘Shameless Ones" the eror i thus understandable
But there ar ether factors as well these peoples al
from the second: or thidlowest rung of the soca
ladder (the ranking order in burial suggested by the
arabe i of Malo or no fal importance) ae mo
‘nly extremely poor, but they aro al sad tobe almost
Willy properties in terms of land and house.
Indeed, ype of song that the imdazen ave away’
singin addon osongsof the famous ay-arula ja
Variey so characters of the Rif in neral) 5
with the cera mall mal, mal, Aras for
proper" which, of course, thoy Rave none (a.
ote in Chap. 5. The all these people count heavily
‘om payment for the services thoy render. Hf aso
‘common for imdhyazn, for instance, to ome around
tothe threshing floors of ordinary Rian at harvest
time in order o be ite grin
“This properyessness is leo probably responsible
for another error inthe Iterator, ths one made BY
the Spaniards and often perpeuated by Spanish
speaking Kins as wel the lnbeing of the ino
en, in particular, a gitanos or “gypsies,” which of
course they are nol and especialy not inthe Spanish
sense ofthe tem, £s construed, for example, in Ihe
Sacromonte quater of Granada, With the exception
‘of two blcksmiths, father and son, who are residen
in Bulma of the Aith Turin and Dave a modicum
of property heee dor he father, "Amar Bahia,
Just ike the Jew Shlimu Hager, was patronized by
{he sons ofthe powerful Hajj Ams) the despised
_roups are, 10 my knowledge, entry endogamoos
with relation to ordinary Rifas (among themselves,
The dng os in ig aa “ee Ea
deci posi oran amines 0 mary a |
‘There however, quen lay ren cn
sex lato between olny men ant the om |
Sil bac an masts intel ln
the vo or daughter of an die ramo ind
‘Scone Réf mn 1 Le very und pet
inde and thee nomen ae come red
By rnkand de Ala Warp as ponia, es
ray hs des ot ol aya, gen sts
{sh Wavy eh shout telson womens
‘oats pecan ol llo ls pam)
ight sen In spout fr a Wester
investor to asc tt sock an Coman
Say oigo poli tea ofthese Bours
tether polen, ao weh de mae af
Swen f mee low ss ss ol
‘typed Bat ocho At Wari in
for there remains te crcl fact ht the ans
‘Sere members of hay wie aa one
hss coe fom the At Tu, ft dat ust de
counted orn A Warp terms. In Na ag
‘Ses stom oven acer fo he AN Ta a
Share pane spec wo VE ne
AR az foram only coh mater
rely ome ce rm th At Warsi fc
caso rom he Ghar, of oven om Agere te
Sr aston as), Wenn ey trove er
Social mana en and tecno us
iti aay AN az nomas domo sin
them, ice they cio not iho Beart
Parc Pate done Ths of some Vu another
‘rane of the ambi wich so Ibon nthe
Sev orion othe ent are ra
mar, al iste by two nf sends about
ER rn af hein te came The fest
isthe ven which hy themes prove te
Secon, lr more wimpy, enna fom
the th Ro
inthe int gend, tr ancestor sai 10 have
been Sa Dane Dan, of the OW Team,
sho fad ms, ad of Dlls te ea D
de descenso ns propery by tee wes Sal
Davo mai rind dk med Yo o
inte fc he tll bend ar beak wads Le
Bands and om sos 1 ay ml’ done à
tot orale ty thor objet wi One house
te dep witha worn wo wa maton of his men
‘ives one gls ot oy was Re very ng
ys, but sexy wel) and ten he wed
feted pic of on amando va on
Sh ad ho heat iin ie fea tows ane
And an an nae hs dass ho owed
A ump
|
4
‘The Aith Tui version is very diferen, and it
provides in Waryaghur minds the justification for a
‘enigratry proverb to be found in other variations
in other regions of Morocco as well. The prover,
Hayatin bayoin Khut-hum shasatin, suggest tata
the people in these racial occupational estegories are
brothers of devis. I seems that one day Shaan,
the Devil was going to markt with his she donkey
‘the math donkey at large quantity of bal
“nd Inter, when the Devil prodded her with hs stick
0 ge her to move, she defocaed, The ancestor of
ah blucksmithsiedtely ros, phoenix, Lom
her feces and started to shoe her, and thi i why
lckemihs shoe males and donkeys to this day. 1
ave Deen ol that during the pub twas custom
ay to spt upon the bodies of dead Blacksmiths that
À might be found floating in the upper Nkur ever ut
"people no longer do this today!
The practitioners of these lowly professions are
despised y the rank and of the Ath Waryaghie
and of other Ran tos because of thet origin
2 rer than becuse oftheir occupations or work: In
the Warynghar view, this de no "chiken or exe"
13 arsument: there is no question in their mind that
er peoplresited nthe adoption
ee
oe
by them of tase profesiona, or of professions that,
he egltarln majority regard as being qui unstable
for themselves. The same macy Duros thik arg
the lowly minor are of à
rmplexoned “rae.” Ie tre
“tint mostofthepeacttonersof the inferior professions
are indeed darker than ordinary Rias, but i not
[> irs ofall of them. have seen at east one blue-eyed
BES Bimdhyas, and the son ofthe dark Bulma blacksmith
UK very blond, red faced, and Blues swell
E aihough possibly his hai, sin, and eye pigmentation
fame to him geacically tough his Ath Tui
fiver. Nonetheless, 10 Aith Waryagar, this 4 à
hater of dogmatie acrpion. There ro ciber varia:
ies as wel, auch as certain diagnostics of dress and
“Slorament: some imähyazen, lor instance, ate il
ind à munclore sor inh the us
Shey wear an caring inthe ll ur (ga “psy
Pie which no setrespchng dhrWaryar
2 Sd evr do I addon to playing the sumer,
1. they ao pay the sa tee sgt nr whereas
Font mua instrument at ny Waza woud
Ely and then primary <a Joke vou be the
Nan a oe umtoutine. Masi, ging und dano.
gar peformedony by womenfor ecran
1 men and by pate Me gnded hemo
an
x
as suggested by the parat the beginning of this
Section may not be enizely valid, Bat the activities
involved are not those of free men na tial society
We now turn toa resoundingly male activi, from
Which all these other categories of people, as wel
as women and children, are di exces politics,
CUSTOM, LAW AND THE SYSTEM OF
‘SUPERIMPOSED REPRESENTATIVE
COUNCILS:
In accordance with the model established by Coon,
for the political system of the tbs ofthe Central
Rin general the athrbrinor representative coun
was, during the Ripubik, the body polite, à eee
tiered insittion existing at once at the level of the
local community, 35 the atharbiän ddr; that
of the clan or "fifth," a6 the alla arb
nd finally at that of the tbe a6 whole, a the
darts" Themembersof the coun were
led imgharen (ins. amar), wile the council
meeting and the sit al wich st was Bed were ow
38 agra If at any te here was single council.
Whose opinions were deferred to by the others or
‘who through sheet force was able to overie the
est and make his decisions stick, he was known as
“amar amgaran or "top amghar.
“The existence of a. top amghar was unusul
however, ihre was naturally an informal our
powectulprocess of selection and recalemont at work
tthe community level which cose the es effective
lineage heads for representation of the community
tthe clan eve, and promoted thestronger community
Spokesmen to membership ia the clan council, What
‘his meant was hat there were one o two men per
commun in the clan sonnel, and slays ori
‘he community sell wore spt int two host if
Exactly the same process was operative a the bal
Level, with about two or Ihree councilors per clan
oticipating inthe overall ital couned The principle
o tetera
o
ee
provides in Waryaghur minds the justification for a
‘enigratry proverb to be found in other variations
in other regions of Morocco as well. The prover,
Hayatin bayoin Khut-hum shasatin, suggest tata
the people in these racial occupational estegories are
brothers of devis. I seems that one day Shaan,
the Devil was going to markt with his she donkey
‘the math donkey at large quantity of bal
“nd Inter, when the Devil prodded her with hs stick
0 ge her to move, she defocaed, The ancestor of
ah blucksmithsiedtely ros, phoenix, Lom
her feces and started to shoe her, and thi i why
lckemihs shoe males and donkeys to this day. 1
ave Deen ol that during the pub twas custom
ay to spt upon the bodies of dead Blacksmiths that
À might be found floating in the upper Nkur ever ut
"people no longer do this today!
The practitioners of these lowly professions are
despised y the rank and of the Ath Waryaghie
and of other Ran tos because of thet origin
2 rer than becuse oftheir occupations or work: In
the Warynghar view, this de no "chiken or exe"
13 arsument: there is no question in their mind that
er peoplresited nthe adoption
ee
oe
by them of tase profesiona, or of professions that,
he egltarln majority regard as being qui unstable
for themselves. The same macy Duros thik arg
the lowly minor are of à
rmplexoned “rae.” Ie tre
“tint mostofthepeacttonersof the inferior professions
are indeed darker than ordinary Rias, but i not
[> irs ofall of them. have seen at east one blue-eyed
BES Bimdhyas, and the son ofthe dark Bulma blacksmith
UK very blond, red faced, and Blues swell
E aihough possibly his hai, sin, and eye pigmentation
fame to him geacically tough his Ath Tui
fiver. Nonetheless, 10 Aith Waryagar, this 4 à
hater of dogmatie acrpion. There ro ciber varia:
ies as wel, auch as certain diagnostics of dress and
“Slorament: some imähyazen, lor instance, ate il
ind à munclore sor inh the us
Shey wear an caring inthe ll ur (ga “psy
Pie which no setrespchng dhrWaryar
2 Sd evr do I addon to playing the sumer,
1. they ao pay the sa tee sgt nr whereas
Font mua instrument at ny Waza woud
Ely and then primary <a Joke vou be the
Nan a oe umtoutine. Masi, ging und dano.
gar peformedony by womenfor ecran
1 men and by pate Me gnded hemo
an
x
as suggested by the parat the beginning of this
Section may not be enizely valid, Bat the activities
involved are not those of free men na tial society
We now turn toa resoundingly male activi, from
Which all these other categories of people, as wel
as women and children, are di exces politics,
CUSTOM, LAW AND THE SYSTEM OF
‘SUPERIMPOSED REPRESENTATIVE
COUNCILS:
In accordance with the model established by Coon,
for the political system of the tbs ofthe Central
Rin general the athrbrinor representative coun
was, during the Ripubik, the body polite, à eee
tiered insittion existing at once at the level of the
local community, 35 the atharbiän ddr; that
of the clan or "fifth," a6 the alla arb
nd finally at that of the tbe a6 whole, a the
darts" Themembersof the coun were
led imgharen (ins. amar), wile the council
meeting and the sit al wich st was Bed were ow
38 agra If at any te here was single council.
Whose opinions were deferred to by the others or
‘who through sheet force was able to overie the
est and make his decisions stick, he was known as
“amar amgaran or "top amghar.
“The existence of a. top amghar was unusul
however, ihre was naturally an informal our
powectulprocess of selection and recalemont at work
tthe community level which cose the es effective
lineage heads for representation of the community
tthe clan eve, and promoted thestronger community
Spokesmen to membership ia the clan council, What
‘his meant was hat there were one o two men per
commun in the clan sonnel, and slays ori
‘he community sell wore spt int two host if
Exactly the same process was operative a the bal
Level, with about two or Ihree councilors per clan
oticipating inthe overall ital couned The principle
o tetera
o
ee
treatment was based upon whet Esol a
la ley del más Jue" the songer an amahar the
Quiche hero 10 Ih highest reccsentatonal Level,
and is strength was measured In terms of (1) hi
‘own physical courage: (2) the numb of his agate,
{if abies, afines, and other constucat andthe
‘umber of gunsthey couklcommand;and his wealth
and persona resources. Once in office, the tere
‘fan amghar was theoretically far fe, ut more often
than no his fe would be cut short by a bull. or
a dagger, or a blhook, or even by pobon in his ic
the competition for pola office vas extremely
fierce and of a markelly “dog-atdog" character.
A weak anghar was a “no-good" amgher and Be
ever rose above the lve of the local community.
Ti should be sai at this pain that Coons contention
‘hatin the Igzinnayen the Council o he fea comm
nity was made up of adolescent boys, in order 10
provide them with “onthe ab taining forthe more
Serious business of participating inthe clan Counc
in ter ite a comenion tat was denied by my own
informants from that tbe), was never Ihe casein
Waryaghrland, where polis vas the sphere of
¡grown men ony In this respect he pola organi
ation and station in Waryagharlané was Kid of
parody in microcosm of à station that was and 1
Very common at all levels of Moroccan politcal ie
2 plethora of legitimate climants to fe andthe
fact that the postion sel ar more importa than
the man who holds ic Gust as we have seen inthe
tremendous proliferation of shurfa all over the
‘country. An amahar Who ded by violence was aay
immediata replaceable, for there were always 100
many cooks ready to spoil the broth. It vas almost
“all hits and no Indians. with the difference that
tere were indeed a few “Indians but, as noted
above they were exclued frm politcal participation,
These “chief, af cours, were not really ches at
all but councilor in «pial system of organized
acephaly (her than “anarchy” or "democracy" of
Sven “republcanisn”) The long iss of tren
o the tune of en or twelve per clan, that were given
10 me by elderly informants, point this up (aldo
its highly doubufl that as many as thi from each
an could actualy participate ln he tribal coun
Sach amghay acted as a check on another amghar
ae erty mp Trem get Te AS Bee ee
{eronasberingharen,andindssseach one potently
cancele out the effectiveness of the other. Thay Y
ounell metings were very often long, draw ou
aff: bey were peorally conducted with ropti
Anddesorum. bt ftenconsderable ime woul lapse
indeiberaton over particular issues before agreement |
or even à consensus of opinion could be reached A
Sometimes no decision woul! be immeditely fort
Soming, and inthe ease of a council meeting in the
mart, the mater would perhaps be defected un |
the folowing werk
The terms amghar and agro poss no problems,
but that of alar dacs. 1 have pointed out
3 previos publication what this key ferm seem 10
recapiulaing here. In Bilan, fist of ally i ha
(in Arabic or Bert) of aan, “forty.” The word
‘selfs plural compound noun, of which the im
ds thar, (ropenigueharb in, u, man of, pi
Iharbiin, “people ), meaning "man ofthe people
‘representative of the peoples” and hence ethan
le lied form of ai hari, “representative
the body politic ould hardly be devited, for the
representatives ofthe people Ip fact the coune
member
Before tuning othe rights and des o th vario
Its relationship tothe Shar, forthe sum total
these rights and dis contes the corpus oft
vibes Custom or Costomary Law, designated 09
either of two Arabic terms, guide and “ur. How
Custom became modifi under the segs “A
Kim and gave way to the Shar'a in almost all
respect willbe made ciar in Chapter 18; Sul
A 10 say here that during the period before “Ab
al Km. knowin eos asthe Ripublis, Custom
held suay over all spheres of life and activity sa
those pertaining to property in and (or water, ma
riage, and divorce, allo which al under the jade
tion o the Shar" or Muslim Law and require write
“documents; daring the Rib, these documents were
¿raw up and signed bythe oca fe, and since "AB
Kim time they have been signed by tuo “ad
(ootaies publi), and given the qd’ sun of
prova
I is often asserted both that Beter Customary
Law in general is oral or unten and tha tr
la ley del más Jue" the songer an amahar the
Quiche hero 10 Ih highest reccsentatonal Level,
and is strength was measured In terms of (1) hi
‘own physical courage: (2) the numb of his agate,
{if abies, afines, and other constucat andthe
‘umber of gunsthey couklcommand;and his wealth
and persona resources. Once in office, the tere
‘fan amghar was theoretically far fe, ut more often
than no his fe would be cut short by a bull. or
a dagger, or a blhook, or even by pobon in his ic
the competition for pola office vas extremely
fierce and of a markelly “dog-atdog" character.
A weak anghar was a “no-good" amgher and Be
ever rose above the lve of the local community.
Ti should be sai at this pain that Coons contention
‘hatin the Igzinnayen the Council o he fea comm
nity was made up of adolescent boys, in order 10
provide them with “onthe ab taining forthe more
Serious business of participating inthe clan Counc
in ter ite a comenion tat was denied by my own
informants from that tbe), was never Ihe casein
Waryaghrland, where polis vas the sphere of
¡grown men ony In this respect he pola organi
ation and station in Waryagharlané was Kid of
parody in microcosm of à station that was and 1
Very common at all levels of Moroccan politcal ie
2 plethora of legitimate climants to fe andthe
fact that the postion sel ar more importa than
the man who holds ic Gust as we have seen inthe
tremendous proliferation of shurfa all over the
‘country. An amahar Who ded by violence was aay
immediata replaceable, for there were always 100
many cooks ready to spoil the broth. It vas almost
“all hits and no Indians. with the difference that
tere were indeed a few “Indians but, as noted
above they were exclued frm politcal participation,
These “chief, af cours, were not really ches at
all but councilor in «pial system of organized
acephaly (her than “anarchy” or "democracy" of
Sven “republcanisn”) The long iss of tren
o the tune of en or twelve per clan, that were given
10 me by elderly informants, point this up (aldo
its highly doubufl that as many as thi from each
an could actualy participate ln he tribal coun
Sach amghay acted as a check on another amghar
ae erty mp Trem get Te AS Bee ee
{eronasberingharen,andindssseach one potently
cancele out the effectiveness of the other. Thay Y
ounell metings were very often long, draw ou
aff: bey were peorally conducted with ropti
Anddesorum. bt ftenconsderable ime woul lapse
indeiberaton over particular issues before agreement |
or even à consensus of opinion could be reached A
Sometimes no decision woul! be immeditely fort
Soming, and inthe ease of a council meeting in the
mart, the mater would perhaps be defected un |
the folowing werk
The terms amghar and agro poss no problems,
but that of alar dacs. 1 have pointed out
3 previos publication what this key ferm seem 10
recapiulaing here. In Bilan, fist of ally i ha
(in Arabic or Bert) of aan, “forty.” The word
‘selfs plural compound noun, of which the im
ds thar, (ropenigueharb in, u, man of, pi
Iharbiin, “people ), meaning "man ofthe people
‘representative of the peoples” and hence ethan
le lied form of ai hari, “representative
the body politic ould hardly be devited, for the
representatives ofthe people Ip fact the coune
member
Before tuning othe rights and des o th vario
Its relationship tothe Shar, forthe sum total
these rights and dis contes the corpus oft
vibes Custom or Costomary Law, designated 09
either of two Arabic terms, guide and “ur. How
Custom became modifi under the segs “A
Kim and gave way to the Shar'a in almost all
respect willbe made ciar in Chapter 18; Sul
A 10 say here that during the period before “Ab
al Km. knowin eos asthe Ripublis, Custom
held suay over all spheres of life and activity sa
those pertaining to property in and (or water, ma
riage, and divorce, allo which al under the jade
tion o the Shar" or Muslim Law and require write
“documents; daring the Rib, these documents were
¿raw up and signed bythe oca fe, and since "AB
Kim time they have been signed by tuo “ad
(ootaies publi), and given the qd’ sun of
prova
I is often asserted both that Beter Customary
Law in general is oral or unten and tha tr
for Better
ota written language. Quite frequen, however
igen investiator who Ps at ast fly gained
confidence of people may be presented ith writen
Sara documents (each of these types of door
nislso has own designation). Aso the second
Dors. 1 was only able to find one documen that
ipl be squarely atiuted 10 R, and that forthe
D Weienajen under the domination of "Abd al-Krim),
1 found a number of others that inpinge on
ziculary fine cllection af qarans published by
160.” provide most ivaliable documentar,
ipplement to the statements of elder informant
the subject, Indeed, Blanco à gun demonstrate
clay that although Custom may be conceived
THs infact more at tobe writen than ot
im down and dated Dy the fg as "minutes," 50
casino ter to hs ganans In his ch
TAs tothe question of Cusiom running counter 10
le Shara, this again forthe Ril atleast, is quite
sera es tive than might be imagined. Inet,
ep for (1) eollecive cats (which were abolished
by “Aba lr), the very ck of whether
ER not daughters ihr and 3 the pur fie
© ion of united plygyey provided ha every ith
Wie isa black, may be said that Custom and Musi
| Lae complement eachother, on diferent planes and
© in tere ways. Yet the domain 0f uch I, or was,
ually exclusive; the wide range of sets und actions
nbraced, for example, by thet of any srt wound
ce of Coo a ote gel Way Be
DR ne Sera oe tr
Ings, and murder, wheter ac, suspected OF at
tempted, fl ently within the province of Custom.
Custom was this concerne with the sanction by Ihe
council upon any actions that fall under the bic
of violence, and in Waryagharlnd this was a very
wide rubi inde. Ii for hs reason tha many
er have Hooked at ganuns or Costomsry Law
chartes as consisting of It, whether long ar sort,
of Do Not, und as "simple enumeration: of fines
for infactions." But they are much more than this
ven though they are cauched in Simple language
which was the most dret form of both appeal 10
and coercion of an extremely ilence-oriented socie.
Surdon, for example, hs claimed (or the Sus and
Ass rather than forthe Ri is tr) tat there
is asis inthe Shr forthe very widespread practice
‘ofthe council imposition of à eushingy heavy fine
‘ona man who committed mundo i the market, und
their subsequent bumin of his house if. a generally
happened, he was unable to pay.” However, 1 have
not found a sera of evidence to support this elim,
and an authority on Muslim Law has assured me tha
this i manifestly not the ease» It is evidently true,
35 Surdon states forthe Sus, ha the (an Arab
father than a Berber word, it shoul! be letal)
Is the penal complement of the Sha: thus inthe
Rian as wel a in the Sus context, the two should
properly be viewed as single unit, as two parts of
4 whole. In both regions (in const 10 he Middle
and Central Ads) the impress of Ham upon Custom
ot only came relatively cry and really quickly
in the period following the fist Arab Conquest. but
tas also extremely stongand went extremely deep
And i should never be forgotten hat the essence
‘ot normative Islam resides inthe Sara
Intheligh ofthe above discussion, wenow consider
the rights, duties, and functions of the tc teed
representative councils, Coon's work has provided
Sein valuable guidelines, as hae an unpublished
y by Erol”
“The eirharbiim nabdsher, the council of the local
From esta agora.
ete it AE
ota written language. Quite frequen, however
igen investiator who Ps at ast fly gained
confidence of people may be presented ith writen
Sara documents (each of these types of door
nislso has own designation). Aso the second
Dors. 1 was only able to find one documen that
ipl be squarely atiuted 10 R, and that forthe
D Weienajen under the domination of "Abd al-Krim),
1 found a number of others that inpinge on
ziculary fine cllection af qarans published by
160.” provide most ivaliable documentar,
ipplement to the statements of elder informant
the subject, Indeed, Blanco à gun demonstrate
clay that although Custom may be conceived
THs infact more at tobe writen than ot
im down and dated Dy the fg as "minutes," 50
casino ter to hs ganans In his ch
TAs tothe question of Cusiom running counter 10
le Shara, this again forthe Ril atleast, is quite
sera es tive than might be imagined. Inet,
ep for (1) eollecive cats (which were abolished
by “Aba lr), the very ck of whether
ER not daughters ihr and 3 the pur fie
© ion of united plygyey provided ha every ith
Wie isa black, may be said that Custom and Musi
| Lae complement eachother, on diferent planes and
© in tere ways. Yet the domain 0f uch I, or was,
ually exclusive; the wide range of sets und actions
nbraced, for example, by thet of any srt wound
ce of Coo a ote gel Way Be
DR ne Sera oe tr
Ings, and murder, wheter ac, suspected OF at
tempted, fl ently within the province of Custom.
Custom was this concerne with the sanction by Ihe
council upon any actions that fall under the bic
of violence, and in Waryagharlnd this was a very
wide rubi inde. Ii for hs reason tha many
er have Hooked at ganuns or Costomsry Law
chartes as consisting of It, whether long ar sort,
of Do Not, und as "simple enumeration: of fines
for infactions." But they are much more than this
ven though they are cauched in Simple language
which was the most dret form of both appeal 10
and coercion of an extremely ilence-oriented socie.
Surdon, for example, hs claimed (or the Sus and
Ass rather than forthe Ri is tr) tat there
is asis inthe Shr forthe very widespread practice
‘ofthe council imposition of à eushingy heavy fine
‘ona man who committed mundo i the market, und
their subsequent bumin of his house if. a generally
happened, he was unable to pay.” However, 1 have
not found a sera of evidence to support this elim,
and an authority on Muslim Law has assured me tha
this i manifestly not the ease» It is evidently true,
35 Surdon states forthe Sus, ha the (an Arab
father than a Berber word, it shoul! be letal)
Is the penal complement of the Sha: thus inthe
Rian as wel a in the Sus context, the two should
properly be viewed as single unit, as two parts of
4 whole. In both regions (in const 10 he Middle
and Central Ads) the impress of Ham upon Custom
ot only came relatively cry and really quickly
in the period following the fist Arab Conquest. but
tas also extremely stongand went extremely deep
And i should never be forgotten hat the essence
‘ot normative Islam resides inthe Sara
Intheligh ofthe above discussion, wenow consider
the rights, duties, and functions of the tc teed
representative councils, Coon's work has provided
Sein valuable guidelines, as hae an unpublished
y by Erol”
“The eirharbiim nabdsher, the council of the local
From esta agora.
ete it AE
community typical handled the folowing types of
Offenen
"Theft of eggs and pouty.
‘Tall of maize.
Breaking of branches of fruit es,
Entering of gardens or cha unbiden
Collection of windfall olives,
That of olives.
Quarrel among women,
Entering of cemeteries occupied by women,
Enerng of sans“ tombs occupied by women,
Going springs or fountains ttendedby women,
Quaree in general
Regulation of atendance a prayer Ge. at the
noonday sermon on Frida).
13. Cutting of maize planted in contiguous plots of
lord. When he maize and plots concern belong
10 different individual, and the mae in the
{00 plots is not rowing atthe same rate, the
‘owner of the unripe maize may ask the owner
‘ofthe other fe noc o conte his harvesting
Uni both crops ae ip, for fea thats om
‘maize may be wodden upon during harvesting
‘This situation occur when, in order 10 enter
one plot of and, i necessary to tose Ihe
ter. I his cas, the local community council
procceds 10 establish an agreement between the
So india,
14. Vigilance over orchards and gardens. When the
time to pick vegetables or fruits has arved, he
Jima in nominates someone to Watch i nd,
in order co prevent theft and damage tothe rl
15. Bepining of grape picking. Individuals who own
vineyard must walt unt the jma’ ves the
Siento pick grapes. (This Was sil the practice
in Spanish vanes ut hae become lest an less
common sine independence)
16. Trespasin of goats or arde in a cemetery
Should goats or cows Wander into à someter
whether through the deliberate intention of ihr
ende or not the owner of the animals i as
of 1983 fined 25 posta, which i sed to bay
ticles forthe ded, or which goes in some Wea
or another toward the upkeep ofthe cemetery
17. Repair of inigaon ditches. Ha mun saps
‘working or doesnot werk onthe nization ieh
from which he gets his water, when he i quite
10 do so (as after a heavy rai, he mus pay
fine of 15 pesetas per man per day to all the
‘thers who hive been working on the dich, The
Sune applies shoul! he ask someone ese to
Subsite for him,
OF the above point, in Spanish times, numbers
1-11 had been assimilated under the juristition of
‘he Malzan, and number I under ha ofthe Shari
numbers 13-17 were all sl functioning. I should
be added, however, that th local Spanish adminis
tion created its own qanuns of the Rifian jma‘ath, ©
and that thse orginated from thew or Custom,
rola would have i hat they were orginally deal
A at the level ofthe ln council bt the evidence à
at hand indicates clearly tht these were affairs 0
be esolved at the level ofthe local community. They
ae as follows: () selection, maintenance, an regul.
(ion of relations withthe ai of the local community M
mosque: ©) construction, maintenance of, and vis
lance over iriiion ditches; ©) rights 10 wood,
Brushwoo, und pasurage 0) operation of planting À
and harvesting. in india own or private lands
e well as in collect or common Land: and (93
Vigilan over and sanction for trespassing upon and
damages tothe gardens, orchards, and il.
Most of the above points are already. subsumed
in ie resume of the dais of the local community
tive! iis merly representative ofthe Kind of pro
lens that come up repeatedly in everyday le, and,
ch the Community couns, deliberating Informal
ithe inthe local mosaueor under convenient shay
Ace, were competent 10 handle atthe local level
However, recourse to higher authority was the case M
uring the Spanish protectorate, given the greater MS
‘entalization and degree of brarcicl orderng of
an organized Sparish Makan and is personne,
‘which ‘consisted of a mary nerentr (an ay
pai) and a gl frm the tribe (it wil be recall
‘hatin Waryagharland there were thre goats) and
below the late, the la hai, besuch maaan,
and the community Jr A the Same tne, for Shara
Law and for justice, thee was algo 2 ga! fo
‘ich une, and his “ad or notaries,
We tura now to the ar nara’ or cla!
council, which met once a weck, eher in or JO
Of the precincts of the market, The cian councl at
the Wednesday market el Tawrir represent
and in discussing the seating protocol alone, uo ne &
ements wil be invodused. Fis, the council
members sat and deiberated under a huge caro tte
Just 0 meters south of the marke place: ths vs
‘eas knowns Diario Sil Hin, o of respec
forthe amrahe Sid Hd mii Haj Misa ud. He
as recognized and deferred 10 by th ly inghare
35 the top anighar of the market, even though the
lead he took was uno and bis role was essential
that of an informal moderatorinchiel. Second
Offenen
"Theft of eggs and pouty.
‘Tall of maize.
Breaking of branches of fruit es,
Entering of gardens or cha unbiden
Collection of windfall olives,
That of olives.
Quarrel among women,
Entering of cemeteries occupied by women,
Enerng of sans“ tombs occupied by women,
Going springs or fountains ttendedby women,
Quaree in general
Regulation of atendance a prayer Ge. at the
noonday sermon on Frida).
13. Cutting of maize planted in contiguous plots of
lord. When he maize and plots concern belong
10 different individual, and the mae in the
{00 plots is not rowing atthe same rate, the
‘owner of the unripe maize may ask the owner
‘ofthe other fe noc o conte his harvesting
Uni both crops ae ip, for fea thats om
‘maize may be wodden upon during harvesting
‘This situation occur when, in order 10 enter
one plot of and, i necessary to tose Ihe
ter. I his cas, the local community council
procceds 10 establish an agreement between the
So india,
14. Vigilance over orchards and gardens. When the
time to pick vegetables or fruits has arved, he
Jima in nominates someone to Watch i nd,
in order co prevent theft and damage tothe rl
15. Bepining of grape picking. Individuals who own
vineyard must walt unt the jma’ ves the
Siento pick grapes. (This Was sil the practice
in Spanish vanes ut hae become lest an less
common sine independence)
16. Trespasin of goats or arde in a cemetery
Should goats or cows Wander into à someter
whether through the deliberate intention of ihr
ende or not the owner of the animals i as
of 1983 fined 25 posta, which i sed to bay
ticles forthe ded, or which goes in some Wea
or another toward the upkeep ofthe cemetery
17. Repair of inigaon ditches. Ha mun saps
‘working or doesnot werk onthe nization ieh
from which he gets his water, when he i quite
10 do so (as after a heavy rai, he mus pay
fine of 15 pesetas per man per day to all the
‘thers who hive been working on the dich, The
Sune applies shoul! he ask someone ese to
Subsite for him,
OF the above point, in Spanish times, numbers
1-11 had been assimilated under the juristition of
‘he Malzan, and number I under ha ofthe Shari
numbers 13-17 were all sl functioning. I should
be added, however, that th local Spanish adminis
tion created its own qanuns of the Rifian jma‘ath, ©
and that thse orginated from thew or Custom,
rola would have i hat they were orginally deal
A at the level ofthe ln council bt the evidence à
at hand indicates clearly tht these were affairs 0
be esolved at the level ofthe local community. They
ae as follows: () selection, maintenance, an regul.
(ion of relations withthe ai of the local community M
mosque: ©) construction, maintenance of, and vis
lance over iriiion ditches; ©) rights 10 wood,
Brushwoo, und pasurage 0) operation of planting À
and harvesting. in india own or private lands
e well as in collect or common Land: and (93
Vigilan over and sanction for trespassing upon and
damages tothe gardens, orchards, and il.
Most of the above points are already. subsumed
in ie resume of the dais of the local community
tive! iis merly representative ofthe Kind of pro
lens that come up repeatedly in everyday le, and,
ch the Community couns, deliberating Informal
ithe inthe local mosaueor under convenient shay
Ace, were competent 10 handle atthe local level
However, recourse to higher authority was the case M
uring the Spanish protectorate, given the greater MS
‘entalization and degree of brarcicl orderng of
an organized Sparish Makan and is personne,
‘which ‘consisted of a mary nerentr (an ay
pai) and a gl frm the tribe (it wil be recall
‘hatin Waryagharland there were thre goats) and
below the late, the la hai, besuch maaan,
and the community Jr A the Same tne, for Shara
Law and for justice, thee was algo 2 ga! fo
‘ich une, and his “ad or notaries,
We tura now to the ar nara’ or cla!
council, which met once a weck, eher in or JO
Of the precincts of the market, The cian councl at
the Wednesday market el Tawrir represent
and in discussing the seating protocol alone, uo ne &
ements wil be invodused. Fis, the council
members sat and deiberated under a huge caro tte
Just 0 meters south of the marke place: ths vs
‘eas knowns Diario Sil Hin, o of respec
forthe amrahe Sid Hd mii Haj Misa ud. He
as recognized and deferred 10 by th ly inghare
35 the top anighar of the market, even though the
lead he took was uno and bis role was essential
that of an informal moderatorinchiel. Second
groupe under the re here were to distinct cres,
& smaller inner one consisting a he council members
{ersselves (Sid Hi, in hs white robes and green
status-prochiming turban, being prominent among.
them), and alger outer one consisting the ¡mara
the male members of those local communities that
provided the habia! constiuents ofthe market. The
er could come and go at wil but the former were
in session for most ofthe day. A the ay Imgharen
fom the Al Bu Kbit, Ath Aros, and lth Tu,
and even from the Axt Tuzin, to whom the market
se had originally belonged, invariably came to the
market armed always excepting the despised. Al
Tarik lineage of the Thawtahen, who had no guns
and who were batted from politcal participation in
any case). However, it war characterise OÙ Side
Himi’s status as a member of holy lineage that
hewas both esentäly pci and habitually urarned:
itis said that he owned ri, but i twas need
always ad aservant carry for im. This behavior
along With the fact that Sch Hoi general} guided
and steered the discussions, underscores the peace
‘making ole ofthe Bait hay Ineage. One tempted
Lo agre with Coon tht i he had ot been preset
the agrun would frequen have broken up in à
tute The business at hand was serious, but thee
as remarkably ile protocol connected wth i
beyond a tacit insstence on correct behavior and
decorum. The faihaor opening chapter of the Quran
as not recado begin the proceedings. AS soon
35 the principal imgharen were all present (and for
Feasons soon to be mado cea, it was thee wont 10
rive dead on tims), Sidi Hid obtained 9 quick
Fesumé from each of them on what events needing
aljudication had occreed in his aiiwick during the
Week, above and beyond the feuds read propres.
‘which everyone knew about but which were ste
forbidden on market day set. The cote members
hemselves were general} among the principal actors
in these same feuds on ater days of the week and
men who were sworn enemies often found themselves
facing or close 10 ach oer in the inne circo of
the agraw. Under such circumstances, each would
‘sully do his best o avoid having fo speak 10 he
her, unes he were ina relly cantankerous most
and wanted a verbal showdown. Comeciness and
© decorumnere the ideal agrawbehavor, but the violent
Tempers of the participants could rise all vo easily
tothe surface
The formal duties of the clan coun are consider
bly fewer in member than those of the counal of
the local community, bot they all dal with consider
ably graver offenses. A point of some importance
I that there is rather more overap between the duties
of the clan council und those of the write) soul,
than the somewhat ii listings given by Coon and
by Era would suggest The conser of the clan
oun include
1 Theft of livestock
2 Quarels between families, between lineages, or
between communities, I such quaerls should
each the last stage, they natural became a clan
alfa. forthe cn council then had 10 step ln
o support the decisions ofthe caune ofthe local
community. Fighting without weapons or with
‘Miksa Stones falls into this category, as Joes
Shooting at someone bt missing.
3. Eiteringa women's market or alg wth women
in a men's market, The later offense was not
venpossibiein the Wednesday maet of Tawi,
{rom which women were entirely excluded onthe
insistence of a memorably tough mgaddin ofthe
Ath Turin. Chis state of flair fst untl
the mgaddin' death 196)
4. Suspicions of aduley
5. Haga and bloodwealth paymens Gn certain con
text.
6. Attendance at mariage ceremonies outside the
local community
ofthese points, Erol stipulates, numbers 1-3 had
inSpanisimes beenssistod under the juridiction
of the Makhzan, and numbers 45, tobe discussed
in fal further on, under the juridiction of the Shara;
umber 6 was, and is today, sl foncioning, since
Councilors are invariably haved 10 the, mariage
ceremonies ofthe sons if nor of the daughters) of
er members of thir per groups outside their on
‘Sommunities. Their presence tends to puta brake on
¡de disposition of younger men lo gael and fight,
and this was particularly true during the publ
‘when everyone went armed to wedding,
The altar in goth, the False rial cou-
cit, me ony if specially sumonod in advance. The
sil meeting or agra site war the Sunday market
ff Tic, in the exact center of Waryaghatand
However, when Bu Hmara, the Pretender. appeared
atthe banks of the Nr in 1908, the tal council
ne Just on the opposite sie ofthe rivera the old
Wednesday market of Imzuren, where they were
joined by the councilors of the Ath “Amman in
‘order 10 decide on the order of balle agas him
And in Abd ab Erin tine, as Aylir became Bis
apt the politcal center of gravity in Waryagkarland
shifted thee, where hs remained o thi day
The concer of the bal comci, in addon (0
the relation of relations, whether ale, peace,
& smaller inner one consisting a he council members
{ersselves (Sid Hi, in hs white robes and green
status-prochiming turban, being prominent among.
them), and alger outer one consisting the ¡mara
the male members of those local communities that
provided the habia! constiuents ofthe market. The
er could come and go at wil but the former were
in session for most ofthe day. A the ay Imgharen
fom the Al Bu Kbit, Ath Aros, and lth Tu,
and even from the Axt Tuzin, to whom the market
se had originally belonged, invariably came to the
market armed always excepting the despised. Al
Tarik lineage of the Thawtahen, who had no guns
and who were batted from politcal participation in
any case). However, it war characterise OÙ Side
Himi’s status as a member of holy lineage that
hewas both esentäly pci and habitually urarned:
itis said that he owned ri, but i twas need
always ad aservant carry for im. This behavior
along With the fact that Sch Hoi general} guided
and steered the discussions, underscores the peace
‘making ole ofthe Bait hay Ineage. One tempted
Lo agre with Coon tht i he had ot been preset
the agrun would frequen have broken up in à
tute The business at hand was serious, but thee
as remarkably ile protocol connected wth i
beyond a tacit insstence on correct behavior and
decorum. The faihaor opening chapter of the Quran
as not recado begin the proceedings. AS soon
35 the principal imgharen were all present (and for
Feasons soon to be mado cea, it was thee wont 10
rive dead on tims), Sidi Hid obtained 9 quick
Fesumé from each of them on what events needing
aljudication had occreed in his aiiwick during the
Week, above and beyond the feuds read propres.
‘which everyone knew about but which were ste
forbidden on market day set. The cote members
hemselves were general} among the principal actors
in these same feuds on ater days of the week and
men who were sworn enemies often found themselves
facing or close 10 ach oer in the inne circo of
the agraw. Under such circumstances, each would
‘sully do his best o avoid having fo speak 10 he
her, unes he were ina relly cantankerous most
and wanted a verbal showdown. Comeciness and
© decorumnere the ideal agrawbehavor, but the violent
Tempers of the participants could rise all vo easily
tothe surface
The formal duties of the clan coun are consider
bly fewer in member than those of the counal of
the local community, bot they all dal with consider
ably graver offenses. A point of some importance
I that there is rather more overap between the duties
of the clan council und those of the write) soul,
than the somewhat ii listings given by Coon and
by Era would suggest The conser of the clan
oun include
1 Theft of livestock
2 Quarels between families, between lineages, or
between communities, I such quaerls should
each the last stage, they natural became a clan
alfa. forthe cn council then had 10 step ln
o support the decisions ofthe caune ofthe local
community. Fighting without weapons or with
‘Miksa Stones falls into this category, as Joes
Shooting at someone bt missing.
3. Eiteringa women's market or alg wth women
in a men's market, The later offense was not
venpossibiein the Wednesday maet of Tawi,
{rom which women were entirely excluded onthe
insistence of a memorably tough mgaddin ofthe
Ath Turin. Chis state of flair fst untl
the mgaddin' death 196)
4. Suspicions of aduley
5. Haga and bloodwealth paymens Gn certain con
text.
6. Attendance at mariage ceremonies outside the
local community
ofthese points, Erol stipulates, numbers 1-3 had
inSpanisimes beenssistod under the juridiction
of the Makhzan, and numbers 45, tobe discussed
in fal further on, under the juridiction of the Shara;
umber 6 was, and is today, sl foncioning, since
Councilors are invariably haved 10 the, mariage
ceremonies ofthe sons if nor of the daughters) of
er members of thir per groups outside their on
‘Sommunities. Their presence tends to puta brake on
¡de disposition of younger men lo gael and fight,
and this was particularly true during the publ
‘when everyone went armed to wedding,
The altar in goth, the False rial cou-
cit, me ony if specially sumonod in advance. The
sil meeting or agra site war the Sunday market
ff Tic, in the exact center of Waryaghatand
However, when Bu Hmara, the Pretender. appeared
atthe banks of the Nr in 1908, the tal council
ne Just on the opposite sie ofthe rivera the old
Wednesday market of Imzuren, where they were
joined by the councilors of the Ath “Amman in
‘order 10 decide on the order of balle agas him
And in Abd ab Erin tine, as Aylir became Bis
apt the politcal center of gravity in Waryagkarland
shifted thee, where hs remained o thi day
The concer of the bal comci, in addon (0
the relation of relations, whether ale, peace,
reutral or hostile, with other neighboring tios,
And/or with the Makhzan ands represen
Inport than those ofthe clan couse. They included
1 Woundings and injuries
2. Murder, feuds, avd li linces.
3. On cision, adler, in all ramifications.
‘Of those, numbers 1-2 were, during the Spanish
protectorate, assimilted under the jurisdiction ofthe
Maklzan, and number 3 under that of the Shara
After the protectorate was established, there Was no
longer à functioning tribal coune Far al practic!
purposes tb "ur ad died andthe Shura had fly
{ken over however, he fll implation: of hi fac
illemerge only when wo discuss he internal forms
of "Abd a Ka.
Since punishments for adultery have already been
eal within Chapter $, we now turn 10 those for
‘woundingsand womurder and othe cri distincion
the Alk Waryaghar make between the concep of
hag fies for murder and tat of ordinary blood:
wea This istaction, in my vi, cold have arisen
‘only ina society vitally dominated by the biodfeu
A his eaivelyeay point inthe discussion of one
fof the centerpieces of the whole politcal system,
however, we shal approach, ft, fom à cursory
examination af some ofthe Ath Waryughar ganan
SS propounded by Eno Blanco Izaga, We sul hen
be in a postion to deal withthe problem of haga
fines ters of the xten to whit thet dstbuton
elle the Segmentary system, und thea, in Chapter
13, in terms of the extent to which they are linked
ES
THE QANUNS: FORM, CONTENT, AND
EFFECTIVENESS
Ennio blanco Ezapa's work La Ley Rifeña (1999)
caries photostatic copies of txt, with translations
and commentaries, of less than seven Al
‘Waryaghar qanuns, each of which illstrates the blk
of he points made in the preceding section at the
level of the local comuni, the can, or the trib,
The ganms bring these pins to lie, and we shall
now focus upon these qanuns—which are invariably
‘Kept rolled up in reed containers and these locked
into wooden boxes, by thelr owner. om the
points of form, overall content, and effec
The question of form is relative simple, since
the format of al Customary Law gamuns à both
remariably “uniform and semurkably rd, being
imposed bythe legal practices of "normative" lat
"The very first phrase in all of them i the invocation
atau eLo or al Hama E Llal wuhldaht)
Prise beto God” or "Praise be o God The One
The second element may vary slightly, such variation
being a funtion of the nature of he qunan Heel
IFA is a ue or peace teat (sl) between the
members ol evo King Iincages aná her lies, for
Example, the two lineages, as well asthe als of
bo, ae sted by mame, because all of them had
Lo appear in their abu markets in onde 10 onda
the trace negotnins, and their presence there Was
‘uly noted by the fih or the noary whe drew up
the document In such a ese it is aso stl fr the
very firstname on eso be tar of the adjudican
amrabt who effected Ihe trae, I th document ie
the gan of a given Local Community or of several
communis sharing a common Friday mosque, then,
Bikes, the lineage heads or dde pls any other
notables of that community are all sed by name
35 being in agreement ith what ls o follo. Such
A ing has the effect of min the ganun tothe
community or communities concerns, If, however,
the ganan is 10 apply 10 a whole dan ar subchn,
thermes o individuals nd even ot individual lineages
are generally omitted, andthe phascology now shite
to “all the members of Can X, adults and minors”
it, inggronen dhimzsyunen, or Ar, abkiber wa
rshar, by which term and under which nur the
«anun becomes universal appiabl to that clan
“The third element isthe content propor of the
document, 10 which we retom below. The fourth
lement mayor may not be à father sting ol names,
Usual of those individuals who are to act 6 gran
{ors (dumman, sing. damin) of the document. This
Fist pote al tet" in Hocbe' ters,» both ime
the content in element tre and into the generally
longer ring of names in clement two. The fifth
element Cor he fourth there is na sof guante).
isthe date, reckoned onthe bai of the Mas Tora
Year, atthe signature by the necessary two notaries
The fal element, general in aileret handwriting
isthe homologation by the gad, without whose signa
tore the document is technical invalid. The fact
however that ou of Blnco's seven Waryaghar gar
uns, only one ha of he AUN “Allah” bears
gai signature is eloquent testimony tothe sear
‘of aadisin Waryagharland daring the Ripublik, Indes
‘of my 36 document from the Ait Tart, only three
have been signed by gadis two during Ihe Rill,
y quo who came from the Igzimasen, and one
Sot gg it. e Lex Pont an. Con
ot
And/or with the Makhzan ands represen
Inport than those ofthe clan couse. They included
1 Woundings and injuries
2. Murder, feuds, avd li linces.
3. On cision, adler, in all ramifications.
‘Of those, numbers 1-2 were, during the Spanish
protectorate, assimilted under the jurisdiction ofthe
Maklzan, and number 3 under that of the Shara
After the protectorate was established, there Was no
longer à functioning tribal coune Far al practic!
purposes tb "ur ad died andthe Shura had fly
{ken over however, he fll implation: of hi fac
illemerge only when wo discuss he internal forms
of "Abd a Ka.
Since punishments for adultery have already been
eal within Chapter $, we now turn 10 those for
‘woundingsand womurder and othe cri distincion
the Alk Waryaghar make between the concep of
hag fies for murder and tat of ordinary blood:
wea This istaction, in my vi, cold have arisen
‘only ina society vitally dominated by the biodfeu
A his eaivelyeay point inthe discussion of one
fof the centerpieces of the whole politcal system,
however, we shal approach, ft, fom à cursory
examination af some ofthe Ath Waryughar ganan
SS propounded by Eno Blanco Izaga, We sul hen
be in a postion to deal withthe problem of haga
fines ters of the xten to whit thet dstbuton
elle the Segmentary system, und thea, in Chapter
13, in terms of the extent to which they are linked
ES
THE QANUNS: FORM, CONTENT, AND
EFFECTIVENESS
Ennio blanco Ezapa's work La Ley Rifeña (1999)
caries photostatic copies of txt, with translations
and commentaries, of less than seven Al
‘Waryaghar qanuns, each of which illstrates the blk
of he points made in the preceding section at the
level of the local comuni, the can, or the trib,
The ganms bring these pins to lie, and we shall
now focus upon these qanuns—which are invariably
‘Kept rolled up in reed containers and these locked
into wooden boxes, by thelr owner. om the
points of form, overall content, and effec
The question of form is relative simple, since
the format of al Customary Law gamuns à both
remariably “uniform and semurkably rd, being
imposed bythe legal practices of "normative" lat
"The very first phrase in all of them i the invocation
atau eLo or al Hama E Llal wuhldaht)
Prise beto God” or "Praise be o God The One
The second element may vary slightly, such variation
being a funtion of the nature of he qunan Heel
IFA is a ue or peace teat (sl) between the
members ol evo King Iincages aná her lies, for
Example, the two lineages, as well asthe als of
bo, ae sted by mame, because all of them had
Lo appear in their abu markets in onde 10 onda
the trace negotnins, and their presence there Was
‘uly noted by the fih or the noary whe drew up
the document In such a ese it is aso stl fr the
very firstname on eso be tar of the adjudican
amrabt who effected Ihe trae, I th document ie
the gan of a given Local Community or of several
communis sharing a common Friday mosque, then,
Bikes, the lineage heads or dde pls any other
notables of that community are all sed by name
35 being in agreement ith what ls o follo. Such
A ing has the effect of min the ganun tothe
community or communities concerns, If, however,
the ganan is 10 apply 10 a whole dan ar subchn,
thermes o individuals nd even ot individual lineages
are generally omitted, andthe phascology now shite
to “all the members of Can X, adults and minors”
it, inggronen dhimzsyunen, or Ar, abkiber wa
rshar, by which term and under which nur the
«anun becomes universal appiabl to that clan
“The third element isthe content propor of the
document, 10 which we retom below. The fourth
lement mayor may not be à father sting ol names,
Usual of those individuals who are to act 6 gran
{ors (dumman, sing. damin) of the document. This
Fist pote al tet" in Hocbe' ters,» both ime
the content in element tre and into the generally
longer ring of names in clement two. The fifth
element Cor he fourth there is na sof guante).
isthe date, reckoned onthe bai of the Mas Tora
Year, atthe signature by the necessary two notaries
The fal element, general in aileret handwriting
isthe homologation by the gad, without whose signa
tore the document is technical invalid. The fact
however that ou of Blnco's seven Waryaghar gar
uns, only one ha of he AUN “Allah” bears
gai signature is eloquent testimony tothe sear
‘of aadisin Waryagharland daring the Ripublik, Indes
‘of my 36 document from the Ait Tart, only three
have been signed by gadis two during Ihe Rill,
y quo who came from the Igzimasen, and one
Sot gg it. e Lex Pont an. Con
ot
mariage document dated 1957. I i thus safe to
ay th prior lo "Abd l-Krim- insel gado ud
fr" gad‘ ot qui,” as well as theft rely effective
‘nein he reion-=the exsence of gadis in the Cental
| Rif in general vs almost il and the rather rested
À domain of the Shar'a was handed almost entirely
by the local fit or tal
this same connection, Blanco makes point of
| some relevance: the general scarcity of Arie los
in the Waryaghar gen In only one of hi dan
instal of the Aith Khatab do the Arabic ties
qed, ras, and shaith appear, the fist and second
ne cach, ande thir many times: biti sigla
that this ganan is also the only one in which the
as st the ons Ls ol notables
In my 36 Alh Tat documents, te terms maad-
‘im and quid each appear only once, the later in
"Abd al rim. Yer in 28 documents from the Lin
nayen, the tem atharbiin” for example, appears
© 19 tes than cight times. Generally. however: for
imonctary units for Kiship and segmentar) nage
À erminolgy, and for terms denoting stos, te
E fu ho drew up the document (whe wanting at
own Arabi idiom, one tat was almost aly
mele to the pragmatic imgharen whose words
"were being taken down. To ths da, ay tribesnen,
er 10 ths elevated syle as "he language of the
(Even in ordinary eter wring,
is considered highly proper 10 employ spiel
Phrase of Literary Arabic, even though the essential
message may only be; "How are you? 1 am fine" —
“Which in Moroccan conversation revels around the
SSeS ye ob eke
‘endlessly repented formula La bas “lit, It, “No
vil uno you")
The above remarks are suíficion to indicate that
here isa great respec for the form of a document,
even though not al the niceties of that form may
be entirely understood. Content, however I quie
another matter, and Because ofthe manner in which
ganuns ate des up, without parugraphing, and with
al poiemüal semences connested to eachother by
va, “ant.” one finds oneset suddenly sing into
the coté of the document, almost without warning.
In my experience and Blanco à gonan Der this Out
as well the actual comen of à document f seldom
ever more than hal its otal ena, which is never
‘more than a single sheet of closely spaced amd often
Very rabo! handwriting. Really long Customary Law
documents, of the sort reported fom the Sus and
the Ant Als, which muy occupy fom ten to twenty
‘rmoe folios or pages ol Arbie Srp, are compi
‘us by their absence i the Ri
[AS Blanco rightly sas, the legal Let were put
into any qumun by the folowing fourfold proces
(the agreement of the ingharen on the points at
hand; (2) the witnessing ofthis agreement by a prom
neat member of bly lineage resident in te cla,
Arc; G) the drawing up of the document by a talib
ora ah te codification” and (3) the proclama.
thon ofthe new gamin the market by the abamaı
or market ever. Ths the isingof "do nts became
known to all and sundry. One assumes that i any
ofthe stipulations were to be modified or changed
at Tater date, then a new aanın would be drawn
"ip because, again contrast 10 the Sus and Atlas
ters, the Al Waryaghar anus Cons no
Allen.
“The content of most guns is souched in negative
ers trough listing ol nfracions,wih their ore
sponding evaluation in fines 10 De paid Typically
they proceed in enumeration from the graves offenses
o the least, What i of primary importance i that
ar greater attention spa o murder nd it sanctions
ha o theft. The sanctions for murder are, variously,
payment of the hag fine by the murdret to he
¿meharen, and, i he does ot pay, the During of his
house and propery by the imgharen, pus his easing
enforced exile, if, a i often the case, he cannot
make the prescribed payment of Bose to hi
Vitis agrates, The disparity in amounts of fines
{ormurderandin those of fines fo beta enormous
The late ate, by comparison, vitally fosa of
asincdentals, shoul they receive mention in a gan
that discusses homicide; this fact alone underscores
ay th prior lo "Abd l-Krim- insel gado ud
fr" gad‘ ot qui,” as well as theft rely effective
‘nein he reion-=the exsence of gadis in the Cental
| Rif in general vs almost il and the rather rested
À domain of the Shar'a was handed almost entirely
by the local fit or tal
this same connection, Blanco makes point of
| some relevance: the general scarcity of Arie los
in the Waryaghar gen In only one of hi dan
instal of the Aith Khatab do the Arabic ties
qed, ras, and shaith appear, the fist and second
ne cach, ande thir many times: biti sigla
that this ganan is also the only one in which the
as st the ons Ls ol notables
In my 36 Alh Tat documents, te terms maad-
‘im and quid each appear only once, the later in
"Abd al rim. Yer in 28 documents from the Lin
nayen, the tem atharbiin” for example, appears
© 19 tes than cight times. Generally. however: for
imonctary units for Kiship and segmentar) nage
À erminolgy, and for terms denoting stos, te
E fu ho drew up the document (whe wanting at
own Arabi idiom, one tat was almost aly
mele to the pragmatic imgharen whose words
"were being taken down. To ths da, ay tribesnen,
er 10 ths elevated syle as "he language of the
(Even in ordinary eter wring,
is considered highly proper 10 employ spiel
Phrase of Literary Arabic, even though the essential
message may only be; "How are you? 1 am fine" —
“Which in Moroccan conversation revels around the
SSeS ye ob eke
‘endlessly repented formula La bas “lit, It, “No
vil uno you")
The above remarks are suíficion to indicate that
here isa great respec for the form of a document,
even though not al the niceties of that form may
be entirely understood. Content, however I quie
another matter, and Because ofthe manner in which
ganuns ate des up, without parugraphing, and with
al poiemüal semences connested to eachother by
va, “ant.” one finds oneset suddenly sing into
the coté of the document, almost without warning.
In my experience and Blanco à gonan Der this Out
as well the actual comen of à document f seldom
ever more than hal its otal ena, which is never
‘more than a single sheet of closely spaced amd often
Very rabo! handwriting. Really long Customary Law
documents, of the sort reported fom the Sus and
the Ant Als, which muy occupy fom ten to twenty
‘rmoe folios or pages ol Arbie Srp, are compi
‘us by their absence i the Ri
[AS Blanco rightly sas, the legal Let were put
into any qumun by the folowing fourfold proces
(the agreement of the ingharen on the points at
hand; (2) the witnessing ofthis agreement by a prom
neat member of bly lineage resident in te cla,
Arc; G) the drawing up of the document by a talib
ora ah te codification” and (3) the proclama.
thon ofthe new gamin the market by the abamaı
or market ever. Ths the isingof "do nts became
known to all and sundry. One assumes that i any
ofthe stipulations were to be modified or changed
at Tater date, then a new aanın would be drawn
"ip because, again contrast 10 the Sus and Atlas
ters, the Al Waryaghar anus Cons no
Allen.
“The content of most guns is souched in negative
ers trough listing ol nfracions,wih their ore
sponding evaluation in fines 10 De paid Typically
they proceed in enumeration from the graves offenses
o the least, What i of primary importance i that
ar greater attention spa o murder nd it sanctions
ha o theft. The sanctions for murder are, variously,
payment of the hag fine by the murdret to he
¿meharen, and, i he does ot pay, the During of his
house and propery by the imgharen, pus his easing
enforced exile, if, a i often the case, he cannot
make the prescribed payment of Bose to hi
Vitis agrates, The disparity in amounts of fines
{ormurderandin those of fines fo beta enormous
The late ate, by comparison, vitally fosa of
asincdentals, shoul they receive mention in a gan
that discusses homicide; this fact alone underscores
the Al Waryaghar ade that thet, ike Romosox
‘ality, is looked down upon ss a "Iban activity
Murder, on the other hand, i (or was) another
mater emily. Whatever recciminaion the Ath
Waryaphar of today may have about the behavior
‘of ther grandfathers in this regard, there ino dut
‘hata base underying alu of the society in general
‘was that human fe was cheap: a man made hie math,
in the word hy gunning dow hs pects in the blood
feud. (is no accident thatthe relatively more so
phisicaed Al Warjagha of today who have ba
Exposed 1 fins invariably show a marked preference
for “Westerns” and war ims than for any other
kind, and forthe brave man who shoots dow hs
«adversaries in single combat. Egyptian love fins, on
the other hand, make litle impression, and only
produce either angry remarks tothe effet that “love
IS for bed. or derisive comments tothe effect that
the leading lady would do far beter with eal man
from Waryagharland than with a cowardly. Caiene
ctor Inher words, he horizons are greatly expand
ing, but the basic semimente remain unchanged)
Tes procisely for this reason thatthe acephalous
body pale, quite powerless to stop Noodicuding,
since so many os members were so closely involved
in feuds themselves, atleast devised à method of
hash repression for anyone who attempted to cary
the Feu tothe marketplace onthe one day of peace
per week. This device was the hag fine for murder,
Which the imgharen traditional exacte from any
‘one who Ki an enemy either in the market or on
path leading too fom if, om market day
‘On this crucial concept we may, forthe moment,
let Blanco ganans speak for themselves Thee of
themare very explicit indeed Ths ofthe Ah "AA.
Jah, in particular, clamps down very hard upon any
incidents. premeditted or not, at ih tke place
in he (now defunct) Tuesday marke of "Ain Tal
livin. specifiy stipulates murders, wounding,
‘shots, ins, strangulation, and stoning, and
foes on to pillaging and sacking. Anyone whe ls
another person within the market precincts and who
is caught doing so wil be shot on the spot, 1 he
has not Been captured and hs fled to anther tie
the impharen wll impose à fine of 2,00 dros pon
him and wl burn his house down tots foundations.
‘The same fine willbe applied nat only to King on
any of the paths lading to the market, but leo o
Kiling within the whole of the clan terry of the
se tas ser ely
2
|
Ath ‘Abdallah on market day. In the later case, the
nutter wil pay Bi fine he comnited the deed) À
alone, but several men commited together, each |
Of them shall pay 2.00 duros piece 10 the come |
members. Anyone who wounds another will pay 1000
‘ares, and a man who shoots at anıher and misses
vil pay 00 dros. Thus intent toil penalized
as wel according to the graded sale.” From these
eva levels of payment, we move down 10 the =
following, which ar sil couched in the same vein: >
a fine of 80 dros for anyone who takes janie nu
bis own hands (Le “by beating up another person =
in der to collect a deh), andthe same for anyone
‘who wilfully auacks another on a path leading 02
he markets fin of 1 dos or anyone who provokes,
an incident in the market, or who beats anyone che
‘on the bead with a sick, casing blood to flow; sod
“stone, o for anyone who, in amy of he above cases,
‘Somes to the aid af Mn aguas. No requests for
pardons shal be Lien o. mor ha any ofthe ins
be commuted; and or the purposes of the above, =
Tuesday, market dy, beginn a dawn and ends at
sunseinsofar as all the AUN Abdallah are concerned, 1
Insofar as Strangers are concerned, market day iy =
considered asain for tre days Monday, Tues
to come Safely to the market and to return safely
{other homes. Anal, the event tat suffice
2 Suspected individual, he must sed
Sumaby seoletve one, wih eleven other agate,
inthe mosque andon the Qur'an ona Frida, although =
one of this is stipulated) in order to be acquitted
‘We may note that in ths game thers is no mention
whatsoover of thet This Ais “Allah Customary
Law document bear the date of June 16, 1917
The gan of te Ath “AUbia Suba ofthe A
ne Nona ie A“ caso
‘ality, is looked down upon ss a "Iban activity
Murder, on the other hand, i (or was) another
mater emily. Whatever recciminaion the Ath
Waryaphar of today may have about the behavior
‘of ther grandfathers in this regard, there ino dut
‘hata base underying alu of the society in general
‘was that human fe was cheap: a man made hie math,
in the word hy gunning dow hs pects in the blood
feud. (is no accident thatthe relatively more so
phisicaed Al Warjagha of today who have ba
Exposed 1 fins invariably show a marked preference
for “Westerns” and war ims than for any other
kind, and forthe brave man who shoots dow hs
«adversaries in single combat. Egyptian love fins, on
the other hand, make litle impression, and only
produce either angry remarks tothe effet that “love
IS for bed. or derisive comments tothe effect that
the leading lady would do far beter with eal man
from Waryagharland than with a cowardly. Caiene
ctor Inher words, he horizons are greatly expand
ing, but the basic semimente remain unchanged)
Tes procisely for this reason thatthe acephalous
body pale, quite powerless to stop Noodicuding,
since so many os members were so closely involved
in feuds themselves, atleast devised à method of
hash repression for anyone who attempted to cary
the Feu tothe marketplace onthe one day of peace
per week. This device was the hag fine for murder,
Which the imgharen traditional exacte from any
‘one who Ki an enemy either in the market or on
path leading too fom if, om market day
‘On this crucial concept we may, forthe moment,
let Blanco ganans speak for themselves Thee of
themare very explicit indeed Ths ofthe Ah "AA.
Jah, in particular, clamps down very hard upon any
incidents. premeditted or not, at ih tke place
in he (now defunct) Tuesday marke of "Ain Tal
livin. specifiy stipulates murders, wounding,
‘shots, ins, strangulation, and stoning, and
foes on to pillaging and sacking. Anyone whe ls
another person within the market precincts and who
is caught doing so wil be shot on the spot, 1 he
has not Been captured and hs fled to anther tie
the impharen wll impose à fine of 2,00 dros pon
him and wl burn his house down tots foundations.
‘The same fine willbe applied nat only to King on
any of the paths lading to the market, but leo o
Kiling within the whole of the clan terry of the
se tas ser ely
2
|
Ath ‘Abdallah on market day. In the later case, the
nutter wil pay Bi fine he comnited the deed) À
alone, but several men commited together, each |
Of them shall pay 2.00 duros piece 10 the come |
members. Anyone who wounds another will pay 1000
‘ares, and a man who shoots at anıher and misses
vil pay 00 dros. Thus intent toil penalized
as wel according to the graded sale.” From these
eva levels of payment, we move down 10 the =
following, which ar sil couched in the same vein: >
a fine of 80 dros for anyone who takes janie nu
bis own hands (Le “by beating up another person =
in der to collect a deh), andthe same for anyone
‘who wilfully auacks another on a path leading 02
he markets fin of 1 dos or anyone who provokes,
an incident in the market, or who beats anyone che
‘on the bead with a sick, casing blood to flow; sod
“stone, o for anyone who, in amy of he above cases,
‘Somes to the aid af Mn aguas. No requests for
pardons shal be Lien o. mor ha any ofthe ins
be commuted; and or the purposes of the above, =
Tuesday, market dy, beginn a dawn and ends at
sunseinsofar as all the AUN Abdallah are concerned, 1
Insofar as Strangers are concerned, market day iy =
considered asain for tre days Monday, Tues
to come Safely to the market and to return safely
{other homes. Anal, the event tat suffice
2 Suspected individual, he must sed
Sumaby seoletve one, wih eleven other agate,
inthe mosque andon the Qur'an ona Frida, although =
one of this is stipulated) in order to be acquitted
‘We may note that in ths game thers is no mention
whatsoover of thet This Ais “Allah Customary
Law document bear the date of June 16, 1917
The gan of te Ath “AUbia Suba ofthe A
ne Nona ie A“ caso
mises." # The members ofthe communities in ques
| fpall went together to the tomb a Sd Haj “Arar
In ar-Rabda and sacrificed two lls Lo him, in order
9 commemorac an at of reconciliation and ace
“against him and
yn his and hi gnats” estate, dag them fom tei
es, and extract fom them a fine (hag, along
dered as devia in the text of 100 duos, Incase
ares o i font of
en be exactly the
e, except thatthe fine shall be doubled 10 2,000
mally, almost av an alega, there ithe
position of a fine of 10 duros for scaling a goat
a sheep, and one of $ duros for stealing barley
de dc ane 07 In feo,
foc tat dnt nt ly wih ny gen oma
Menem trey vero mes ee
Mare le or erie mue nd
ido os or md on sy ya ka >
DE rons mes te are
Dir nar, tg al cy cat ay
EN cw oth dat tater sated
ih nha gan el gd el 10
cont. ne hands ad à De ct
Il own pain cy
Bo oy tl dt nio te im
ny ase hs parti
“anun stipulates only 00 duos for murder in the
Bu "AR, where as
vn up, and 200 Gros fr missing the target and
taking justice
Pi one's own has (Le. "slip" and recover.
the stlen object; 10 duos for anyone discovered
E Je Monday women's market at Angr; and death
booting for inci Fos with shouts and gunshots,
Ar
gece iene a rsa ao
AUB FOLITICAL ANDJURAL SISTERS 29
as happened the people of Tatrasth, Ath Mu
Amar and Aji”
An interineage pact mude inthe sume market on
December 27, 1916, betwen two lowland! Inrabdhen,
lineages (the Tkidrinen and the Iwrazzihen), each
supported by carefully neta witnesses, decided that,
if either lineage broke the peace before a year was
up. it should pay 2.00 duros as fine. The neutral
inesses inthis case Being fom the Ath Vai "An
and the Ath "Ai, we this se à certain reversal of
roles: ly tesón, as arbitrators, Keeping a check.
on lay holy” neos,
‘Likewise, document drawa up inthe Wednesday
market of Tawi, dated February 27, 1918 stipulates
fine that may 8 as high as 4,00 dios for breaking
3 newly, concluded peace between two lineages of
{he Alh Tzurkhuh. This agreement ha been conclud-
fed previously in the (now defunct) Saturday market
91 Tazurakhh and was now being reinforeed at the
market of Tart. The reason for this renforcement
‘was that one sublineage concerned, Dhara n Sig,
ad broken the peace by Allg à member of Ml
Dhara npHajj ‘Amar after the original agement
had been made. The result was thi the Imgharen
ofthe Upper Aith Bu ‘Ayyach went forthe Dhara
Sidi neagetoth and al, Te ater, its state,
opted for sender om the very ral threat of Being
burmed out of house and home. The property tha
they handed over to the assembled couneilos of both
mars was asssted at 1,10 duros. This sum The
Ingharen gave tothe natos ofthe murderod man
three sublineages received 300 duros apiece; four
smaller ones received farther 30 tobe sp four
Ways and the ial 10 duos was pl im al between,
the sons of one man. The principle of equitable
Aistbation's of paramount importance inthe division
‘of haga fines, and such division was developed! ino
3 fine Structural at Indeed, «notation regarding the
lowland Ah “Ar in an unsigned Spanish administra
tive report dated 1928 indicates that here was not
enough money to go around evenly, matches were
bought and divided up. Ti case may be apocryphal,
ut has an autentica opaca ring.
Further information on the notion of agg in he
‘qanunframeworks provided the qanundocuments,
that T gathered personally from the Ah Turth and
Timar2g subelans and fou the Igzimayen. The Al
Turin case (my AR Turin MS. 3 8 unfortunately
undated kun involves a very prominent member of
‘he mj inage, Muh "Amar Uzzugwagh I seems.
tar the Ant Y lineage uf the ANE Tui had to
pay a Ragg of 1,000 duros to the Ah Bu Kh and
Since at the tine they could not raise the money,
| fpall went together to the tomb a Sd Haj “Arar
In ar-Rabda and sacrificed two lls Lo him, in order
9 commemorac an at of reconciliation and ace
“against him and
yn his and hi gnats” estate, dag them fom tei
es, and extract fom them a fine (hag, along
dered as devia in the text of 100 duos, Incase
ares o i font of
en be exactly the
e, except thatthe fine shall be doubled 10 2,000
mally, almost av an alega, there ithe
position of a fine of 10 duros for scaling a goat
a sheep, and one of $ duros for stealing barley
de dc ane 07 In feo,
foc tat dnt nt ly wih ny gen oma
Menem trey vero mes ee
Mare le or erie mue nd
ido os or md on sy ya ka >
DE rons mes te are
Dir nar, tg al cy cat ay
EN cw oth dat tater sated
ih nha gan el gd el 10
cont. ne hands ad à De ct
Il own pain cy
Bo oy tl dt nio te im
ny ase hs parti
“anun stipulates only 00 duos for murder in the
Bu "AR, where as
vn up, and 200 Gros fr missing the target and
taking justice
Pi one's own has (Le. "slip" and recover.
the stlen object; 10 duos for anyone discovered
E Je Monday women's market at Angr; and death
booting for inci Fos with shouts and gunshots,
Ar
gece iene a rsa ao
AUB FOLITICAL ANDJURAL SISTERS 29
as happened the people of Tatrasth, Ath Mu
Amar and Aji”
An interineage pact mude inthe sume market on
December 27, 1916, betwen two lowland! Inrabdhen,
lineages (the Tkidrinen and the Iwrazzihen), each
supported by carefully neta witnesses, decided that,
if either lineage broke the peace before a year was
up. it should pay 2.00 duros as fine. The neutral
inesses inthis case Being fom the Ath Vai "An
and the Ath "Ai, we this se à certain reversal of
roles: ly tesón, as arbitrators, Keeping a check.
on lay holy” neos,
‘Likewise, document drawa up inthe Wednesday
market of Tawi, dated February 27, 1918 stipulates
fine that may 8 as high as 4,00 dios for breaking
3 newly, concluded peace between two lineages of
{he Alh Tzurkhuh. This agreement ha been conclud-
fed previously in the (now defunct) Saturday market
91 Tazurakhh and was now being reinforeed at the
market of Tart. The reason for this renforcement
‘was that one sublineage concerned, Dhara n Sig,
ad broken the peace by Allg à member of Ml
Dhara npHajj ‘Amar after the original agement
had been made. The result was thi the Imgharen
ofthe Upper Aith Bu ‘Ayyach went forthe Dhara
Sidi neagetoth and al, Te ater, its state,
opted for sender om the very ral threat of Being
burmed out of house and home. The property tha
they handed over to the assembled couneilos of both
mars was asssted at 1,10 duros. This sum The
Ingharen gave tothe natos ofthe murderod man
three sublineages received 300 duros apiece; four
smaller ones received farther 30 tobe sp four
Ways and the ial 10 duos was pl im al between,
the sons of one man. The principle of equitable
Aistbation's of paramount importance inthe division
‘of haga fines, and such division was developed! ino
3 fine Structural at Indeed, «notation regarding the
lowland Ah “Ar in an unsigned Spanish administra
tive report dated 1928 indicates that here was not
enough money to go around evenly, matches were
bought and divided up. Ti case may be apocryphal,
ut has an autentica opaca ring.
Further information on the notion of agg in he
‘qanunframeworks provided the qanundocuments,
that T gathered personally from the Ah Turth and
Timar2g subelans and fou the Igzimayen. The Al
Turin case (my AR Turin MS. 3 8 unfortunately
undated kun involves a very prominent member of
‘he mj inage, Muh "Amar Uzzugwagh I seems.
tar the Ant Y lineage uf the ANE Tui had to
pay a Ragg of 1,000 duros to the Ah Bu Kh and
Since at the tine they could not raise the money,
they asked Muh Amar Uzruguagh, ther cross
nba sponsor (amin) in Weryagharland to de so.
‘The list was cuefuly made out, and five spokesmen
‘ofthe Ah Ba Kivi received 836 duros. The remaining
164 of the orignal 1.000 were posted by Nl
Amar Uzzugwagh a ik "comisión Only al
Sumsre given here, asthe txt self su ol smaller
individual contributions, ll of which indicate that
considerable discusion was taking place when the
money wat handed out,
The Timarzga case (Timaraga MS. 1, dated Nos
vember 3, 1912) deals withthe question of à hogy
payment by the Al “Amar mAs lineage of Asal,
for the King of two men of an Igzimayen lineage
resident in Afuzar, on the Timarga lehnen
border. The Ming had taken place well within
Waryagharlnd, near the old Saturday market of
leimmaren in the Aith Turin, The monetary fine
‘inthis instance was only 20 duros, tthe Ath "Amar
Alsa had o cede hall the land of two of thet
Sublineages 10 make up the rest of the prise. The
‘Tmarzg lineage was the owner of the Alora land,
now it went over tothe Igianayen (commurity of
Tihuwanen, sho have hl ever since,
‚The Igrimayen document (my Igzinnayen MS. 2,
ated May 3-10, 1908) concerns another os tal
kiling. The char of al the Igeimayen, as we
8 that of thee eastern neighbors of Ihe Tarn,
All mot over the murder of one of the later by one
Of the former. twas agred that 280 nels would
be paid as bloodealth or diya and twelve men From
among the murderersagnate ado swear acc
‘ath to the vitin’s father atthe tomb of Sil “An
Du Rguba in the Ast Yunis lan ofthe Igzmayon:
o doub at eas three of the men were cfa.
“guate ony, fr they were al imgharen of rent
ans. They swore tha the murder had agreed lo.
pay the above sum, and hat in addon, head speed
10 pay 200 rial. 2 goats, und 5 ers of olive ol
as haga 10 the alıharbin. OF this as. two tins
vas destined for the atari themselves, and one
third for their “common fund.” In this conection
itis noteworthy. that in Igimayenlan, oie
Waryagharland, the ingharen customary ate" part
ofthe hagg fine in a repat provided for them at
the expense ofthe munderr'sagnaes: in Waryaghar
land his was care he whole ofthe ha being turned
ver to the councors either in money sr in movable
(OF teal property assessed at a given price. The Al
Waryaghar viewpoint was one of “cash onthe Bar
he,
To terminate this section, we sill turn to Blanco’s
ann of Thamasind (or Tasasig).” dated May 28,
1868 This qomanis simpy one of Local community
and it sete primary 1 show the contrast add +
Lo above, between fino for thet and thse for mur
(allowing, of course, the length of time and change
in monetary values Between this gunum and the mich
later ones discussed above). The fine is 10 mithgls |
{or thet in orchards, gardens, or fil at wight, and
50 waa (about $ duos) for theft during the day In
the same places, with no indemnity o be Pad should
the thi be killed in the attempt. Unshesthing of a 1
stagger with inet 19 attack cost duro, and potting 4
il at a member of the jth costs 10 miga À
Entrance of animas into a neighbor's fields costs 10
maxis (1.0 peseta), All of the community must
contribue 10 the entertainment and feedang of any 4
nest who stays there, and realite il be fine |
ler a ost or one duo. Anyone le ng Water out
‘of à pond or an irigation ditch wth ut permision 1
15 10 be fined duro fr he pond nd 10 mithgls |
forthe lich Anyone opposed cor siting his share
10 the Jlleschoclmasters anal ation of baley oF
to his dimer every evening wilco be fined dre
And final, if the members 6£ ıbe Ama’ shoul
assemble and agree on some rater of importo al
anyone who disagrees with te decision wal be fined
Y duro This at, e may be added, is excellent
teal for any matters fat are not covered in the
nn ist
Te should now be abundantly clear that what
‘occtpied the mins of the Al Way agrave
was murder, fist and foremost. The discrepancy le
fines between murder and et demonstrates hat the 4
later was considered very secondary indeed. The hog
for murder in Waryagharland was extremely high OM
the hole double what twa, fr example ln e
‘ith Sida be ofthe Sinhaje Snr.” however, my
‘wn comparative researches in the ther tes of
the Central R show the Ah Waryaghar figures to
ave been the standard ones forthe segon. Ase
was cheap, so was murder fcquent, and this it i
‘obependizedif only for marke ay, ina prombiival J
heavy manner. But even with these harsh repressive
sanctions, of which the hagg forms the core a eh,
‘isposal the alar, viewed fom one ange, Were
powerless 10 stop the fea, or, fry another, were
instrumental in Starting 4 Here we arrive at the
Anarchy” tha id no exist tal if one were looking
at the system from the inside out bu that Could nt
fai to strike the observer viewing the whole fon
the outside, Intenso param intense compet
ze
pesa
nba sponsor (amin) in Weryagharland to de so.
‘The list was cuefuly made out, and five spokesmen
‘ofthe Ah Ba Kivi received 836 duros. The remaining
164 of the orignal 1.000 were posted by Nl
Amar Uzzugwagh a ik "comisión Only al
Sumsre given here, asthe txt self su ol smaller
individual contributions, ll of which indicate that
considerable discusion was taking place when the
money wat handed out,
The Timarzga case (Timaraga MS. 1, dated Nos
vember 3, 1912) deals withthe question of à hogy
payment by the Al “Amar mAs lineage of Asal,
for the King of two men of an Igzimayen lineage
resident in Afuzar, on the Timarga lehnen
border. The Ming had taken place well within
Waryagharlnd, near the old Saturday market of
leimmaren in the Aith Turin, The monetary fine
‘inthis instance was only 20 duros, tthe Ath "Amar
Alsa had o cede hall the land of two of thet
Sublineages 10 make up the rest of the prise. The
‘Tmarzg lineage was the owner of the Alora land,
now it went over tothe Igianayen (commurity of
Tihuwanen, sho have hl ever since,
‚The Igrimayen document (my Igzinnayen MS. 2,
ated May 3-10, 1908) concerns another os tal
kiling. The char of al the Igeimayen, as we
8 that of thee eastern neighbors of Ihe Tarn,
All mot over the murder of one of the later by one
Of the former. twas agred that 280 nels would
be paid as bloodealth or diya and twelve men From
among the murderersagnate ado swear acc
‘ath to the vitin’s father atthe tomb of Sil “An
Du Rguba in the Ast Yunis lan ofthe Igzmayon:
o doub at eas three of the men were cfa.
“guate ony, fr they were al imgharen of rent
ans. They swore tha the murder had agreed lo.
pay the above sum, and hat in addon, head speed
10 pay 200 rial. 2 goats, und 5 ers of olive ol
as haga 10 the alıharbin. OF this as. two tins
vas destined for the atari themselves, and one
third for their “common fund.” In this conection
itis noteworthy. that in Igimayenlan, oie
Waryagharland, the ingharen customary ate" part
ofthe hagg fine in a repat provided for them at
the expense ofthe munderr'sagnaes: in Waryaghar
land his was care he whole ofthe ha being turned
ver to the councors either in money sr in movable
(OF teal property assessed at a given price. The Al
Waryaghar viewpoint was one of “cash onthe Bar
he,
To terminate this section, we sill turn to Blanco’s
ann of Thamasind (or Tasasig).” dated May 28,
1868 This qomanis simpy one of Local community
and it sete primary 1 show the contrast add +
Lo above, between fino for thet and thse for mur
(allowing, of course, the length of time and change
in monetary values Between this gunum and the mich
later ones discussed above). The fine is 10 mithgls |
{or thet in orchards, gardens, or fil at wight, and
50 waa (about $ duos) for theft during the day In
the same places, with no indemnity o be Pad should
the thi be killed in the attempt. Unshesthing of a 1
stagger with inet 19 attack cost duro, and potting 4
il at a member of the jth costs 10 miga À
Entrance of animas into a neighbor's fields costs 10
maxis (1.0 peseta), All of the community must
contribue 10 the entertainment and feedang of any 4
nest who stays there, and realite il be fine |
ler a ost or one duo. Anyone le ng Water out
‘of à pond or an irigation ditch wth ut permision 1
15 10 be fined duro fr he pond nd 10 mithgls |
forthe lich Anyone opposed cor siting his share
10 the Jlleschoclmasters anal ation of baley oF
to his dimer every evening wilco be fined dre
And final, if the members 6£ ıbe Ama’ shoul
assemble and agree on some rater of importo al
anyone who disagrees with te decision wal be fined
Y duro This at, e may be added, is excellent
teal for any matters fat are not covered in the
nn ist
Te should now be abundantly clear that what
‘occtpied the mins of the Al Way agrave
was murder, fist and foremost. The discrepancy le
fines between murder and et demonstrates hat the 4
later was considered very secondary indeed. The hog
for murder in Waryagharland was extremely high OM
the hole double what twa, fr example ln e
‘ith Sida be ofthe Sinhaje Snr.” however, my
‘wn comparative researches in the ther tes of
the Central R show the Ah Waryaghar figures to
ave been the standard ones forthe segon. Ase
was cheap, so was murder fcquent, and this it i
‘obependizedif only for marke ay, ina prombiival J
heavy manner. But even with these harsh repressive
sanctions, of which the hagg forms the core a eh,
‘isposal the alar, viewed fom one ange, Were
powerless 10 stop the fea, or, fry another, were
instrumental in Starting 4 Here we arrive at the
Anarchy” tha id no exist tal if one were looking
at the system from the inside out bu that Could nt
fai to strike the observer viewing the whole fon
the outside, Intenso param intense compet
ze
pesa
tion for council membership (which was what cons
{sted “political office") —raoted ofcourse, in equal.
Jens competition for land the principle of el help
‘ried 0 ts most logical extreme, whichis fo Say
Ko the Bioodfed; the intense mists of one and a
one and and the total destin and banishment
of those who murdered their fellow sibesmen on
markt day, the one decreed day of pace: these were
{he allmarks of Alt Waryaghar plis. I was only
"Ala al Kim who iezodaced the notion of ale they
ad ever been needed before, forthe Ait Waryaghar
political realty of organizo acepaly rendered them
Sopefuous
BLOODWEALTH AND THE FINE FOR
MURDER: DETERRENTS TO THE FEUD?
In wil now be apparent that the notion of hag
(ish reason”) fins for munder and thei division
Among mgharenis oneof the most cra support
Underpinning the whole sociopolitical power suture.
Hence, o discuss fist the Quranie concepts of sas
Importance of the concept of haga
GP = The aiasi a varae sum of money paid in the
2 Se ol a wounding. and given by the perpetrator
Jo is victim. The amount vais, of cours according
othe seriousness of the wound, butt may na exceed
1200 durs, le cling for Hoodweath payments.
[Some wounds, sich sth loss an eye, could Ally
E usa payment of 1.200 dros, or neatly mat
© Typical examples recorded inthe documents gathered
fom the Igzinnayen ae tuo cases of tootvbrecking
{ay Iginmayen MS. 67, and 1) one from the can
AE the Ash Vunis (ated May 2-10, 1919) and the
‘ther from thatthe Ast’ Ar Ala std December
18-23, 191, and February 10-17, 920). In the fst
instance the perpetrator pai 85 rials (or duos) as
$ dias: in the second, 57 yas. The wording of the
Este Yunis document is ches:
Prise be a Gol. God caused Muhammad b. "Amar
© b Non alo Rouben al Yom a Ca) to
break ith hs haha, the teeth of Alb. Si LADO
iain BS oe VA Ae
aus and Sd "Abd ar-Rihman pot up. a the
nabo: guardian of his above mentoned Son, and
© demanded the gas. He arrange the mater with
Bis brother ala Hiyyt ahnush "Amar above
An hg paternal une al Fag Bu “area Ahmad
= Bu "fez and fll bother {sg Maha
2 nd Hadas D. Nu, sods brother Yan
| Whe Was his naib in ts ater” The oir cup
Spree pay 85 has diam of Var im,
they paid" andthe former reseau al
fate oven tothe writer of tht document, At the
© beginning of Jumada in 1357, Sorvan hs Ged,
be Vosut Art
A tu interesting aspect of these cases stat both
Setsof paros concerned were member of ay holy
lines.
Dist. lia, in Rian, she Standar blood
‘wealth (Ar dye pad throughout the Ara ad Muslim
word by the Killer and is gates 10 the ages
this victim, As implid above, and as elsewbere in
Ts. the amoun is variable, but daring the puit
‘never eyceeded 1,200 duos in iver. One informant
from te lowlands sai at the di pad here was
very low, only 300 40 datos (and in the upper Chi
Only 100 duros), possibly because the hagg on Ihe
her hand, was $0 high; however, this igure 30,
much at variance withthe füst that one irc
10 disregard Dépt fora Woman was 600 duros,
hall that for a man, Bat he woman was pregnant
vo dish had tobe paid—one for the woman Rese
And one for er unborn ch, according to the sex
‘ofthe fetos (ve, 1 Al ii {or a pregnant woman
and unborn gi Cd: 1 2/2 dat for u pregnant
‘woman and unborn male ei). ts highly lic
however hu such a cano would have occurred
Tes most importar 1 note that bloodweatth was
pad only ifthe vit agnats had agred o accept
It which among the Al Waryaghar was aso very
rare. When payment was mado, it was only after the
‘murderer had led as an ald, an exi, lo another
tee and had returned ome a your orto later Two
years was the normal period of ele and ia Watyagh
isla, as in the Rif generally, as ony the Kile
himself who fled: he was not accompanied by any
of his agnates, as incertain other Beth regions.
Div payment was always accompanied by the sac
fice of a cow or a got, made by the murderer 10
the victim's kin. 1 Was told that in the hight,
and notably inthe Al “Ars, thre were several
instances of Önodwealth payments after the protec:
‘orate had been established, possibly because blood.
feoding had now for all practical purposes been ren.
ered impossible (and no more haag fines were
posed). A murderer might be given à thee” or
{ouryea ji sentence by the Spaniards (whose ad
minita in this respect soins o have been very
Tenien a the end of which his agnates would make
salon peace by slaughtering a goat and paying sith
Lo his tin’ kinsnen,
‘Two lean informant from the Ath “Aria sha
and a maaddim) sat that when a sh trace had
een effected in order to put at least a temporary
end toa fed, it was customary forthe group wih
less dedo pay excess boodwealth tthe group ith,
more dead. This, if five men wer led on one side
and seven on the other, the former owed the later,
Aiyathfor wo men. This ol cours nicely consistent
with the "one-for-one" institutional character of he
{sted “political office") —raoted ofcourse, in equal.
Jens competition for land the principle of el help
‘ried 0 ts most logical extreme, whichis fo Say
Ko the Bioodfed; the intense mists of one and a
one and and the total destin and banishment
of those who murdered their fellow sibesmen on
markt day, the one decreed day of pace: these were
{he allmarks of Alt Waryaghar plis. I was only
"Ala al Kim who iezodaced the notion of ale they
ad ever been needed before, forthe Ait Waryaghar
political realty of organizo acepaly rendered them
Sopefuous
BLOODWEALTH AND THE FINE FOR
MURDER: DETERRENTS TO THE FEUD?
In wil now be apparent that the notion of hag
(ish reason”) fins for munder and thei division
Among mgharenis oneof the most cra support
Underpinning the whole sociopolitical power suture.
Hence, o discuss fist the Quranie concepts of sas
Importance of the concept of haga
GP = The aiasi a varae sum of money paid in the
2 Se ol a wounding. and given by the perpetrator
Jo is victim. The amount vais, of cours according
othe seriousness of the wound, butt may na exceed
1200 durs, le cling for Hoodweath payments.
[Some wounds, sich sth loss an eye, could Ally
E usa payment of 1.200 dros, or neatly mat
© Typical examples recorded inthe documents gathered
fom the Igzinnayen ae tuo cases of tootvbrecking
{ay Iginmayen MS. 67, and 1) one from the can
AE the Ash Vunis (ated May 2-10, 1919) and the
‘ther from thatthe Ast’ Ar Ala std December
18-23, 191, and February 10-17, 920). In the fst
instance the perpetrator pai 85 rials (or duos) as
$ dias: in the second, 57 yas. The wording of the
Este Yunis document is ches:
Prise be a Gol. God caused Muhammad b. "Amar
© b Non alo Rouben al Yom a Ca) to
break ith hs haha, the teeth of Alb. Si LADO
iain BS oe VA Ae
aus and Sd "Abd ar-Rihman pot up. a the
nabo: guardian of his above mentoned Son, and
© demanded the gas. He arrange the mater with
Bis brother ala Hiyyt ahnush "Amar above
An hg paternal une al Fag Bu “area Ahmad
= Bu "fez and fll bother {sg Maha
2 nd Hadas D. Nu, sods brother Yan
| Whe Was his naib in ts ater” The oir cup
Spree pay 85 has diam of Var im,
they paid" andthe former reseau al
fate oven tothe writer of tht document, At the
© beginning of Jumada in 1357, Sorvan hs Ged,
be Vosut Art
A tu interesting aspect of these cases stat both
Setsof paros concerned were member of ay holy
lines.
Dist. lia, in Rian, she Standar blood
‘wealth (Ar dye pad throughout the Ara ad Muslim
word by the Killer and is gates 10 the ages
this victim, As implid above, and as elsewbere in
Ts. the amoun is variable, but daring the puit
‘never eyceeded 1,200 duos in iver. One informant
from te lowlands sai at the di pad here was
very low, only 300 40 datos (and in the upper Chi
Only 100 duros), possibly because the hagg on Ihe
her hand, was $0 high; however, this igure 30,
much at variance withthe füst that one irc
10 disregard Dépt fora Woman was 600 duros,
hall that for a man, Bat he woman was pregnant
vo dish had tobe paid—one for the woman Rese
And one for er unborn ch, according to the sex
‘ofthe fetos (ve, 1 Al ii {or a pregnant woman
and unborn gi Cd: 1 2/2 dat for u pregnant
‘woman and unborn male ei). ts highly lic
however hu such a cano would have occurred
Tes most importar 1 note that bloodweatth was
pad only ifthe vit agnats had agred o accept
It which among the Al Waryaghar was aso very
rare. When payment was mado, it was only after the
‘murderer had led as an ald, an exi, lo another
tee and had returned ome a your orto later Two
years was the normal period of ele and ia Watyagh
isla, as in the Rif generally, as ony the Kile
himself who fled: he was not accompanied by any
of his agnates, as incertain other Beth regions.
Div payment was always accompanied by the sac
fice of a cow or a got, made by the murderer 10
the victim's kin. 1 Was told that in the hight,
and notably inthe Al “Ars, thre were several
instances of Önodwealth payments after the protec:
‘orate had been established, possibly because blood.
feoding had now for all practical purposes been ren.
ered impossible (and no more haag fines were
posed). A murderer might be given à thee” or
{ouryea ji sentence by the Spaniards (whose ad
minita in this respect soins o have been very
Tenien a the end of which his agnates would make
salon peace by slaughtering a goat and paying sith
Lo his tin’ kinsnen,
‘Two lean informant from the Ath “Aria sha
and a maaddim) sat that when a sh trace had
een effected in order to put at least a temporary
end toa fed, it was customary forthe group wih
less dedo pay excess boodwealth tthe group ith,
more dead. This, if five men wer led on one side
and seven on the other, the former owed the later,
Aiyathfor wo men. This ol cours nicely consistent
with the "one-for-one" institutional character of he
law of talon, bt one may surmise that it would have
een difcul o plement in precie, and no speiie
examples were forthcoming) Highlanders, On the
bother hand, say special that this was tot done
and they point out, wäh an ietutale li, that the
‘object in a feud or a wari to win itt Hence excess
“lin the Ji Ham was on paid fa fresh under
took place ater the sulh was concluded. However
1 have never heard of any bloodwealth payments
being made ater an intra war
Hone woman killed another, he had to pay dit
to her vicuin's husband or ats (depending on the
victims marital status) fact that again underscores
the supremacy of à hasbond over his wife: owen,
she did nor pay hag to the imgharen tht Was
ately a men's affa Iti also very doubtful in
han informant opinion, that woman was ever
handed over to the agnats of a munderod man as
ly or in ic of di however, other informants
inthe upper his, whoechoed thelowlander aserions
about surplus Blood, sid alo that i te ide
‘at had Tost more men zefused 10 acept the surplus
“li, the other side would then give bc a woman
in marge. Here we can once agan ony point lo.
the ambiguiies which seem 10 be imbedded in
Waryaghar sociopolitical relations a a wot
No ii was aid inthe even of accidental death
1£ a man was cleaning bis gun and le went of and
Isle somebody. death was eat as accidental, and
the perpetrator was not fined or exiled. Nor mas.
‘mansaughter recognized or sanctioned as such, Fur
thermore, there was no question of bloodwellh pay
‘ment if à man Kie someone attempting to break
in and enter his house, by day or by niet, provided
there were winesses to the act: the rule Ree was
‘ha twelve winesses were equivalent 0 wo naar
As shown in some ofthe qanuns discussed above,
elberate intent 10 ill was certainly fined. ln
Waryagharlad, however, the question of inten never
reached the degree of jur micety tha Kati in
certain other Berber regions: Geller has noted that
in some Central Atlas ties halt dt was paid for
‘hooting ta man and missing him, but fll diy was
‘ald for aiming at someone and then not ping the
Age Intent oK sre (hu equated With ling
itself, ard the worst is assumed. Indeed, even In
Waryaphurland there ia proverb o the effect that,
“intent 10 Kl i ust ie king,” but iis curious
{ha this doesnot appear 1 be more deply reflected
in Customary Lan
mag ST Cr ol Kini” Pony of
N now deu ety wih he rl rte di
tags eva naga aie Hee a
Sr aad |
scopes oct tae toe ete
tc hag ee ny in Wager |
Darin Aah Ye meen, |
ET sr linia hp |
and Eastern Rin tes the Word employed was imafı
‘fo ante nm fa |
theres warp tad ei oe |
Epa
|
en |
D the fine vas always paid by a Murder to
members of the clan or tal coun ifthe mur
as commited in he market, or o any pth ai
io or from it on market day (im certain ease, the
roto extended o preceding and following dp
5 vel) the og was al assessed a
‘committed witin the actual precincts ofthe mark |
inet; (9) it was imposed only or murder in or ne |
{he market, murder tat broke the market pease)
A was not pad, either in money or in Kind, the
councilors marched ins body tothe murderer's house |
burmed it and his Gelée and tess, confiscated fi)
livestock, and then generally repeated. the same |
process with the houses and property of his senatess
And (5) by this tie for, more ikl, as soon as RE
had commited he homicide). the munderr, Y he wi
aise man and/or felts able to withstand
ot only he force and the callestive wrath of à
imgharen, but that of his victim's apres as well
had escaped into exile as an adi i 3
‘overtures toward diipayment tos victim's agate
‘ould be made. Once ıhe adi was suely in another
‘lan or ibe, is stats underwent sudden change
he was now an sum, person deemed incite,
through the et of having thrown himself directly upon
the mery of the wife f a powerful angharn that.
an oF wie, and ence indreci upon that of Bee
husband. He did this by the simple expedient & |
entering the man's house and pasting his hand up
the handle ofthe quern or grinding gran, hich i
the exclusive property of women. E
“The hagg payment sl, and more particular the 9
ac ol houseburning, which was generally so closely =
associated witht vas an ac of collective vengeance |
bythe unbe, in the personaf ts imghare, upon anyone |
who disturbed the peace of the market by commit |
4
een difcul o plement in precie, and no speiie
examples were forthcoming) Highlanders, On the
bother hand, say special that this was tot done
and they point out, wäh an ietutale li, that the
‘object in a feud or a wari to win itt Hence excess
“lin the Ji Ham was on paid fa fresh under
took place ater the sulh was concluded. However
1 have never heard of any bloodwealth payments
being made ater an intra war
Hone woman killed another, he had to pay dit
to her vicuin's husband or ats (depending on the
victims marital status) fact that again underscores
the supremacy of à hasbond over his wife: owen,
she did nor pay hag to the imgharen tht Was
ately a men's affa Iti also very doubtful in
han informant opinion, that woman was ever
handed over to the agnats of a munderod man as
ly or in ic of di however, other informants
inthe upper his, whoechoed thelowlander aserions
about surplus Blood, sid alo that i te ide
‘at had Tost more men zefused 10 acept the surplus
“li, the other side would then give bc a woman
in marge. Here we can once agan ony point lo.
the ambiguiies which seem 10 be imbedded in
Waryaghar sociopolitical relations a a wot
No ii was aid inthe even of accidental death
1£ a man was cleaning bis gun and le went of and
Isle somebody. death was eat as accidental, and
the perpetrator was not fined or exiled. Nor mas.
‘mansaughter recognized or sanctioned as such, Fur
thermore, there was no question of bloodwellh pay
‘ment if à man Kie someone attempting to break
in and enter his house, by day or by niet, provided
there were winesses to the act: the rule Ree was
‘ha twelve winesses were equivalent 0 wo naar
As shown in some ofthe qanuns discussed above,
elberate intent 10 ill was certainly fined. ln
Waryagharlad, however, the question of inten never
reached the degree of jur micety tha Kati in
certain other Berber regions: Geller has noted that
in some Central Atlas ties halt dt was paid for
‘hooting ta man and missing him, but fll diy was
‘ald for aiming at someone and then not ping the
Age Intent oK sre (hu equated With ling
itself, ard the worst is assumed. Indeed, even In
Waryaphurland there ia proverb o the effect that,
“intent 10 Kl i ust ie king,” but iis curious
{ha this doesnot appear 1 be more deply reflected
in Customary Lan
mag ST Cr ol Kini” Pony of
N now deu ety wih he rl rte di
tags eva naga aie Hee a
Sr aad |
scopes oct tae toe ete
tc hag ee ny in Wager |
Darin Aah Ye meen, |
ET sr linia hp |
and Eastern Rin tes the Word employed was imafı
‘fo ante nm fa |
theres warp tad ei oe |
Epa
|
en |
D the fine vas always paid by a Murder to
members of the clan or tal coun ifthe mur
as commited in he market, or o any pth ai
io or from it on market day (im certain ease, the
roto extended o preceding and following dp
5 vel) the og was al assessed a
‘committed witin the actual precincts ofthe mark |
inet; (9) it was imposed only or murder in or ne |
{he market, murder tat broke the market pease)
A was not pad, either in money or in Kind, the
councilors marched ins body tothe murderer's house |
burmed it and his Gelée and tess, confiscated fi)
livestock, and then generally repeated. the same |
process with the houses and property of his senatess
And (5) by this tie for, more ikl, as soon as RE
had commited he homicide). the munderr, Y he wi
aise man and/or felts able to withstand
ot only he force and the callestive wrath of à
imgharen, but that of his victim's apres as well
had escaped into exile as an adi i 3
‘overtures toward diipayment tos victim's agate
‘ould be made. Once ıhe adi was suely in another
‘lan or ibe, is stats underwent sudden change
he was now an sum, person deemed incite,
through the et of having thrown himself directly upon
the mery of the wife f a powerful angharn that.
an oF wie, and ence indreci upon that of Bee
husband. He did this by the simple expedient & |
entering the man's house and pasting his hand up
the handle ofthe quern or grinding gran, hich i
the exclusive property of women. E
“The hagg payment sl, and more particular the 9
ac ol houseburning, which was generally so closely =
associated witht vas an ac of collective vengeance |
bythe unbe, in the personaf ts imghare, upon anyone |
who disturbed the peace of the market by commit |
4
morder. However, what has not yo bee sfficiently
1 esse the faci hat ben the councillors received
[E sie io «murs lb i ery
FE money and in gun, which were immediately even
[ES moncary evaluation, they divide iit five equal
es © shares. This is the most important sructural fact about
J he haga, for init we have he van of he crucial
‘ofthe Ath Waryaghar the
cion of the Khams mac in Waryagharand ly
cisely in the quinary or five-way spt, among the
al body pole, of the tribal fine imposed upon
murderer. The distribution of thie fvemay spi
thermore, was as faithful a posible a election,
lin Tits of the Segmentary system: more ae
© error systems. Lincagos and subelans resched
A Ui shares of the haga “with their brothers,” as
susefultonotethat Ath Waryashar
nguish between tuo Kids of fins: (1) the tal
msg. Although in practice these two notions
ler often coterminous (partial in other, smaller
Mian bes ike he Mayen or he A Amarth.
ich have only one market apiece), he resul ln
ory was that in the former ease the whole tbe
icipated, through the medium of is councilors,
la the distribution (or, conversely, in the payment
the fine, and that nthe ater stance, he st
on (or payment) of his fine involved only the
consent class, subelas, and lineages (or tit
endmen)of or arourda given mas. Is noteworthy
SF that even a the lower eve, he idea of a Ivenvay
E ol vas generally stil mainsinod, The variable in
Jp the system, therefore, was the marke in which the
¿ogg was paid: whether it das a iba market ur
lan market. The hang sl, or ds equvaent in
ney as expressed in dros hasan, vas conceived
Tobe a constant.
Someone from another tio shout Kl à di
“Mireyaghar; in such a case, the non Waryaghar mur
“err ad to pay haga wal of the Ath Wayaghar
À Simbolical. He dd so by paying to thi open
harem The same obtained, oo, i man denied
= ‘one of the two overall lif ofthe tbe (ce
1° Chapter 12) Kid a Cello tubesman Mites with
the opposite lif, and if this killing broke a general
‘muse or peace which was rave. Ths the hang of
the whole ibe was invoked both if outsider were
involved and ifthe ling wok place itrtibaly ut
across the two major ls. Payment general involved
{otal guidtion by the murdret of all his asset,
for not ony are the Ah Waryapkar poor, but the
fine was prohibitively high. He was of course helped
in paying both by his agnates and by the members
ot his if
Oniy a murderer could pay the aga in ul was
he theoretically free from the die consequences that
ineviabiy followed nonpayment or only pati pay:
ment. AS we have Seen, if he cool! nat pay, the
Imghoren burned his house and property. He Minsa
had by this time generally fled to another clan or
be, not only to escape the wrath of the imglaren,
ut perhaps more important, 10 escape Uat of hit
vit agnates, who were almost never satstied with,
the idea of accepting bloodwealth, Furthermore it
they si reused the bloodwealth after he had been
in ex for two yeas, he was thon exiled for Me.
If, agan, a murderer had no property other han his
rifle and was able 10 ge (send 10 ac as sponsor
or damin or bien and pay up he ine, the atento
‘tthe Imgharen was transferred tothe damn: he
ould nt pay, they buraed down his hose and els,
The haga ug, he market fine though almost
invariably vid in the same amounts athe haga,
nights was invoked. when an intra Waryaghar
murder occurred in any Waryaghar marke the thin
the Sunday market of Thiar. The standard fine, as
noted, vas 2,000 duros for homicide commited la
the market itself and 1.000 duros for homicide on.
Any path leading 10 o from ithe "10° 07 "om"
‘question is importan because a man on his way to
market or on his way home could easly be amuses
‘by an enemy hiding behind a lentisus bush. In the
morra lowlands the taboo on King in the market
[Became in effect a three-day prohibition, sh in the
Highland the taboo covered only markt day sell.
The imgharen of the marke in question always re
cevedtt fine reatdes ofthe tial or ifafiations
‘of either the killer or is stm, provided that both
‘of them were numbered among he regular ntedants
tthe market. If one or both pares were Dot or
‘tone of them was from a different tribe, the stustion
Immediately became one af hagg n tabs.
From one point of view.- at of the morderer
himself distinction between the tba Fine and
the market fine wa largely academic. But none
Tess existed, and it concerned the level of reception
and the range of distribution of the fine involved
The tribal fine was theoretically intended to benefi
1 esse the faci hat ben the councillors received
[E sie io «murs lb i ery
FE money and in gun, which were immediately even
[ES moncary evaluation, they divide iit five equal
es © shares. This is the most important sructural fact about
J he haga, for init we have he van of he crucial
‘ofthe Ath Waryaghar the
cion of the Khams mac in Waryagharand ly
cisely in the quinary or five-way spt, among the
al body pole, of the tribal fine imposed upon
murderer. The distribution of thie fvemay spi
thermore, was as faithful a posible a election,
lin Tits of the Segmentary system: more ae
© error systems. Lincagos and subelans resched
A Ui shares of the haga “with their brothers,” as
susefultonotethat Ath Waryashar
nguish between tuo Kids of fins: (1) the tal
msg. Although in practice these two notions
ler often coterminous (partial in other, smaller
Mian bes ike he Mayen or he A Amarth.
ich have only one market apiece), he resul ln
ory was that in the former ease the whole tbe
icipated, through the medium of is councilors,
la the distribution (or, conversely, in the payment
the fine, and that nthe ater stance, he st
on (or payment) of his fine involved only the
consent class, subelas, and lineages (or tit
endmen)of or arourda given mas. Is noteworthy
SF that even a the lower eve, he idea of a Ivenvay
E ol vas generally stil mainsinod, The variable in
Jp the system, therefore, was the marke in which the
¿ogg was paid: whether it das a iba market ur
lan market. The hang sl, or ds equvaent in
ney as expressed in dros hasan, vas conceived
Tobe a constant.
Someone from another tio shout Kl à di
“Mireyaghar; in such a case, the non Waryaghar mur
“err ad to pay haga wal of the Ath Wayaghar
À Simbolical. He dd so by paying to thi open
harem The same obtained, oo, i man denied
= ‘one of the two overall lif ofthe tbe (ce
1° Chapter 12) Kid a Cello tubesman Mites with
the opposite lif, and if this killing broke a general
‘muse or peace which was rave. Ths the hang of
the whole ibe was invoked both if outsider were
involved and ifthe ling wok place itrtibaly ut
across the two major ls. Payment general involved
{otal guidtion by the murdret of all his asset,
for not ony are the Ah Waryapkar poor, but the
fine was prohibitively high. He was of course helped
in paying both by his agnates and by the members
ot his if
Oniy a murderer could pay the aga in ul was
he theoretically free from the die consequences that
ineviabiy followed nonpayment or only pati pay:
ment. AS we have Seen, if he cool! nat pay, the
Imghoren burned his house and property. He Minsa
had by this time generally fled to another clan or
be, not only to escape the wrath of the imglaren,
ut perhaps more important, 10 escape Uat of hit
vit agnates, who were almost never satstied with,
the idea of accepting bloodwealth, Furthermore it
they si reused the bloodwealth after he had been
in ex for two yeas, he was thon exiled for Me.
If, agan, a murderer had no property other han his
rifle and was able 10 ge (send 10 ac as sponsor
or damin or bien and pay up he ine, the atento
‘tthe Imgharen was transferred tothe damn: he
ould nt pay, they buraed down his hose and els,
The haga ug, he market fine though almost
invariably vid in the same amounts athe haga,
nights was invoked. when an intra Waryaghar
murder occurred in any Waryaghar marke the thin
the Sunday market of Thiar. The standard fine, as
noted, vas 2,000 duros for homicide commited la
the market itself and 1.000 duros for homicide on.
Any path leading 10 o from ithe "10° 07 "om"
‘question is importan because a man on his way to
market or on his way home could easly be amuses
‘by an enemy hiding behind a lentisus bush. In the
morra lowlands the taboo on King in the market
[Became in effect a three-day prohibition, sh in the
Highland the taboo covered only markt day sell.
The imgharen of the marke in question always re
cevedtt fine reatdes ofthe tial or ifafiations
‘of either the killer or is stm, provided that both
‘of them were numbered among he regular ntedants
tthe market. If one or both pares were Dot or
‘tone of them was from a different tribe, the stustion
Immediately became one af hagg n tabs.
From one point of view.- at of the morderer
himself distinction between the tba Fine and
the market fine wa largely academic. But none
Tess existed, and it concerned the level of reception
and the range of distribution of the fine involved
The tribal fine was theoretically intended to benefi
all the imgharen ofthe tribe, and since they were
Tot herve paid, he fies were thei nly material
rewands of office In race, however, those who
‘id now show up athe agraw in the marke, or ho
ere late in ariing, got nothing: thet clans. or
Subelns were therefore entre It ou of he di
{buon onsuchoceasons which, presumabl, were
rare since the Fle was “fist come, fist sive
The market fine, on the other hund, was only iti
td among he constituent imgharen of the market,
(Of couse thee was à considerable overap here,
for the top imghoren of any market would natural
represent her constituent soelans in the collection
‘a bal fine) Moreover, he odds Were good that
the inglarencoulimake more money onatocal market
fine. Ths the hegg nisug was fae more Sommon
levied, qua fine, a the Naga tbs
“The market hagg was principally ‘established as a
safeguard forte sanctity of the market ven though
on many occasiom markets were “broken.” There
fore, no mater where a munder tok place, Ht
occurred on market day, hagg amoanting to 1.000
‘dros had 0 be pad by the ker t the imphare,
‘The haggalo ated a form of protection fr women
and noncombatants, insofar ait was effecive in
Sunbing the ambitions or passions of hottempercd
men. Siguficanly, the ingharen who received the
money teed it to take care of personal needs, and
Ver often to repair or provision thei own ihren
(sing. askbar). ii fusing pülboses of mud and one
Jocatd right beside thir house: for un amar who
had not himself acc engaged in boodfcud was
an extremely rara avis in Waryughaland. AU oher
Times, the councilors used par af the money on the
Spot lor à feast after the mecting and then divided
Up the remainder: however, noted, thi was mare
Characteristic of the gzianajen than of the Ath
Waryaghar
TÍ a man without family or funds should be rash
enough to Ki somebody (which was nike), he was
Almost always quickly dispatched dy his Years
gnats, The ste was now clean, for one reco
‘jel of tu homicides had been Completed
Toland informants tend not to put the same
ng ve par ay tay Te fe Y
Sen ae cs ae he fine shee me
Boden ond Scr mer ee "Nabe D
emphasis om he “tribal” as opposed o the "marken
aspects of the hagg, but o Jump Ihe together The
Say. in effec, tt whether a minder void the
members ol one can or those of to different ones
the haga collected by the Imgharen was then divide
into five equal part: (1) one forthe Ath Yuit A
(Cogether wih ihe Ah Tart) and the Ath “A
(gether with the Timaraga; (2) one for Ihe Al
“Abdallah (3) one forthe (out of the) Alto
“Aayyash: () one forthe Ath Hada gether vi
the All “Aras and the Takkiyen): und (9) one 1
tit" received 400 duro out of a fin of 24
or 209 dus out af à fine of 1,000.
up different, and tha hey did so in tery song
{eines of the overall Uf alinmens. Bu the SL
icon
the “true” Ath Yast wo Ani plus the Al Tor
‘he “rue” AN Bu “Ayyashs andthe "gue" À
Hadhfa plus the Ah “Arve and the Pakkiyen.
vas as apposed to (bt parts forthe if of 1
‘lth “Ar and is wn constituent and discon
segments inalance which is 1 say: he “true A
‘aa ples the Timarza: the Al “Abdallah
Ath "Adhiya of the Ai Du “Ayyash, Fall
however, tre was (0) one part forthe inh
"ith ofthe Inabdhen who were, infact al
with (a) the If of the Aith Vi wear. 1
so said thatthe filth pat going t the Jer
as then split in halls a 1-22 division rather
one of 22:1. Bur the fact remains that five ie
dd and not sn even number, andthe asi iba
in lance that it produced wil be discussed int
chapter 1 flow:
In the case of à murder committed outside the
and involving only the members of one clan, la
landers say thatthe council met only i the mite
in queson broke a peace or vilted truce. I,
‘heed ofa ful scale natal war when both pa
were aniously seeking a cessation of hosts,
che of lif A shoul kil someone of jf B, OS
the murder would have 1 pay tothe anse 1
council members might e as high a 5000 or SLA]
‘ures me
IE feud was akeady in progres within one cli
the councilors ofthe other clans generally deci
16 maintain the status quo and not 10 ntervene;
any event, hey almos certainly had fede om th
‘vn hands. To conclude such a war and bring abi |
Tot herve paid, he fies were thei nly material
rewands of office In race, however, those who
‘id now show up athe agraw in the marke, or ho
ere late in ariing, got nothing: thet clans. or
Subelns were therefore entre It ou of he di
{buon onsuchoceasons which, presumabl, were
rare since the Fle was “fist come, fist sive
The market fine, on the other hund, was only iti
td among he constituent imgharen of the market,
(Of couse thee was à considerable overap here,
for the top imghoren of any market would natural
represent her constituent soelans in the collection
‘a bal fine) Moreover, he odds Were good that
the inglarencoulimake more money onatocal market
fine. Ths the hegg nisug was fae more Sommon
levied, qua fine, a the Naga tbs
“The market hagg was principally ‘established as a
safeguard forte sanctity of the market ven though
on many occasiom markets were “broken.” There
fore, no mater where a munder tok place, Ht
occurred on market day, hagg amoanting to 1.000
‘dros had 0 be pad by the ker t the imphare,
‘The haggalo ated a form of protection fr women
and noncombatants, insofar ait was effecive in
Sunbing the ambitions or passions of hottempercd
men. Siguficanly, the ingharen who received the
money teed it to take care of personal needs, and
Ver often to repair or provision thei own ihren
(sing. askbar). ii fusing pülboses of mud and one
Jocatd right beside thir house: for un amar who
had not himself acc engaged in boodfcud was
an extremely rara avis in Waryughaland. AU oher
Times, the councilors used par af the money on the
Spot lor à feast after the mecting and then divided
Up the remainder: however, noted, thi was mare
Characteristic of the gzianajen than of the Ath
Waryaghar
TÍ a man without family or funds should be rash
enough to Ki somebody (which was nike), he was
Almost always quickly dispatched dy his Years
gnats, The ste was now clean, for one reco
‘jel of tu homicides had been Completed
Toland informants tend not to put the same
ng ve par ay tay Te fe Y
Sen ae cs ae he fine shee me
Boden ond Scr mer ee "Nabe D
emphasis om he “tribal” as opposed o the "marken
aspects of the hagg, but o Jump Ihe together The
Say. in effec, tt whether a minder void the
members ol one can or those of to different ones
the haga collected by the Imgharen was then divide
into five equal part: (1) one forthe Ath Yuit A
(Cogether wih ihe Ah Tart) and the Ath “A
(gether with the Timaraga; (2) one for Ihe Al
“Abdallah (3) one forthe (out of the) Alto
“Aayyash: () one forthe Ath Hada gether vi
the All “Aras and the Takkiyen): und (9) one 1
tit" received 400 duro out of a fin of 24
or 209 dus out af à fine of 1,000.
up different, and tha hey did so in tery song
{eines of the overall Uf alinmens. Bu the SL
icon
the “true” Ath Yast wo Ani plus the Al Tor
‘he “rue” AN Bu “Ayyashs andthe "gue" À
Hadhfa plus the Ah “Arve and the Pakkiyen.
vas as apposed to (bt parts forthe if of 1
‘lth “Ar and is wn constituent and discon
segments inalance which is 1 say: he “true A
‘aa ples the Timarza: the Al “Abdallah
Ath "Adhiya of the Ai Du “Ayyash, Fall
however, tre was (0) one part forthe inh
"ith ofthe Inabdhen who were, infact al
with (a) the If of the Aith Vi wear. 1
so said thatthe filth pat going t the Jer
as then split in halls a 1-22 division rather
one of 22:1. Bur the fact remains that five ie
dd and not sn even number, andthe asi iba
in lance that it produced wil be discussed int
chapter 1 flow:
In the case of à murder committed outside the
and involving only the members of one clan, la
landers say thatthe council met only i the mite
in queson broke a peace or vilted truce. I,
‘heed ofa ful scale natal war when both pa
were aniously seeking a cessation of hosts,
che of lif A shoul kil someone of jf B, OS
the murder would have 1 pay tothe anse 1
council members might e as high a 5000 or SLA]
‘ures me
IE feud was akeady in progres within one cli
the councilors ofthe other clans generally deci
16 maintain the status quo and not 10 ntervene;
any event, hey almos certainly had fede om th
‘vn hands. To conclude such a war and bring abi |
ine, the good offices of an anna of one of
Be “ely hs" lings, a man known for hs pty
tng woul ele it comen.
| iso iteres that in the J Hmanı, a las, ng
as institutionally postponed by this means during
[Eds summer or a end at was ns ena 1
2 Rémi members of feuding lineages to rap, ıhresh,
bring inher harvest. (The same prohibition may
unofficial top amsher of the Wednesday markst
Tari, established a hang of 1,000 duro for
yer commited during this period, respective of
here or under what circumstances it might cet
‘nstittionalzed annual wuce was elle either
wed mandas or mranadh nur, "the
pensation of the Cans” of "the aylom of the
in both senses, whatever the tue eyo,
‘mer, under the protection of an ania, and
compensation in two semes: to the tibesmen in
ping them to harvest in peace, and, in financial
fos. 10 Sci Hid and the vr implaren should
je was estblshed in mountain
aryaghartand inthe following way: Sidi Hrd went
oh his annual rounds, visting each community inthe
Mh Du Kh. A "Ar, an he A Trt where
Ie himselt, with is hier brother Side Mühand nih
Tetas Mirad, was domiciled) the tree subclans
Bist were the active hageresciing nits Inthe
P Nicasestay market which they al attended (ie Aith
‘Knit were not technically one such, bat counted
hose visi, Si Hid
2 ould cll the shoe Ja together and tll thers
is during this cial period in the agricultural cycle
fs mai bs a0 end or MIRE ARE dl, the
bers of Ihe ja" concerned woul! have 1 Kil
rat lo feed Sii Hin, who would lo profit fom
uly binding agreement
2 On the following Wednesday in the market, the
ah or market cier would then announce the
ablshiment of the tree from date X to date Y
10 eeseraly rom late spring to early autumn, a fact
hat partial accounts for the proferaion of mar
“ages every year in late August and September, since
2 period of Security thus extended a month or so
beyond harvest time). No shots were tobe fied and
alleging was tobe prohibited lalringesen of this
regulation vas pendized by a 1,000dur0 fine
Sidi Muhand nid Haj) Misa‘, Sill His
‘elder and hol bother, the barakarpossessor of his
Tenge, reused to receive any share of the haga,
atleast directly. Nor did he receive any of the overall
Tnrabdhen portion of the teal bal haga (Le, one
{th of the toa): on a numerical and/or lineage bai,
his own share would logica have been about two
pesas, and for him o have traveled from is line
Inthe Ath Aru Musa community of the Aith Turi
all the way down tothe plain of aHusala or even
to the Sunday market of Thisar in the center of
Waryagharland for such a paty sum would have
not only a waste of time, ba a "great Shame on
Bis part He balanced his books in ther mays, notably
through the indie reception, though his Brother,
‘of estival ciara offered by the lay consents of
Boch o them,
‘THE TRIBAL FINE AND THE MARKET
IN
AS we have seen what the haggis, how e works
and, in general terms, iis validation of the system
SL "five fits," we now consider how à further
“alates and underscores the sepmentary and testo
al systems. This can only be done by seeing how
Ft was divided up. We shall discuss thst the haga
Fetish cba ie in genera terms, and hen the
Specific division of ag in several Al Waryaghar
Because ofits ess frequent occurene in fact and
because in theory and logic it becomes segmented
and redivded all the way from the lve ofthe tbe
‘downto that of the indivi from tie o "hs,
from “fits” o clans (wher the tuo do not cote
pond, fom clans to sebelans, and rom sbelans
15 primary and even secondary lineage groups the
Astbuion in deta of the hagg MS is given
in Appendix IV, with appropriate comments inte.
pere. Here {shall give only gros olin, don
forthe sehn level, For convenience, E refer to any
[up or series of groups prefaced by a fraction or
Sontined within parentheses uni of reception
rom the tribe 10 the “fh,” then, we have the
following
1. 175-0) AITH YUSIF WART and (0) AITHL
2. LS ANT ABDALLA (Kins ID
3. LAS ANT BU "AYYASH Khun UN
Be “ely hs" lings, a man known for hs pty
tng woul ele it comen.
| iso iteres that in the J Hmanı, a las, ng
as institutionally postponed by this means during
[Eds summer or a end at was ns ena 1
2 Rémi members of feuding lineages to rap, ıhresh,
bring inher harvest. (The same prohibition may
unofficial top amsher of the Wednesday markst
Tari, established a hang of 1,000 duro for
yer commited during this period, respective of
here or under what circumstances it might cet
‘nstittionalzed annual wuce was elle either
wed mandas or mranadh nur, "the
pensation of the Cans” of "the aylom of the
in both senses, whatever the tue eyo,
‘mer, under the protection of an ania, and
compensation in two semes: to the tibesmen in
ping them to harvest in peace, and, in financial
fos. 10 Sci Hid and the vr implaren should
je was estblshed in mountain
aryaghartand inthe following way: Sidi Hrd went
oh his annual rounds, visting each community inthe
Mh Du Kh. A "Ar, an he A Trt where
Ie himselt, with is hier brother Side Mühand nih
Tetas Mirad, was domiciled) the tree subclans
Bist were the active hageresciing nits Inthe
P Nicasestay market which they al attended (ie Aith
‘Knit were not technically one such, bat counted
hose visi, Si Hid
2 ould cll the shoe Ja together and tll thers
is during this cial period in the agricultural cycle
fs mai bs a0 end or MIRE ARE dl, the
bers of Ihe ja" concerned woul! have 1 Kil
rat lo feed Sii Hin, who would lo profit fom
uly binding agreement
2 On the following Wednesday in the market, the
ah or market cier would then announce the
ablshiment of the tree from date X to date Y
10 eeseraly rom late spring to early autumn, a fact
hat partial accounts for the proferaion of mar
“ages every year in late August and September, since
2 period of Security thus extended a month or so
beyond harvest time). No shots were tobe fied and
alleging was tobe prohibited lalringesen of this
regulation vas pendized by a 1,000dur0 fine
Sidi Muhand nid Haj) Misa‘, Sill His
‘elder and hol bother, the barakarpossessor of his
Tenge, reused to receive any share of the haga,
atleast directly. Nor did he receive any of the overall
Tnrabdhen portion of the teal bal haga (Le, one
{th of the toa): on a numerical and/or lineage bai,
his own share would logica have been about two
pesas, and for him o have traveled from is line
Inthe Ath Aru Musa community of the Aith Turi
all the way down tothe plain of aHusala or even
to the Sunday market of Thisar in the center of
Waryagharland for such a paty sum would have
not only a waste of time, ba a "great Shame on
Bis part He balanced his books in ther mays, notably
through the indie reception, though his Brother,
‘of estival ciara offered by the lay consents of
Boch o them,
‘THE TRIBAL FINE AND THE MARKET
IN
AS we have seen what the haggis, how e works
and, in general terms, iis validation of the system
SL "five fits," we now consider how à further
“alates and underscores the sepmentary and testo
al systems. This can only be done by seeing how
Ft was divided up. We shall discuss thst the haga
Fetish cba ie in genera terms, and hen the
Specific division of ag in several Al Waryaghar
Because ofits ess frequent occurene in fact and
because in theory and logic it becomes segmented
and redivded all the way from the lve ofthe tbe
‘downto that of the indivi from tie o "hs,
from “fits” o clans (wher the tuo do not cote
pond, fom clans to sebelans, and rom sbelans
15 primary and even secondary lineage groups the
Astbuion in deta of the hagg MS is given
in Appendix IV, with appropriate comments inte.
pere. Here {shall give only gros olin, don
forthe sehn level, For convenience, E refer to any
[up or series of groups prefaced by a fraction or
Sontined within parentheses uni of reception
rom the tribe 10 the “fh,” then, we have the
following
1. 175-0) AITH YUSIF WART and (0) AITHL
2. LS ANT ABDALLA (Kins ID
3. LAS ANT BU "AYYASH Khun UN
4. 1/5—ATTH MADHFA (Khums IV)
3. 1/5—IMRABDHEN (Khums Y)
Kms 1. Within Kms Lie two majo units of
reception were the clans ofthe ALTH YUSIE WAR
nd the AITH “ARI, cac of which received one half
the share of the haga destined for the th" as
& whole. The hall received by the AITH YUSIF
WAR] was again divided ito five parts: 1/5 was
taken off the top for the dscontinoous, mountain
subcln of the AITH TURIRTH (who were ain
Internally divided ino fifths for ths same purpose
1/5 forthe combined Aith “Amar and Thin,
2/5 forthe fol the Dhara n-Haj Anvawsh of
Bulma, consisting of $ lineages, and 2/5 for the If
ofthe Iria of Ass, consisting of 9 lineages The
uve” ATTH YUSIF WAR subelansof theowlands
and median mountains got the es: 2/5 forthe AITH
UGR IZAN (internal divided ino hd 1/3 for
the thee major lineages of Aki, andthe remaining
2/3 fr 10 ther lineages spread through tees discon
tinvous communities). and 2/5 fo the ISRIHAN
(again divided internal no fh 1/5, 2/5, 2/9)
‘Within the hal received by the AITH ARI, 1/5
was again taken off the top forthe discontinuous
hand substan of the TIMARZGA (which agin
divided internally on a 1/8, 2/5, 2/5 Das), The
Femainder was divided into tds among the ue
AAITH “ARI subchns of the median hil and the
lowlands: 1/3 for the AITH R<ABBAS (again divided
internal mo fit), 1/3 forthe IMHAWREN (nr
all, 1/5 ff the top fora iscotinuous lineage and
then the rest into thr), and 1/3 forthe TIGARTH
(again internally divided into fit). The parles
between the haya distribution within the two ero:
Tally discontinuous halves of this “ith ave thus
Very skin, and an internal division int ths lo
prevals over a les common division into this in
ach case.
Khums I. With the ATH “ABDALLAH, an lo
stance of complete coincidence between clan and
in which territorial discontinaty 1.
vial absent the wo major units o reception were
the two subchns of the AITH “ARÚ MUSA and the
AATTH TMAJURTH, each of which received hl the
total hang of the “itt.” Internal each of these
"ras agin pl in Bal for haga purposes:
'ARU MUSA, into IQANNIYEN and
THARIWIN (each of which was this time divided
ito ir) and the AITH TMAJURTIL into ACTH
MUSA (divided in hal) and ALTH ZIVYAN (vided
int tid).
‘Khun I. Within the AITH BU “AYYASH, we
sin find complete coincidence teen clan and
Aiseussed below) The share ofthe hago his “HA
once again divided in al, between theta bela
of the AITH “ADHIYA and the “true” ALTHO
"AYVASH, or ALTH BU ANYAS
both the major u
were meray divided into fourths. Within the AT
“ADHIYA, 1/4 went to AITH BU QLYADHEN (
Lemay divided in bl, with sach half ain dv
inal so at infec the fours were her ep
ated ata lower lev), 1/4 to AITH UMNUL
internal divided int ids 2/Sforthe are AP
UMNUDH and 1/3 for AITH ISHSHU), 1/4 À
IGHMIREN Gntemally divided in hal), and 1/4
AITH TZURAKHTH. (In this last ese, 1/5 of
top went 10 the discontinuous Aith Ba Sta ine
located in AITH DU KHRIF in the “ie” ALÍ
BU "AYYASH; despite thir residence, they we
members ofthe ATH “ADHIYA lif The sessing
as divided int thirds: 2/3 for ATH “AISA ai
1/3 für AITH RUQMAN, ‘both
TZURAKHTH.) Within the. "ine"
Internally in hal), 1/8 o ISUEIYEN (divide i
thirds, 1/3 for AITH TACA und 2/3 forthe “true
ISUFIVEN), 1/4 for AITH TFARWIN (divided
ha, and 1/4 10 IZAKIREN (internally divided af
thirds, wi 2/3 or the “te” IZARIREN and A
{for IRIYANEN),
‘Khuns IV. Within the ALTH HADHIFA,
spondence between clan and “fifth is by no mes
‘complete, and teritoial discontinuity à pronounced
{this instance the share of agg ds divided ar HN
‘outset no into halves, but ino nds: one hir 0
the ATTH“ARUS and PAKKIYEN subelans jit
and two-hids forthe “rue” AITH HADHIFA,
AITH MADIIFA (). ‘This is the one cave
‘Waryaghartandin which tere was a recognized in
lance between the major units of reception, Of 1
next that went tothe AITH “ARUS and PARES
KIVEN, the former received 2/3 (divided internal
(vide ito fourths, fort
hat vas received by the “ue” AITH HADIIEN)
1/2 went to the AITH BU JDAT subelan Ger
‘gain divided in hall, 1/2 for the “auc” ATH BG
JDAT and 1/2 for LHADDUTHEN), and 1/2 wa
to that of the IRAQRAQEN again divided in hall
3. 1/5—IMRABDHEN (Khums Y)
Kms 1. Within Kms Lie two majo units of
reception were the clans ofthe ALTH YUSIE WAR
nd the AITH “ARI, cac of which received one half
the share of the haga destined for the th" as
& whole. The hall received by the AITH YUSIF
WAR] was again divided ito five parts: 1/5 was
taken off the top for the dscontinoous, mountain
subcln of the AITH TURIRTH (who were ain
Internally divided ino fifths for ths same purpose
1/5 forthe combined Aith “Amar and Thin,
2/5 forthe fol the Dhara n-Haj Anvawsh of
Bulma, consisting of $ lineages, and 2/5 for the If
ofthe Iria of Ass, consisting of 9 lineages The
uve” ATTH YUSIF WAR subelansof theowlands
and median mountains got the es: 2/5 forthe AITH
UGR IZAN (internal divided ino hd 1/3 for
the thee major lineages of Aki, andthe remaining
2/3 fr 10 ther lineages spread through tees discon
tinvous communities). and 2/5 fo the ISRIHAN
(again divided internal no fh 1/5, 2/5, 2/9)
‘Within the hal received by the AITH ARI, 1/5
was again taken off the top forthe discontinuous
hand substan of the TIMARZGA (which agin
divided internally on a 1/8, 2/5, 2/5 Das), The
Femainder was divided into tds among the ue
AAITH “ARI subchns of the median hil and the
lowlands: 1/3 for the AITH R<ABBAS (again divided
internal mo fit), 1/3 forthe IMHAWREN (nr
all, 1/5 ff the top fora iscotinuous lineage and
then the rest into thr), and 1/3 forthe TIGARTH
(again internally divided into fit). The parles
between the haya distribution within the two ero:
Tally discontinuous halves of this “ith ave thus
Very skin, and an internal division int ths lo
prevals over a les common division into this in
ach case.
Khums I. With the ATH “ABDALLAH, an lo
stance of complete coincidence between clan and
in which territorial discontinaty 1.
vial absent the wo major units o reception were
the two subchns of the AITH “ARÚ MUSA and the
AATTH TMAJURTH, each of which received hl the
total hang of the “itt.” Internal each of these
"ras agin pl in Bal for haga purposes:
'ARU MUSA, into IQANNIYEN and
THARIWIN (each of which was this time divided
ito ir) and the AITH TMAJURTIL into ACTH
MUSA (divided in hal) and ALTH ZIVYAN (vided
int tid).
‘Khun I. Within the AITH BU “AYYASH, we
sin find complete coincidence teen clan and
Aiseussed below) The share ofthe hago his “HA
once again divided in al, between theta bela
of the AITH “ADHIYA and the “true” ALTHO
"AYVASH, or ALTH BU ANYAS
both the major u
were meray divided into fourths. Within the AT
“ADHIYA, 1/4 went to AITH BU QLYADHEN (
Lemay divided in bl, with sach half ain dv
inal so at infec the fours were her ep
ated ata lower lev), 1/4 to AITH UMNUL
internal divided int ids 2/Sforthe are AP
UMNUDH and 1/3 for AITH ISHSHU), 1/4 À
IGHMIREN Gntemally divided in hal), and 1/4
AITH TZURAKHTH. (In this last ese, 1/5 of
top went 10 the discontinuous Aith Ba Sta ine
located in AITH DU KHRIF in the “ie” ALÍ
BU "AYYASH; despite thir residence, they we
members ofthe ATH “ADHIYA lif The sessing
as divided int thirds: 2/3 for ATH “AISA ai
1/3 für AITH RUQMAN, ‘both
TZURAKHTH.) Within the. "ine"
Internally in hal), 1/8 o ISUEIYEN (divide i
thirds, 1/3 for AITH TACA und 2/3 forthe “true
ISUFIVEN), 1/4 for AITH TFARWIN (divided
ha, and 1/4 10 IZAKIREN (internally divided af
thirds, wi 2/3 or the “te” IZARIREN and A
{for IRIYANEN),
‘Khuns IV. Within the ALTH HADHIFA,
spondence between clan and “fifth is by no mes
‘complete, and teritoial discontinuity à pronounced
{this instance the share of agg ds divided ar HN
‘outset no into halves, but ino nds: one hir 0
the ATTH“ARUS and PAKKIYEN subelans jit
and two-hids forthe “rue” AITH HADHIFA,
AITH MADIIFA (). ‘This is the one cave
‘Waryaghartandin which tere was a recognized in
lance between the major units of reception, Of 1
next that went tothe AITH “ARUS and PARES
KIVEN, the former received 2/3 (divided internal
(vide ito fourths, fort
hat vas received by the “ue” AITH HADIIEN)
1/2 went to the AITH BU JDAT subelan Ger
‘gain divided in hall, 1/2 for the “auc” ATH BG
JDAT and 1/2 for LHADDUTHEN), and 1/2 wa
to that of the IRAQRAQEN again divided in hall
es ee
FAA
E
oo
Sent to AITHE ZAWITH. N-SIDI "AISA. (merma
vides into id), 1/4 to AITH "AZIZ. (coin
utr divided ito hr: 1/3 forthe localized
“AZIZ lineages and 2/3 forthe excentrc ones
cate inthe tetris of other, lay clan), 1/4 10
FAITH RQADI internal, 1/5 off the top to PATH
MANEN, withthe remainder divided ino thin for
PEE te “ue AITH R QADI locas) and 1/4t0 ATTHL
‚92 KANIMUN Gern divided into iio. 2/3 for the
© Jocalized ATTH KAMMUN lineages and 1/3 for the
egory included the Dharwa n Si Ha Mise
Ecco inthe ATTHTURIRTH, which recived 1/3
the LOWER IMRABDHEN,
LA wenn ro AITH BRAUN {internally vided la
10, 1/449 AITH MISA'UD (ao internally dived
I ha, 1/2 to AITH ZAWFTH N.SIDI YUSIE and
‘gue AITH MISA‘UD), 1/4 to ALT
SAMAR U-BUKAR (nern divide into ids, 2/3
fr one group and 1/3 for the other, and 1/4 10
TH MHAND Cinenaly divided in hal, 1/2 for
AFASIYEN and 1/2 for IDARDUSHEN; from this
E lar halt the Irigiven lineage, the Diaria Si
‘Mand u-Muss of Aith Hishim, recive 1/3),
Three general comments on he above material are
Taciaded below: the specific comments song wih
she deta, ze relegated to Appendiy IV
sity
"ARI/AITH "ARI. plus the
Tivo dependent subclans ofthe AITH TURIRTH and
Elbe TIMARZOA, contin no less than four discrete
Hinks characterized by tertorial dscomimuly and
Adoption, we should expect some of he complica:
“tons resulting thereon oe mania he tral
un th od recy
hat occurs
THE YOLITICNL AND JURA. VS,
consistent although they are not entirely so in tac
(0) thar division ofthe fine takes place ight dow
tothe level ofthe lincage heads or dien: (2) thon
hag division tends 0 al peponderanly segui:
tary lines and hat normaly any lineage ends 1 sate
its part of the fine with is "brothers: and (3) tha
{base fivefold or 1/5.2/5-2/5 division the iba
hagas carted as consisendy as posible down ina
the lower level, with one smaller group deal) taking
‘one-fifth ff the top and then wo agar ones pling
the remainder in hal
However, differences in degres, or ves, or rates
of proliferation in the segmentation of even à single
“lan may cause ineageheadmen to emerge high
level in some subelans an in others; ths shows the
vaciabily inereat in the first process. AS or the
‘Second the sharing ofthe hagy with ones brothers,
this may also be seriously undermined not o by
question of lineage and subchn dscontinty and
reduction, which force the terior Issue tothe
fore, but also by considerations of Tif alliances, as
indicated above forthe AITH TURIRTH: ito given
lineages are agnatclly related but opposed to each
‘ther through ing opposite if, the allan actor
unies general afin takes presence over that,
of agation and hence of segmentation, AS for the
{ind process, the varying size, composition and
strength of given units of reception wil, a6 shown,
‘ety often vit the valid of consistent fivefold
division internally—bviousl a many cares his was
quite unworkable, and hence twofold, threefold, and
fourfold divisions all occur in deren “fifths” at
siferent loves Indeed, the twofold division of binary
fission, so to speak, is equaly an Kcal atthe level
of the clan/suibclan as major reception uns: for it
Dccursinall “ifthe” svete resto Uvsion mons
{he “true” AITH ARI of Khums and save, again,
tat ofthe threefold AITH HADHIFA subi, 0
of them "trae" af Khums IV. Two general principe.
‘concern the actual population ofthe groups sharing
in haga distibition. The fast i ha, ln Waryaghar
yes, the overall ba division ito “ths for the
haa division reflect the very widesprea potion that
the five Hs” are all equal in sizes Below this
level, of course, the amount allotted to each ait of
reception sa fallt, or relatively faithful, reicion
of the size and hence the power ofthat unt, pain
35 seen by the Allh Waryaghar. Naneihelessen
though th fact soften overlooked or convenient.
forgotten, in the egalitarian and quinary segmentary
image presented bythe Ath Waryaphar—the avale
censu data, rom 192-1930 down to the present day,
indicate wäh staring clarity tht the “five fifths
FAA
E
oo
Sent to AITHE ZAWITH. N-SIDI "AISA. (merma
vides into id), 1/4 to AITH "AZIZ. (coin
utr divided ito hr: 1/3 forthe localized
“AZIZ lineages and 2/3 forthe excentrc ones
cate inthe tetris of other, lay clan), 1/4 10
FAITH RQADI internal, 1/5 off the top to PATH
MANEN, withthe remainder divided ino thin for
PEE te “ue AITH R QADI locas) and 1/4t0 ATTHL
‚92 KANIMUN Gern divided into iio. 2/3 for the
© Jocalized ATTH KAMMUN lineages and 1/3 for the
egory included the Dharwa n Si Ha Mise
Ecco inthe ATTHTURIRTH, which recived 1/3
the LOWER IMRABDHEN,
LA wenn ro AITH BRAUN {internally vided la
10, 1/449 AITH MISA'UD (ao internally dived
I ha, 1/2 to AITH ZAWFTH N.SIDI YUSIE and
‘gue AITH MISA‘UD), 1/4 to ALT
SAMAR U-BUKAR (nern divide into ids, 2/3
fr one group and 1/3 for the other, and 1/4 10
TH MHAND Cinenaly divided in hal, 1/2 for
AFASIYEN and 1/2 for IDARDUSHEN; from this
E lar halt the Irigiven lineage, the Diaria Si
‘Mand u-Muss of Aith Hishim, recive 1/3),
Three general comments on he above material are
Taciaded below: the specific comments song wih
she deta, ze relegated to Appendiy IV
sity
"ARI/AITH "ARI. plus the
Tivo dependent subclans ofthe AITH TURIRTH and
Elbe TIMARZOA, contin no less than four discrete
Hinks characterized by tertorial dscomimuly and
Adoption, we should expect some of he complica:
“tons resulting thereon oe mania he tral
un th od recy
hat occurs
THE YOLITICNL AND JURA. VS,
consistent although they are not entirely so in tac
(0) thar division ofthe fine takes place ight dow
tothe level ofthe lincage heads or dien: (2) thon
hag division tends 0 al peponderanly segui:
tary lines and hat normaly any lineage ends 1 sate
its part of the fine with is "brothers: and (3) tha
{base fivefold or 1/5.2/5-2/5 division the iba
hagas carted as consisendy as posible down ina
the lower level, with one smaller group deal) taking
‘one-fifth ff the top and then wo agar ones pling
the remainder in hal
However, differences in degres, or ves, or rates
of proliferation in the segmentation of even à single
“lan may cause ineageheadmen to emerge high
level in some subelans an in others; ths shows the
vaciabily inereat in the first process. AS or the
‘Second the sharing ofthe hagy with ones brothers,
this may also be seriously undermined not o by
question of lineage and subchn dscontinty and
reduction, which force the terior Issue tothe
fore, but also by considerations of Tif alliances, as
indicated above forthe AITH TURIRTH: ito given
lineages are agnatclly related but opposed to each
‘ther through ing opposite if, the allan actor
unies general afin takes presence over that,
of agation and hence of segmentation, AS for the
{ind process, the varying size, composition and
strength of given units of reception wil, a6 shown,
‘ety often vit the valid of consistent fivefold
division internally—bviousl a many cares his was
quite unworkable, and hence twofold, threefold, and
fourfold divisions all occur in deren “fifths” at
siferent loves Indeed, the twofold division of binary
fission, so to speak, is equaly an Kcal atthe level
of the clan/suibclan as major reception uns: for it
Dccursinall “ifthe” svete resto Uvsion mons
{he “true” AITH ARI of Khums and save, again,
tat ofthe threefold AITH HADHIFA subi, 0
of them "trae" af Khums IV. Two general principe.
‘concern the actual population ofthe groups sharing
in haga distibition. The fast i ha, ln Waryaghar
yes, the overall ba division ito “ths for the
haa division reflect the very widesprea potion that
the five Hs” are all equal in sizes Below this
level, of course, the amount allotted to each ait of
reception sa fallt, or relatively faithful, reicion
of the size and hence the power ofthat unt, pain
35 seen by the Allh Waryaghar. Naneihelessen
though th fact soften overlooked or convenient.
forgotten, in the egalitarian and quinary segmentary
image presented bythe Ath Waryaphar—the avale
censu data, rom 192-1930 down to the present day,
indicate wäh staring clarity tht the “five fifths
are most certainly not equal in size, Nor does appear
"hat they were formerly equal, at least in the rece
Past, although the viral doling ofthe population
Of Waryagharland Between the Flan War and th
1960 census~all during a period after the “fifths
ud ceased toe political effective has accentuated
‘he imbalance. Documentation ol this inequality wal
be given ia Chapter 12. Ifthe sai dd no tly
sith the cology concerned, Ihe Ath Waryughar were
Unaware of te act and would any case Rave ignored
The second principle is that a comparison of
thelist of units of agg reception with that ofthe over
al lineage segmentation in deal indicates st once
that the fate is considerably mare allembrasing than,
the former. Why is there a discrepancy? Very simply,
because the haggreceving us ae relacion Of
the fighing potential of a clan rather than merely
le Uneage groups resident in that clans terior.
Moreover, such ing potential may include both
autochthoreus and long established lineages and ac“
‘tetedand “stranger” fneages Ina good many cases,
5 has already been shown, the later have come 10
predominate. The haggtecehing unt, therfore, is
A eflcod by its spokesmen the Imghare, the cca
‘of thechn crap, and lineages that werent consiered
fo have aright fo participate in the fine sharing were
precisely those a Jas account, those that dn
fightorfeud. The haggreeeiing units thus underscone
the effective units of segmentation a al leve, in
terms f he Feud, while at the same time they indicate
how the wheat was separated from the cha
3:1 can be Seen that the internal division of the
sare of the IMRABDHEN presents «somewhat
different picture from that ofthe other “fhe” oe
ans. Inthe IMRABDHEN, the one clan in which
al, or most, ofthe segments of the ot! genealogy
Are Known or can be checked, the hagg 1 divided
Page ona teoria! bass rather than on à purely
Segmentary one (uh certain exceptions, 48 noted
above). In ther word, in the distabution of haga,
the genealogical knowledge of he “holy” clans
is supeseded by tetera considerations involving
4 relative approximation or Spatial contiguity: thus
the division, in a sense, is complementary de even
in opposition o the lines of segmentation, based for
the most part upon genesogial fiction hat hag
distribution flows inthe other “is However,
vente disuibtionof he IMRABDREN throughout
the length and breadth of the tia terry, wheter
as subelan clusters or, inthis ca, as clusters of
hag ceiving uns, whether a scattered lineages
residen in the torocios ofthe other ith,” this
‘would Seem tobe only natur,
AA the above, on the subject of tribal haga, is
ofcourse a reconstucted model have Cl rai
minimal detail o be necessary here, because 10 he
‘ith Waryaghar themselves the subject of equitable
istibution of such fine, as they conceived it, vas
‘of paramount importance, When we lok at the system
‘of hagy payments and distibution as i existed in
San o local markets, however, we get a Somewhat
Afferent, although complementary pleure, The ai
point i that a subchn or inage that might receive
Daly an infiniesiml share of the total trial hag D
‘would generally ind el due fora considerably Large 5
Stare inthe event of dstibution of ins the level
ofthe can market. A few examples wil sues,
1. Haag Disriuion st the Wednesday market
of Sidi Bu "Afi located inthe plain of al Husain
and now defused
USCLOWER | IMRABDHEN: AITIL “AMAR:
U-BUKAR, ATH MISA UD, AITH “AMAR
USA IB, AITH YUSIF, and IFASIYEN,
2/SAITH “ARI: TIGARTH (less UPPER THAMA |
SIND) IMHAWREN (es AITH ALLA) and
AITH R°ABBAS,
2/SAITHL YUSIF WARK: AITH UGHIR IZAN
and ISRIHAN,
In his particule instance, the amount of the agg
wasser at 2.000 dirs, and i hs sam was not al
{he murderer's house ast be burned. In this marke,
{he rationale behind the distro of the fine may
be discerned in he following episode, regard on
Muh nj Hay) Muhammad, of Bu Mingad (Ath "Ar
The people of the Zawih Sii “Asai he Upper
Imrasihen, who had ben fighting among themselves,
vided the haga in hl, onehal or Hammu aj
"ala and the other hall forthe Hajj Hla. They à
came 10 the Wednesday Market of Si Bu “AL 10
istbute the in of 2,000 duros, after some members
‘ofthe lif ofthe Haj ead hd killed one Si Mia
the lif of Hamm n-Hajj “Ala tn the Sunday
marke of Thsar This posts up he relations between
the constituent ofthe two markets, a follows
Muh nj Has Muhammad of Bu Mingad was the
damin or gurantor fr the peaceful behavior of the
Lit the Haj Hach, white the members ofthe nes.
ofthe Magen (laten of Az Imzuren) took
the same role forthe iif Hama nal) “Ais
ach if thus had is guarantor located near the Sch
Bu "At market
‘When Si Misaud was shot, the imgharen of the
Sii bu" AG marke called the guarantor Mh Ha
Mulammadi to pay the fine of 2.000 deros in the
"hat they were formerly equal, at least in the rece
Past, although the viral doling ofthe population
Of Waryagharland Between the Flan War and th
1960 census~all during a period after the “fifths
ud ceased toe political effective has accentuated
‘he imbalance. Documentation ol this inequality wal
be given ia Chapter 12. Ifthe sai dd no tly
sith the cology concerned, Ihe Ath Waryughar were
Unaware of te act and would any case Rave ignored
The second principle is that a comparison of
thelist of units of agg reception with that ofthe over
al lineage segmentation in deal indicates st once
that the fate is considerably mare allembrasing than,
the former. Why is there a discrepancy? Very simply,
because the haggreceving us ae relacion Of
the fighing potential of a clan rather than merely
le Uneage groups resident in that clans terior.
Moreover, such ing potential may include both
autochthoreus and long established lineages and ac“
‘tetedand “stranger” fneages Ina good many cases,
5 has already been shown, the later have come 10
predominate. The haggtecehing unt, therfore, is
A eflcod by its spokesmen the Imghare, the cca
‘of thechn crap, and lineages that werent consiered
fo have aright fo participate in the fine sharing were
precisely those a Jas account, those that dn
fightorfeud. The haggreeeiing units thus underscone
the effective units of segmentation a al leve, in
terms f he Feud, while at the same time they indicate
how the wheat was separated from the cha
3:1 can be Seen that the internal division of the
sare of the IMRABDHEN presents «somewhat
different picture from that ofthe other “fhe” oe
ans. Inthe IMRABDHEN, the one clan in which
al, or most, ofthe segments of the ot! genealogy
Are Known or can be checked, the hagg 1 divided
Page ona teoria! bass rather than on à purely
Segmentary one (uh certain exceptions, 48 noted
above). In ther word, in the distabution of haga,
the genealogical knowledge of he “holy” clans
is supeseded by tetera considerations involving
4 relative approximation or Spatial contiguity: thus
the division, in a sense, is complementary de even
in opposition o the lines of segmentation, based for
the most part upon genesogial fiction hat hag
distribution flows inthe other “is However,
vente disuibtionof he IMRABDREN throughout
the length and breadth of the tia terry, wheter
as subelan clusters or, inthis ca, as clusters of
hag ceiving uns, whether a scattered lineages
residen in the torocios ofthe other ith,” this
‘would Seem tobe only natur,
AA the above, on the subject of tribal haga, is
ofcourse a reconstucted model have Cl rai
minimal detail o be necessary here, because 10 he
‘ith Waryaghar themselves the subject of equitable
istibution of such fine, as they conceived it, vas
‘of paramount importance, When we lok at the system
‘of hagy payments and distibution as i existed in
San o local markets, however, we get a Somewhat
Afferent, although complementary pleure, The ai
point i that a subchn or inage that might receive
Daly an infiniesiml share of the total trial hag D
‘would generally ind el due fora considerably Large 5
Stare inthe event of dstibution of ins the level
ofthe can market. A few examples wil sues,
1. Haag Disriuion st the Wednesday market
of Sidi Bu "Afi located inthe plain of al Husain
and now defused
USCLOWER | IMRABDHEN: AITIL “AMAR:
U-BUKAR, ATH MISA UD, AITH “AMAR
USA IB, AITH YUSIF, and IFASIYEN,
2/SAITH “ARI: TIGARTH (less UPPER THAMA |
SIND) IMHAWREN (es AITH ALLA) and
AITH R°ABBAS,
2/SAITHL YUSIF WARK: AITH UGHIR IZAN
and ISRIHAN,
In his particule instance, the amount of the agg
wasser at 2.000 dirs, and i hs sam was not al
{he murderer's house ast be burned. In this marke,
{he rationale behind the distro of the fine may
be discerned in he following episode, regard on
Muh nj Hay) Muhammad, of Bu Mingad (Ath "Ar
The people of the Zawih Sii “Asai he Upper
Imrasihen, who had ben fighting among themselves,
vided the haga in hl, onehal or Hammu aj
"ala and the other hall forthe Hajj Hla. They à
came 10 the Wednesday Market of Si Bu “AL 10
istbute the in of 2,000 duros, after some members
‘ofthe lif ofthe Haj ead hd killed one Si Mia
the lif of Hamm n-Hajj “Ala tn the Sunday
marke of Thsar This posts up he relations between
the constituent ofthe two markets, a follows
Muh nj Has Muhammad of Bu Mingad was the
damin or gurantor fr the peaceful behavior of the
Lit the Haj Hach, white the members ofthe nes.
ofthe Magen (laten of Az Imzuren) took
the same role forthe iif Hama nal) “Ais
ach if thus had is guarantor located near the Sch
Bu "At market
‘When Si Misaud was shot, the imgharen of the
Sii bu" AG marke called the guarantor Mh Ha
Mulammadi to pay the fine of 2.000 deros in the
E mörkst. Muh nio Muhammad objected to doing
Jo because Si Mis'ud had been Kid in another
Jacket and because, ho sal, l was not Known who
Rat ited him
The fst pont was true, Dut the second wes an
weht. Intrated, the ngharen ofthe Ath Yun
Ar and Lower Imran atved in force at Bu
ligado bum the houses fu na) Muhammad
nd is agnates. However, an affine of Mah nj Haj
fubammadl, à man from the Ath Ba “Ayyash
peared in the nick of time to resolve the mate
pesca. He brought en is. worth 200 duos
piece, 1 the assembled councilors as a guarantee
for Mh Hajj Muhammad payment of he fine
le iméharen agreed, andesite from sting the
orto is house. Mud Hajj Mohammad was thos
red io paying them tbe hagg, and then ino
Jing his own Affmaes, aftr the impar ad et,
s destitution was now evidently complete, as We
ear no more of im
2. Haag Disbuten at the Monday market of
the Ai Hat:
At this marke, before the fines were divided up,
i Hajj Muhammad, the leading member of the
aban lineage resident in sen (A Abal
us given same $0.40 dures "tp." The
‘Asef, amotning to 2,00 dios far murder bah
the market and on any path leading 10 or from
as then divided up in the following manner:
SCIMRABDHEN lineages resident in the AITH
© HADHIFA,
S—AITH BU JDAT (AITH HADHIFA)
/SIRAQRAQEN (AITH HADHIFA)
3, Haga Distribution athe Sag Aasim (OU Mar
) and Tate, atthe present Monday market of the
dan “Ayo
‘The so-called OM Market of the Ath Ba “Ayyash,
no longer in existence, as st up by an aga
Tiarwin, ons order with th neighboring som
nity of aire, inthe Al Ua “Ay sh wands,
as held on Mondays, andthe communities provi:
its regular constituents were Iron, Taran,
mire, Imnudh, Takkiven, Itsumo, and Ah
sin. Th market haga was sl in al between
communities of the “ue” Ath Ba "Ayyash
Valkren and Tifarwi, plus, ster on, Aith Aa
Elfen, Iianen, and Alh Bu Kh) and those of
Eb Aish Adhia ghmiren and Imnuch, los, er
{Ait Bu Sea Ah Bu Qiyadhen, ar Am, and
zuraktu), akliyen, Hatshumen and Aith Une
ES os being segment of ether ot nothing?
ES
E
FB POLITICAL AND JURAL SYSTEMS > wi
ANTE death of the oué com Tir,
vce Imgharen rom zakiren moved the market to
its present location, and it became known as the
Monday market of the Ai (or Bri) Bu Ay.
Inthe new location, the katshumen were now gen
3 share of the fines, Because they were of the Ath,
Yost w.Ari and hence in the same overall as
the “ive” Aith Bu “Ayyash, and their members
therefore undertook to defend the mountains against
the Ath” Adhia, The same el tru or he Pave
(ef Khums IV) and the Ath Unusin tol Kkums VW).
who now undertook o gud the market, The market
rounds, it might Be added, had been purchased for
{he paluy sum of 14 duros —one need only compare
{his othe price of a man's fe within the same are.
at he same tine, and wäh the price of land there
today!
Th this instance, we have a documented change
in haa dition, which shifted according To the
alignments and dictates of he Tif situation, The new
atangement as as follow
UA IRATISHUMEN, AITH UMA
KIVEN (outsiders).
IMNUDH, -IZAKIREN,
(AITH BU AYYASTD,
The Ath Bu Ayyash (and ith Aha) conn
ties naturally received the los share eed only
beaded that whenever the location of market was
up for change, the emghar or impharen who wasted
10 effect the change had lo obtain the Bin"
ofthe local arab,
4 Hang Distribution at the Wednesday market
Of Tai ith Tri:
The hag at his mos important market was divided
into the following five equa share
Y/S—AXT TUZIN: the Axt Tafi can of the Ant
“Tuzn received this share because the land on
which the market was located, beside the Upper
ur River, hd original, Belonged to tem
They had opposed the ctabshment of market.
on thot lind, so the bighand Al Waryasar,
after overiing their opposition lated them
‘one-fifth of the fine ss compensation
1/S-SIDI-HMID NSIDERHASS MISA'UD, who
vas given one-fifth al o imslt out of defer.
fence to hit holiness and that of hi liege,
and because he was also honorary amghar
“amagran, or top councilor.
and PAK
and IGHMIREN
eee
eee Pale, DB, eee à
Jo because Si Mis'ud had been Kid in another
Jacket and because, ho sal, l was not Known who
Rat ited him
The fst pont was true, Dut the second wes an
weht. Intrated, the ngharen ofthe Ath Yun
Ar and Lower Imran atved in force at Bu
ligado bum the houses fu na) Muhammad
nd is agnates. However, an affine of Mah nj Haj
fubammadl, à man from the Ath Ba “Ayyash
peared in the nick of time to resolve the mate
pesca. He brought en is. worth 200 duos
piece, 1 the assembled councilors as a guarantee
for Mh Hajj Muhammad payment of he fine
le iméharen agreed, andesite from sting the
orto is house. Mud Hajj Mohammad was thos
red io paying them tbe hagg, and then ino
Jing his own Affmaes, aftr the impar ad et,
s destitution was now evidently complete, as We
ear no more of im
2. Haag Disbuten at the Monday market of
the Ai Hat:
At this marke, before the fines were divided up,
i Hajj Muhammad, the leading member of the
aban lineage resident in sen (A Abal
us given same $0.40 dures "tp." The
‘Asef, amotning to 2,00 dios far murder bah
the market and on any path leading 10 or from
as then divided up in the following manner:
SCIMRABDHEN lineages resident in the AITH
© HADHIFA,
S—AITH BU JDAT (AITH HADHIFA)
/SIRAQRAQEN (AITH HADHIFA)
3, Haga Distribution athe Sag Aasim (OU Mar
) and Tate, atthe present Monday market of the
dan “Ayo
‘The so-called OM Market of the Ath Ba “Ayyash,
no longer in existence, as st up by an aga
Tiarwin, ons order with th neighboring som
nity of aire, inthe Al Ua “Ay sh wands,
as held on Mondays, andthe communities provi:
its regular constituents were Iron, Taran,
mire, Imnudh, Takkiven, Itsumo, and Ah
sin. Th market haga was sl in al between
communities of the “ue” Ath Ba "Ayyash
Valkren and Tifarwi, plus, ster on, Aith Aa
Elfen, Iianen, and Alh Bu Kh) and those of
Eb Aish Adhia ghmiren and Imnuch, los, er
{Ait Bu Sea Ah Bu Qiyadhen, ar Am, and
zuraktu), akliyen, Hatshumen and Aith Une
ES os being segment of ether ot nothing?
ES
E
FB POLITICAL AND JURAL SYSTEMS > wi
ANTE death of the oué com Tir,
vce Imgharen rom zakiren moved the market to
its present location, and it became known as the
Monday market of the Ai (or Bri) Bu Ay.
Inthe new location, the katshumen were now gen
3 share of the fines, Because they were of the Ath,
Yost w.Ari and hence in the same overall as
the “ive” Aith Bu “Ayyash, and their members
therefore undertook to defend the mountains against
the Ath” Adhia, The same el tru or he Pave
(ef Khums IV) and the Ath Unusin tol Kkums VW).
who now undertook o gud the market, The market
rounds, it might Be added, had been purchased for
{he paluy sum of 14 duros —one need only compare
{his othe price of a man's fe within the same are.
at he same tine, and wäh the price of land there
today!
Th this instance, we have a documented change
in haa dition, which shifted according To the
alignments and dictates of he Tif situation, The new
atangement as as follow
UA IRATISHUMEN, AITH UMA
KIVEN (outsiders).
IMNUDH, -IZAKIREN,
(AITH BU AYYASTD,
The Ath Bu Ayyash (and ith Aha) conn
ties naturally received the los share eed only
beaded that whenever the location of market was
up for change, the emghar or impharen who wasted
10 effect the change had lo obtain the Bin"
ofthe local arab,
4 Hang Distribution at the Wednesday market
Of Tai ith Tri:
The hag at his mos important market was divided
into the following five equa share
Y/S—AXT TUZIN: the Axt Tafi can of the Ant
“Tuzn received this share because the land on
which the market was located, beside the Upper
ur River, hd original, Belonged to tem
They had opposed the ctabshment of market.
on thot lind, so the bighand Al Waryasar,
after overiing their opposition lated them
‘one-fifth of the fine ss compensation
1/S-SIDI-HMID NSIDERHASS MISA'UD, who
vas given one-fifth al o imslt out of defer.
fence to hit holiness and that of hi liege,
and because he was also honorary amghar
“amagran, or top councilor.
and PAK
and IGHMIREN
eee
eee Pale, DB, eee à
1/S=AITH BU KHRIE (of the “tue” AFTH BU
AYVASHD.
2/5 ATH YIKKUR
names)
Gus {Year au
1/2 STHIZINMURIN
1/SATH TURIRTH
2/5 Lio HAI AMCAWSH (of BULMA)
( 2/s— LOL mar (DHARWA UFQIR
AZZUGWAGH, of L'ASS)
‘Tis an excellent example of equal shares going
to market consten, one in which one whole share
(or one ih) went to another ibe ently. a second
{oa singe Individual who was at once a holy man
(and a member of a "holy holy" lineage and the
{op amaher, and à Bird to a subeln/ community
(hich later became ene o participate in he shares
‘ofits own clan market, on Mondays, inthe Ath Bu
“ayyash, further north toward the plain The fina
vo Share went 10 two out of the thre localized
Subelans of the Ji Hnam. (The third Jo Ham
Subclan, the Timaraga, as indicated ester, received
their share of the tbl agg from the Ath Au
however, they ga their market hang from the Sunday
marke Sep ln the community of Tkhawamen (a
the ibe ofthe Igzinayen, to be discussed below)
5. Hagg Distribution tthe (former Sunday mar-
et of Limmuren (Ath Tus:
The Sunday markot of Limmare, on the west bank
‘of the Upper Nr, sell shove the Wednesday market
Of Tai, was located righ beside the house of the
Sant Sil Ha Missal, the founder of the lineage
Of the same name and himself a member of the wider
Upper Imrabähen neage of the Aith Kammun, The
market as set up by the son to whom hk baraka
‘was tarse, id Muhand m Si Hj) Misi
"bi market wtherodand died when the Wednesday
market tok precedence fr thregion while exited,
A supalated tht the hagg should be divided up as
follows
1/S—HAS) BIQQISH of IKHUWANEN (ASH.
ASIN, 1G
1/S-WA St MUI of THIN
IMRAR (ASHT"ARU "AISA, IGZINNAYEN)
1/S-SHAIKH “AMAR NI-MOADDIM of AITH
YUSIF (IIMARZGA, AITH WARYAGHAR)
US—"AMAR UZZUGWAGH OF L“ASS (Lif of
us { 1/2—SAMMAR (AITH U-SAMMAR)
1/2 1HARUNEN
DAT. air
WARYAGHAR,
ANCASH, ATT
WARYAGHAR,
Four points ate worthy of note hee: (1) the à
aren themselves take the fore rather tha the cl
‘ores they represent (2) Sli Muhand n Sil eH
Mau, under whose auspices the market was et
lished, did not, hime elect to receive any of
haa which would doubts have tented is bar
¿tute of the total haa was alloted 0 N
imharen o the neighboring tie ofthe Izinnayc
in a estore which effectively established Sid NIB
hand sprit influenee, if nt his hegemony, ove
the Igimayen clans in question and (2) none of th
above ever left the “planning stage.” as no muri
‘were ever commited i thi now defun market
thus no hagg was over paid. Had the haga DS
enforced here, A would have been 1.000 duos f
the market ct. Sui Mohand, however, dd app
10 provide an addtional safeguard: he held toh
fixed the divi où Bloodwealth, destined for $
ictim's agrates, at 100 dos inte of the 30
dros at which i was evidenly assessed in the pl
fal Husaima il non be clear that ith payment
as an academic question: was almost never acc
=
‘Sidi Muhand, he barake-possssor of his ine
Aidt. sem, revive any ofthe Inrabahen pon
Of ones of the total tribal hagas as noted, MAN
‘own share of this might have been as hile as 189)
pesetas, and for him to have traveled a long wäh
fn mulcback for such à pitance would have bee |
Shamsfl. He made up for this in other, more rem
erative waystin summer, during the rad nj urbe
AYVASHD.
2/5 ATH YIKKUR
names)
Gus {Year au
1/2 STHIZINMURIN
1/SATH TURIRTH
2/5 Lio HAI AMCAWSH (of BULMA)
( 2/s— LOL mar (DHARWA UFQIR
AZZUGWAGH, of L'ASS)
‘Tis an excellent example of equal shares going
to market consten, one in which one whole share
(or one ih) went to another ibe ently. a second
{oa singe Individual who was at once a holy man
(and a member of a "holy holy" lineage and the
{op amaher, and à Bird to a subeln/ community
(hich later became ene o participate in he shares
‘ofits own clan market, on Mondays, inthe Ath Bu
“ayyash, further north toward the plain The fina
vo Share went 10 two out of the thre localized
Subelans of the Ji Hnam. (The third Jo Ham
Subclan, the Timaraga, as indicated ester, received
their share of the tbl agg from the Ath Au
however, they ga their market hang from the Sunday
marke Sep ln the community of Tkhawamen (a
the ibe ofthe Igzinayen, to be discussed below)
5. Hagg Distribution tthe (former Sunday mar-
et of Limmuren (Ath Tus:
The Sunday markot of Limmare, on the west bank
‘of the Upper Nr, sell shove the Wednesday market
Of Tai, was located righ beside the house of the
Sant Sil Ha Missal, the founder of the lineage
Of the same name and himself a member of the wider
Upper Imrabähen neage of the Aith Kammun, The
market as set up by the son to whom hk baraka
‘was tarse, id Muhand m Si Hj) Misi
"bi market wtherodand died when the Wednesday
market tok precedence fr thregion while exited,
A supalated tht the hagg should be divided up as
follows
1/S—HAS) BIQQISH of IKHUWANEN (ASH.
ASIN, 1G
1/S-WA St MUI of THIN
IMRAR (ASHT"ARU "AISA, IGZINNAYEN)
1/S-SHAIKH “AMAR NI-MOADDIM of AITH
YUSIF (IIMARZGA, AITH WARYAGHAR)
US—"AMAR UZZUGWAGH OF L“ASS (Lif of
us { 1/2—SAMMAR (AITH U-SAMMAR)
1/2 1HARUNEN
DAT. air
WARYAGHAR,
ANCASH, ATT
WARYAGHAR,
Four points ate worthy of note hee: (1) the à
aren themselves take the fore rather tha the cl
‘ores they represent (2) Sli Muhand n Sil eH
Mau, under whose auspices the market was et
lished, did not, hime elect to receive any of
haa which would doubts have tented is bar
¿tute of the total haa was alloted 0 N
imharen o the neighboring tie ofthe Izinnayc
in a estore which effectively established Sid NIB
hand sprit influenee, if nt his hegemony, ove
the Igimayen clans in question and (2) none of th
above ever left the “planning stage.” as no muri
‘were ever commited i thi now defun market
thus no hagg was over paid. Had the haga DS
enforced here, A would have been 1.000 duos f
the market ct. Sui Mohand, however, dd app
10 provide an addtional safeguard: he held toh
fixed the divi où Bloodwealth, destined for $
ictim's agrates, at 100 dos inte of the 30
dros at which i was evidenly assessed in the pl
fal Husaima il non be clear that ith payment
as an academic question: was almost never acc
=
‘Sidi Muhand, he barake-possssor of his ine
Aidt. sem, revive any ofthe Inrabahen pon
Of ones of the total tribal hagas as noted, MAN
‘own share of this might have been as hile as 189)
pesetas, and for him to have traveled a long wäh
fn mulcback for such à pitance would have bee |
Shamsfl. He made up for this in other, more rem
erative waystin summer, during the rad nj urbe
ia
agg Dinan atte Sia market af
ots, Ahern esimayon;
[This small but interesting market was established
the Ha Bi are about 11 a
E nes una de may were aci by he
si ie Ar Morocen dependence y
Bi Fears later, it was once more renovated. In Biqgish’s
EN 4—IKAUWANEN (IGZINNAYEN)
À IMARRUSHEN (IGZINNAYEN).
EAST "ARU “AISA UGZINNAYEN),
EJ TIMARZGA (AITH WARYAGHAR)
Ie shoud ere be noted that us as the Axa Tuzin
Shared in the agg of the Wednesday market of
Erin, ands 140 ingharenof the Igzinnayen shared
a of the Sunday market of Izimnurn, so id
fine of market not properly thet own. They
1 exchidd fom participio i the fines of hei
mal marker (hat of Wednesday at Tawi), but
managed torecoup hreintheneighboring Sunday
ket (which is closer 10 them in actual distance)
Di thet sounem weighbors of the Igzinnayen.
over there vas an excellent reason or including
"Tina peopl inthe markt haggat uvanen:
"hos the whole Tinarzga lineage of the Yinn "A
Isa. in the community of Ath Yes, stood
Mla, and bene à ile, relationship to him
Haj Big Timarzg combine was ate rata
ken up by “Ab ali
ithe point here is that Hf given group did not
Betts share of the hagy in one market, it obtained
“The market haga vas a reflection
ily dy distri) of the ital hagg on a
er terior scale, bu because was ditrbuted
nly among the councilors of the clans or subchns
povided regular attendants of the market in
ston, the amount of money that each councilor
scie was greater than that received foe the bal
© ow I is que possible that in act as opposed 10
Henry, the collection of à fulls tal Maga Was
Fare even; the collection of the market agg, 10
D contrary, vas exceedingly common, given the
E taumcnt somewhat cular but noneiheess valid
the Al Waryaghar=that the peace of he market
[Es made ode rok,
‘SPONSORSHIP, PROTECTION, AND
PACTS
The notion of sponsorship or guarantee (dane)
vs mentioned eur in Connection withthe gan,
nd inthe previous section We noted the ease of a
rater or demin Who meuly failed in lis dy
Naturally, for example, if A wanted to borrow money
from B, and B id no Lust him 10 repay i Was
up to À to abun thd party, Ca who was on good
terms. withboth of them, o, ast as Ns. damn
(Likewise, a woman could ctas damna for another
‘woman. In the gusranee of matters such as haga
payment, however, a damin could play à paca
Eri ole—as a kind of hagg broker. Here is
function was (note: (1) to parate the good con-
‘ct of the members of the lineage group tha he
‘was sponsoring and (2) to guarantee the payment
‘of hagg by ths group shoul it become necessary
“Thedutiulesand the delicacy ire in his position
il be appreciated, and they lead us to some wider
Considerations regardingthe win ssues of sponsorship
and protection
"Nowhere in the Ri€ was there any erossarital
sponsorship ofthe Cental Aa tada variety in which
mon trom Tribe À who wanted, for example, 10
foto Tribe B's market had to ave a sponsor Tribe
[Bin onder to vouch or and protect him sota as
market tendance was concerned). During the Riu
ik, a man from Waryaghartand was perfectly free
te go tothe markets of the Iezinnayen or the Al
Aman or example, on any market day he chose;
he di no need to ke any precautionary measures
On hi score. Reciprocall men of other bes oul
Asten Waryaghar market.
However, the payment of dhactat was always
necessary for an ordinary traveler. This meant that
À ranger going from his own tribe (or from a town)
into the territory of another had to pay "protection
Money." which was caled dati to the leading
Amigo ofthe frst Community of the next tbe ln
Shih he found Riel The ater would thea pass
re ee
ee
agg Dinan atte Sia market af
ots, Ahern esimayon;
[This small but interesting market was established
the Ha Bi are about 11 a
E nes una de may were aci by he
si ie Ar Morocen dependence y
Bi Fears later, it was once more renovated. In Biqgish’s
EN 4—IKAUWANEN (IGZINNAYEN)
À IMARRUSHEN (IGZINNAYEN).
EAST "ARU “AISA UGZINNAYEN),
EJ TIMARZGA (AITH WARYAGHAR)
Ie shoud ere be noted that us as the Axa Tuzin
Shared in the agg of the Wednesday market of
Erin, ands 140 ingharenof the Igzinnayen shared
a of the Sunday market of Izimnurn, so id
fine of market not properly thet own. They
1 exchidd fom participio i the fines of hei
mal marker (hat of Wednesday at Tawi), but
managed torecoup hreintheneighboring Sunday
ket (which is closer 10 them in actual distance)
Di thet sounem weighbors of the Igzinnayen.
over there vas an excellent reason or including
"Tina peopl inthe markt haggat uvanen:
"hos the whole Tinarzga lineage of the Yinn "A
Isa. in the community of Ath Yes, stood
Mla, and bene à ile, relationship to him
Haj Big Timarzg combine was ate rata
ken up by “Ab ali
ithe point here is that Hf given group did not
Betts share of the hagy in one market, it obtained
“The market haga vas a reflection
ily dy distri) of the ital hagg on a
er terior scale, bu because was ditrbuted
nly among the councilors of the clans or subchns
povided regular attendants of the market in
ston, the amount of money that each councilor
scie was greater than that received foe the bal
© ow I is que possible that in act as opposed 10
Henry, the collection of à fulls tal Maga Was
Fare even; the collection of the market agg, 10
D contrary, vas exceedingly common, given the
E taumcnt somewhat cular but noneiheess valid
the Al Waryaghar=that the peace of he market
[Es made ode rok,
‘SPONSORSHIP, PROTECTION, AND
PACTS
The notion of sponsorship or guarantee (dane)
vs mentioned eur in Connection withthe gan,
nd inthe previous section We noted the ease of a
rater or demin Who meuly failed in lis dy
Naturally, for example, if A wanted to borrow money
from B, and B id no Lust him 10 repay i Was
up to À to abun thd party, Ca who was on good
terms. withboth of them, o, ast as Ns. damn
(Likewise, a woman could ctas damna for another
‘woman. In the gusranee of matters such as haga
payment, however, a damin could play à paca
Eri ole—as a kind of hagg broker. Here is
function was (note: (1) to parate the good con-
‘ct of the members of the lineage group tha he
‘was sponsoring and (2) to guarantee the payment
‘of hagg by ths group shoul it become necessary
“Thedutiulesand the delicacy ire in his position
il be appreciated, and they lead us to some wider
Considerations regardingthe win ssues of sponsorship
and protection
"Nowhere in the Ri€ was there any erossarital
sponsorship ofthe Cental Aa tada variety in which
mon trom Tribe À who wanted, for example, 10
foto Tribe B's market had to ave a sponsor Tribe
[Bin onder to vouch or and protect him sota as
market tendance was concerned). During the Riu
ik, a man from Waryaghartand was perfectly free
te go tothe markets of the Iezinnayen or the Al
Aman or example, on any market day he chose;
he di no need to ke any precautionary measures
On hi score. Reciprocall men of other bes oul
Asten Waryaghar market.
However, the payment of dhactat was always
necessary for an ordinary traveler. This meant that
À ranger going from his own tribe (or from a town)
into the territory of another had to pay "protection
Money." which was caled dati to the leading
Amigo ofthe frst Community of the next tbe ln
Shih he found Riel The ater would thea pass
re ee
ee
him on tothe border of the next tribe und would
provide him with ive or sx mento protec hi. When
the wavelr reach the al border, the men se
Sompanying him would return home, He would then
pay dhautat again to an influent amghar in the
xt tribe, wh, in tum, would sele five or six men.
to tke him tough that ites territory; and 0 on
À man going anywhere within he border of his our
be di not ave to pay date in Ware
Grand he were going from the Al Th tthe
Monday market ‘of the Ath Bu "Ayyash, or down
10 Ai, for he was generally known personally oe
atleast Board of an a fllow-tribesmany however, a
“hw Wasjaghar pong to the Ant Tizi or the Ath
“Anar most emphatically dd have to pay’
"ows and members ofthe low-stats groups (such
as indhyazen, Blacksmiths, andthe others discussed
i the beginning ofthis chapter) were exempt from
“hasta payment, as were members of nonfeuding
lineages: f man was beyond the politcal pale. he
‘was beyond it in every way. Also exempt ws an
adhebor ete fleing a blooded o haga payment
{othe council members But nobody ele was exempt,
And wave im another be’ ermlary fr any reas
‘ther than marketing or ende required the data
protection
‘Dhar could be pad in money or in Kind, and
the unl amount i said o have Den 10 0 20 duos.
‘The dhactt system was based upon the notion tha
ny tbe other than one's own was a potential (and
enerlly areal danger zone. An mar ho rec
“azra could of course safegurd a wavelet any
to the point at which his own fag authority ended,
find there the traveler would be taken up by a council
‘member of the net tribe, The instuton vas thus
ronal, Moreover, Because noncombatants were
sept, bil the payment and the reception of hte
fat, lke at of haga, were marks of the egalitarian
‘majority and of thet fl participation in the poll
However, there were and are other uses to which
this concept is put today. fr example, the tris
most offen employed o refe tos bribe that one slips
Lo tie ql in order 10 influence a lea decision in
one favor. The word caries an “under couter”
onnoaion, and in ıhe Past this was especially so
‘with regard to hired iligs: while dhactr was paid
for protection, it was likewise paid for elimination,
In is ls instance he récipient of he dhaitat was
called mph sain, ithe KI for mone,
nd such a man received his fee "underneath ts
Gila.
Albo hired assassination was nos fly ist
utionaize in Waryagharland and in the Cental Ri
fre said 6 have made vitally thei whol iv
this dubious pusslo, i was onihes que o
‘mon, at aston "one lime basis Although ha
never head of ny professional ils, a under
in Kaya or in the Moroccan Cental and An
{tom the A Tui and evo fromthe Iginnayen
thi deal with specifi stances in which dut
vas pid for munder. Natural. given the Kind
il involved, both the man sith the gun and thf
‘man who paid forthe Walt red to Keep the mat
‘ry cnt Tos fom th imagen OSS 9 248
Yr ny doce rom the, aed Ove
30, Rs an Mach Bh PS, rca) le
decae la wc a man tan va Bed 1
0 duos in ser
The Ath Tur materials revel another fact bc
‘he pola behavior ofthe znagen nage Gn
Sommuniy of Tizi: since it members were of
‘onthe fing, 20 10 speak, of the feuding ine
they were notorious for paying desta 10 wen
another. One ofthe Al Tui documents (my
te January 1984 describes what may, Rowen
be am inten lanagen murder he text e mot en
leat, fr which the kil received 70 duros
‘ther one (my MS. D, dated May, 1897, tates
‘haa candor
Prise be to God. Leti be known thatthe mia
land Menor ni Meade of the comnts
€ Bulma (lago ly Mquddam) was abet DES
God wo kl hs own fathers brother Mead AE
lin, of the same community, 4
al rected hs money rom the Sons of" AN
"add Urnag, ncknared “Dawaa™ (when
the enaaansublineae of awdamen) because
above Maud had led the above Abd
ad aca
Wate. ie a hy
it “aby had en fed ns ost
Bis spt gel on un ow, Mi
Ads was is puras cie Mans
‘acne nae py Bowe,
Diner gui” He way Bass pare
a
Mia had tol Ri thas he Rod ied A 2
‘fod and ay hd nenn 0 RS
Sine gro nine Ms had Se)
provide him with ive or sx mento protec hi. When
the wavelr reach the al border, the men se
Sompanying him would return home, He would then
pay dhautat again to an influent amghar in the
xt tribe, wh, in tum, would sele five or six men.
to tke him tough that ites territory; and 0 on
À man going anywhere within he border of his our
be di not ave to pay date in Ware
Grand he were going from the Al Th tthe
Monday market ‘of the Ath Bu "Ayyash, or down
10 Ai, for he was generally known personally oe
atleast Board of an a fllow-tribesmany however, a
“hw Wasjaghar pong to the Ant Tizi or the Ath
“Anar most emphatically dd have to pay’
"ows and members ofthe low-stats groups (such
as indhyazen, Blacksmiths, andthe others discussed
i the beginning ofthis chapter) were exempt from
“hasta payment, as were members of nonfeuding
lineages: f man was beyond the politcal pale. he
‘was beyond it in every way. Also exempt ws an
adhebor ete fleing a blooded o haga payment
{othe council members But nobody ele was exempt,
And wave im another be’ ermlary fr any reas
‘ther than marketing or ende required the data
protection
‘Dhar could be pad in money or in Kind, and
the unl amount i said o have Den 10 0 20 duos.
‘The dhactt system was based upon the notion tha
ny tbe other than one's own was a potential (and
enerlly areal danger zone. An mar ho rec
“azra could of course safegurd a wavelet any
to the point at which his own fag authority ended,
find there the traveler would be taken up by a council
‘member of the net tribe, The instuton vas thus
ronal, Moreover, Because noncombatants were
sept, bil the payment and the reception of hte
fat, lke at of haga, were marks of the egalitarian
‘majority and of thet fl participation in the poll
However, there were and are other uses to which
this concept is put today. fr example, the tris
most offen employed o refe tos bribe that one slips
Lo tie ql in order 10 influence a lea decision in
one favor. The word caries an “under couter”
onnoaion, and in ıhe Past this was especially so
‘with regard to hired iligs: while dhactr was paid
for protection, it was likewise paid for elimination,
In is ls instance he récipient of he dhaitat was
called mph sain, ithe KI for mone,
nd such a man received his fee "underneath ts
Gila.
Albo hired assassination was nos fly ist
utionaize in Waryagharland and in the Cental Ri
fre said 6 have made vitally thei whol iv
this dubious pusslo, i was onihes que o
‘mon, at aston "one lime basis Although ha
never head of ny professional ils, a under
in Kaya or in the Moroccan Cental and An
{tom the A Tui and evo fromthe Iginnayen
thi deal with specifi stances in which dut
vas pid for munder. Natural. given the Kind
il involved, both the man sith the gun and thf
‘man who paid forthe Walt red to Keep the mat
‘ry cnt Tos fom th imagen OSS 9 248
Yr ny doce rom the, aed Ove
30, Rs an Mach Bh PS, rca) le
decae la wc a man tan va Bed 1
0 duos in ser
The Ath Tur materials revel another fact bc
‘he pola behavior ofthe znagen nage Gn
Sommuniy of Tizi: since it members were of
‘onthe fing, 20 10 speak, of the feuding ine
they were notorious for paying desta 10 wen
another. One ofthe Al Tui documents (my
te January 1984 describes what may, Rowen
be am inten lanagen murder he text e mot en
leat, fr which the kil received 70 duros
‘ther one (my MS. D, dated May, 1897, tates
‘haa candor
Prise be to God. Leti be known thatthe mia
land Menor ni Meade of the comnts
€ Bulma (lago ly Mquddam) was abet DES
God wo kl hs own fathers brother Mead AE
lin, of the same community, 4
al rected hs money rom the Sons of" AN
"add Urnag, ncknared “Dawaa™ (when
the enaaansublineae of awdamen) because
above Maud had led the above Abd
ad aca
Wate. ie a hy
it “aby had en fed ns ost
Bis spt gel on un ow, Mi
Ads was is puras cie Mans
‘acne nae py Bowe,
Diner gui” He way Bass pare
a
Mia had tol Ri thas he Rod ied A 2
‘fod and ay hd nenn 0 RS
Sine gro nine Ms had Se)
| and was shen Kill i tum. Fr his sexton there
as no reclamacion [bara de ts for tre
‘iss one dead man on each Side fom the proper
|< atthe den man frm the aforemenionc À
Wealth The Sone of Dawa end” also that
© rin as mow sau and made peace tal
[feller ig tg a a es vs
(de sons of Mayan five wih Mand wean)
> andthe estic thatthe afar war now nad
|) between them and tha they were qua The
| aerated writes ths done so that al wil Know
| atthe end of Dhu jaa Haram nthe year
this" {May 1897)" Tne servant of o Gol, Jay
Goa Sess him. Muhammad bn Mohammad Sa
sigh atta" NCB an armour rom
the despised Inenge of De Ihawıchen)
à very intresting cate of dhazta paid or a ied
luting concerns the Haj Hada Tahir of the lowiand
{ith Aricommunityof Ath Mosa Ama. Someone
ne insultes him, and, as he was a man of some
Somequence, both an dmghar and a hal, be Would
fot stand for it. So be promised his alhummas à
À new jlo and à considerable sum of money I he
© out dispose ofthe calummator, The akhamias duly
0 ent out on his master’s eran, but he appear to
Eve had change of heat some along Ih Wa)
“or he came tothe conclusion that be personal had
no quarel with he other paty, and that hene there
Fas no reason tok his. Therefore, withthe prospect
à hundsome reward in his pocket, he announced
[E pon his arrival home that he ha shot the man and
ud returned undetected. However, the Hajj Hadda
Soon earned the Aut, and, Tura, he locked up
is athammas for three days without food or water
He then cut ff his cars and sent him packing
‘Cass of tis sor rely ndicto jst how cheaply
Ira life was rated. I goes without saying tha
rally ll men were amed at al ines, and that
hen they went to masque or markt hei ls were
lung across cir bucks and thei dagaes were a
ber sides. Women, of course, were theoretically
Fe ts rai son oth noms juny
Bouck momo, ao sen de atin of ume
Ts extreme, and one ofits manifestations during the
Ripe was in the fact that any man who happened
| eer ci
| a
forbidden to shoot him. Inthe same way, a wedding
procession caries great huma or espe! because of
the brie. (Today such hurma is manifested sven
toward the women of the thawtshen lineage, the
ones the Aith Tut: when they got the spring.
to fetch water ealy in the morning and late in the
afternoon all men in the vit must fave he path
‘ear for them, out of respec. Should any man go
thereto fetch water a he same timo ss the women
most anlkely, as this is women’s work they
have the right to lodge a complaint against him. It
will alo be recalled that a guard is always placed
ta Safe distance from any women’s markt in order
to keep men out) However in actuality women di
‘ceasonally et ie, anoscasonally id her share
Fine Kling: the feud was May contagious
‘An elderly Ath Tri informant Guho was sath
‘ofthe Ji Ham subcans in 1955) sai ha in some
arts of the Al "Arus, nlably tthe comm,
‘of Bu Sida, “there has never Been any respect for
Anybody or anything” only an eternal round of
Violence, murder, and sudden dest, in wich bones
msi) were eternally Ht on the mountaintops as
signal (0 all and sundry to pick up their rifles and
‘ome running to the scene of ball eed, popular
imagery makes the violence of the A “Anz out
to be a vitual caricature of that of the ret of the
‘ith Waryagha. Inthe Wednesday market of Tait,
the market cir would announee the imsa'amen
“adress "or "frenzy," with monotonous purity
a Sate of hot had broken out between two more
lineages ofthe th Ars)
We now come to anaiher aspect of the concept
‘protection: protection in the form of special pact,
‘There were and are essentially two kinds of pact
cachinvolvinga very ferent kindof situaland ving
Very diferent objectives, These institutions of “ar and
“ahd have been given pelminary deserve trat
ment by Coon forthe Central Ri, and have been
analyzed by Westermarck for other pars ol Moro.
£0.* Coon tenders "ar as "shame compuison” and
ld as "aah; Westermarck considers “arto be a
“conditional curs” and "ahd to be a "vow, salem,
promise, covenant." In my view, Coon is perhaps
‘loser 10 the point on "ar than ih Westermatch, and
Westermarck i father closer than Coon on “a
However since these are both very much ke isi
tina terms, such transition only enable st bala
partial views ofthe pete
In comparin these two institutions wit sich other,
as no reclamacion [bara de ts for tre
‘iss one dead man on each Side fom the proper
|< atthe den man frm the aforemenionc À
Wealth The Sone of Dawa end” also that
© rin as mow sau and made peace tal
[feller ig tg a a es vs
(de sons of Mayan five wih Mand wean)
> andthe estic thatthe afar war now nad
|) between them and tha they were qua The
| aerated writes ths done so that al wil Know
| atthe end of Dhu jaa Haram nthe year
this" {May 1897)" Tne servant of o Gol, Jay
Goa Sess him. Muhammad bn Mohammad Sa
sigh atta" NCB an armour rom
the despised Inenge of De Ihawıchen)
à very intresting cate of dhazta paid or a ied
luting concerns the Haj Hada Tahir of the lowiand
{ith Aricommunityof Ath Mosa Ama. Someone
ne insultes him, and, as he was a man of some
Somequence, both an dmghar and a hal, be Would
fot stand for it. So be promised his alhummas à
À new jlo and à considerable sum of money I he
© out dispose ofthe calummator, The akhamias duly
0 ent out on his master’s eran, but he appear to
Eve had change of heat some along Ih Wa)
“or he came tothe conclusion that be personal had
no quarel with he other paty, and that hene there
Fas no reason tok his. Therefore, withthe prospect
à hundsome reward in his pocket, he announced
[E pon his arrival home that he ha shot the man and
ud returned undetected. However, the Hajj Hadda
Soon earned the Aut, and, Tura, he locked up
is athammas for three days without food or water
He then cut ff his cars and sent him packing
‘Cass of tis sor rely ndicto jst how cheaply
Ira life was rated. I goes without saying tha
rally ll men were amed at al ines, and that
hen they went to masque or markt hei ls were
lung across cir bucks and thei dagaes were a
ber sides. Women, of course, were theoretically
Fe ts rai son oth noms juny
Bouck momo, ao sen de atin of ume
Ts extreme, and one ofits manifestations during the
Ripe was in the fact that any man who happened
| eer ci
| a
forbidden to shoot him. Inthe same way, a wedding
procession caries great huma or espe! because of
the brie. (Today such hurma is manifested sven
toward the women of the thawtshen lineage, the
ones the Aith Tut: when they got the spring.
to fetch water ealy in the morning and late in the
afternoon all men in the vit must fave he path
‘ear for them, out of respec. Should any man go
thereto fetch water a he same timo ss the women
most anlkely, as this is women’s work they
have the right to lodge a complaint against him. It
will alo be recalled that a guard is always placed
ta Safe distance from any women’s markt in order
to keep men out) However in actuality women di
‘ceasonally et ie, anoscasonally id her share
Fine Kling: the feud was May contagious
‘An elderly Ath Tri informant Guho was sath
‘ofthe Ji Ham subcans in 1955) sai ha in some
arts of the Al "Arus, nlably tthe comm,
‘of Bu Sida, “there has never Been any respect for
Anybody or anything” only an eternal round of
Violence, murder, and sudden dest, in wich bones
msi) were eternally Ht on the mountaintops as
signal (0 all and sundry to pick up their rifles and
‘ome running to the scene of ball eed, popular
imagery makes the violence of the A “Anz out
to be a vitual caricature of that of the ret of the
‘ith Waryagha. Inthe Wednesday market of Tait,
the market cir would announee the imsa'amen
“adress "or "frenzy," with monotonous purity
a Sate of hot had broken out between two more
lineages ofthe th Ars)
We now come to anaiher aspect of the concept
‘protection: protection in the form of special pact,
‘There were and are essentially two kinds of pact
cachinvolvinga very ferent kindof situaland ving
Very diferent objectives, These institutions of “ar and
“ahd have been given pelminary deserve trat
ment by Coon forthe Central Ri, and have been
analyzed by Westermarck for other pars ol Moro.
£0.* Coon tenders "ar as "shame compuison” and
ld as "aah; Westermarck considers “arto be a
“conditional curs” and "ahd to be a "vow, salem,
promise, covenant." In my view, Coon is perhaps
‘loser 10 the point on "ar than ih Westermatch, and
Westermarck i father closer than Coon on “a
However since these are both very much ke isi
tina terms, such transition only enable st bala
partial views ofthe pete
In comparin these two institutions wit sich other,
‘Coon and Westermarck both follow Rifan proscdur,
for they are casi comparable. Te mus, however,
be emphasized tht desp this comparability, they
ae very diferent, both inital content und i
objectives
“Aris a special form of supplication in which the
pestiner, through Sacrificing an animal, shames or
Sven coeres the petitionse into helping him paint
is wills for otto comply with the request once the
sacrifice has teen made would bring, tremendos
Shame upon the party soliited, whose honor now
At take In this Sense the “ar concept is very closely
linked tothe hashuma or shame concept, and Coon
is certainly comet, although he does ot discuss
hhashamaas such. Bü aris aio just as closely liked
10 the concept of “aus pardon, which the indivi
whose aid is being soled is forced lo give his
Petitioner, through doing a tha iin his power o
FG is request In Waryagharand dis request ws.
most always specifically a plea for material ad in
& bloodfeud on the part of à lineage on the losing
de (nd thus the pastes to it were usually groups
father than individual). In any event, the point is
hat A, i requesting hep from Bn ths way, stands
na subservient position do him, but by the same
token, A's “condional cure” on Bis deemed to
take effect when B does ot provide the assistance
requested, (Westermarck note similar "condition
fuse” ineren inthe ital ation ofthe ad who.
fleeing his pursuers, pus his hand on the handel
inside he house, and in 0 doing, becomes an thr,
a refugee: forthe handel not only belongs to the
lady ofthe house, salsa symbol of destruction
The animal most typical used in an “ar sacrifice
is a ball. The petitioner lad to the moque of
the group being petitioned, and thet spokesman ac
fies there, tering the invocation Bam, Ala
‘Alar, and rialyeuting its hat in such a fashion
that its blood spurs allover the threshold. Should
the surifce he feed a the doorstep of the Rouse
of à powerful emghar the women ron out and pick
Up spoonfls ofthe blood, which, mixed it wate,
is then given to cldren to cure whooping couth,
(The same i done when the household head himself
Sacrifices the taiinal ram a the “Aid FR)
The symbolism here i tht the act of sacrifice
haggarth involves the deprivation of the ble of
fn animal, living organism, which as à sit (rh)
just as any human being has and the pardon asked
ff God by the petitioner for taking the le ef this
Animal is what compels or shames the petition into
Sacrifice animal is cooked and is partaken of by alls
present—petitoners,petiionees, and everyone fo}
the subservient positon of to petitioner does nor
preclude the observance of (he principle of com
mens. a
Two striking cases of ‘er sacrifice, both of thea A
from the Ath Bu "Ayyash, ae recounted below. One
use dates from about 1950-1951
Beauly how pressure can be succesuly exerted
on even the highest placed oficial; the ater case
¿ate fromthe Rubia stats what can harpe
‘when a man pettioned through "ar does not or
is peiioner's demand.
"The Quid Hajj Hadds n-Muh Amzzyan of
istration in 1926. He was a walking encyclopedia ofl
Ath Waryaghar Custom, and he was aso pertaps
35 near 10 being a "Grand Quid,” in ıhe ser
Sptomized by the Glawi in the French zone, th
also the toughest old man Ihave Over kon ia
Iie. He was said—by his detractors, ami
havetbeenindizeey responsible forthe deaths of 0
‘office in 1950-195.
The "ar factor Was instrumental inthe Qui Had
removal from office, and thus the circumstances ul
removal ae of very great inres, His constituent
brought about his dismisa, going over the head 0
the Spanish Army major who was atthe tine t
Imervenor Comarca in Air and a staunch 3
10 Ten, the capt of the Spanish Zone, o ro
noftiniy tothe High Commisoner,
Varel: while in Tetuan, they. soon found out
à Similar noticia delegation fromthe Sinha Si
tebe of the Zargat had also come to Tetuan
Sharm in Targist=aho. vas also favored. by
Inerventor Comarcal there. The two groups quie
made common cane, the Ath Waryaghar delega
implanting in the minds sí the Zarqas tha MG
At the main door of the principal Spanish Ca
for they are casi comparable. Te mus, however,
be emphasized tht desp this comparability, they
ae very diferent, both inital content und i
objectives
“Aris a special form of supplication in which the
pestiner, through Sacrificing an animal, shames or
Sven coeres the petitionse into helping him paint
is wills for otto comply with the request once the
sacrifice has teen made would bring, tremendos
Shame upon the party soliited, whose honor now
At take In this Sense the “ar concept is very closely
linked tothe hashuma or shame concept, and Coon
is certainly comet, although he does ot discuss
hhashamaas such. Bü aris aio just as closely liked
10 the concept of “aus pardon, which the indivi
whose aid is being soled is forced lo give his
Petitioner, through doing a tha iin his power o
FG is request In Waryagharand dis request ws.
most always specifically a plea for material ad in
& bloodfeud on the part of à lineage on the losing
de (nd thus the pastes to it were usually groups
father than individual). In any event, the point is
hat A, i requesting hep from Bn ths way, stands
na subservient position do him, but by the same
token, A's “condional cure” on Bis deemed to
take effect when B does ot provide the assistance
requested, (Westermarck note similar "condition
fuse” ineren inthe ital ation ofthe ad who.
fleeing his pursuers, pus his hand on the handel
inside he house, and in 0 doing, becomes an thr,
a refugee: forthe handel not only belongs to the
lady ofthe house, salsa symbol of destruction
The animal most typical used in an “ar sacrifice
is a ball. The petitioner lad to the moque of
the group being petitioned, and thet spokesman ac
fies there, tering the invocation Bam, Ala
‘Alar, and rialyeuting its hat in such a fashion
that its blood spurs allover the threshold. Should
the surifce he feed a the doorstep of the Rouse
of à powerful emghar the women ron out and pick
Up spoonfls ofthe blood, which, mixed it wate,
is then given to cldren to cure whooping couth,
(The same i done when the household head himself
Sacrifices the taiinal ram a the “Aid FR)
The symbolism here i tht the act of sacrifice
haggarth involves the deprivation of the ble of
fn animal, living organism, which as à sit (rh)
just as any human being has and the pardon asked
ff God by the petitioner for taking the le ef this
Animal is what compels or shames the petition into
Sacrifice animal is cooked and is partaken of by alls
present—petitoners,petiionees, and everyone fo}
the subservient positon of to petitioner does nor
preclude the observance of (he principle of com
mens. a
Two striking cases of ‘er sacrifice, both of thea A
from the Ath Bu "Ayyash, ae recounted below. One
use dates from about 1950-1951
Beauly how pressure can be succesuly exerted
on even the highest placed oficial; the ater case
¿ate fromthe Rubia stats what can harpe
‘when a man pettioned through "ar does not or
is peiioner's demand.
"The Quid Hajj Hadds n-Muh Amzzyan of
istration in 1926. He was a walking encyclopedia ofl
Ath Waryaghar Custom, and he was aso pertaps
35 near 10 being a "Grand Quid,” in ıhe ser
Sptomized by the Glawi in the French zone, th
also the toughest old man Ihave Over kon ia
Iie. He was said—by his detractors, ami
havetbeenindizeey responsible forthe deaths of 0
‘office in 1950-195.
The "ar factor Was instrumental inthe Qui Had
removal from office, and thus the circumstances ul
removal ae of very great inres, His constituent
brought about his dismisa, going over the head 0
the Spanish Army major who was atthe tine t
Imervenor Comarca in Air and a staunch 3
10 Ten, the capt of the Spanish Zone, o ro
noftiniy tothe High Commisoner,
Varel: while in Tetuan, they. soon found out
à Similar noticia delegation fromthe Sinha Si
tebe of the Zargat had also come to Tetuan
Sharm in Targist=aho. vas also favored. by
Inerventor Comarcal there. The two groups quie
made common cane, the Ath Waryaghar delega
implanting in the minds sí the Zarqas tha MG
At the main door of the principal Spanish Ca
Ses
Le
ER
FEIERTEN,
RER
RE
Lo mass every Sunday with his wife. The folowing
Sunday. ihe petioners did exactly that the foal
Sonfuson onthe par of the High Commissioner, his
wife, and the officiating priest, as they saw a ball
crie a crowdofirbanned and bearded Rifas
on the church steps, may be imagine. Al of the
Fins were granted an audience sith the High Com
tisioner the very next day, muy be noted that
inthis case, the meat ofthe bal hat Vas slaughtered
as given lo the poor, ut hen the site of sacrifice
isl was rater exceptional)
The upshot of the joint complaints was a telegram
rom the High Commissioner 1 the Intesentor Tor
toral del Rif in al Husaima (hen Vil Sanjurjo,
Saying that Hada and Shara were 1 be removed
from their quid is and thatthe two interentores
fomarcaesotAidrand Targht were tobe transfer
‘The telegram arived as a tel blow: one gathers thst
ot a single Spuishicer wanted t Luke the respon
y o informing the Qaid Had of his isms,
As ithappened, he only head the news by accident,
He was, o course, furious as weil as moral offen.
ed, and he went directly back to his house in Ath
Bu Ki and did no reappear for atleast yeu.
The gaidship was eventual fied again in 1958 (er
à theeyear vacaney) by Hid Budra, a lowlander
of the Iktishumen inthe Ath Yusi Avi he had
‘reviusy been Quid of the Uta and, before that,
‘abd al Kris Minster of War. Baden, 00, vas a
Yard man, one who had spent considerable Une in
Spanish jails in Melila in the early years of the
proectrate-but he was notas hard as Had,
“The other case involving “aris somewhat more
Gnvicat, and Cannot propeiy be enplinsd without
‘desertion ofthe events at ed up 10. In de
Ine nineteen and early twentieth centuries, he Ha)
Muhand of ar Rabda was ons ofthe most powerful
mehren of ıhe Ak “Adhiya Saba of the Ath
Bu "Ayyash. He always went tothe Monday market
athe Ath By “Ayyash wäh sity or seventy armed
en, and throughout most of the subelan LE.
te was listened o with resp
‘One day a man from ar Haba got into an argument
with one of the Ha Muhand' sons (possibly over
à woman) and shot him. The murderer escaped a5
fn adh to tbe Ath Bu Sita lineage (also of the
Ath Ada) located in Ath Bu Kh He wok rege
‘ere with a certain Hajj Mhand, who was on very
3008 ters wih the Hay) Muhand of arab. Word
began to argue over the matter with bis own son.
who. had. became friends withthe marderer in the
interim and did not want to hand him over, Knowing
the fate tht would be instore for him. The word
of hit fore to got rid of the murderer then came
back tothe Hajj Muhand, who appears 0 have been
good anda just mans he did ot or he ime being,
pres the mater
The Hajj Muhand, however, had another son, a
hothcaded boy of seventeen named “Asa, who
decided that this state of affairs had gone on long
enough, and that it was ime to take mates im
is own hands and to exercise the standard Al
Waryagharrgh of sep. So he purchase sf
and one Monday he took 10 the marke ith hin
‘when his father decided hat i at time o lod up
the mules and go home, h could no find "Abdısram
anywhere. So he put two and two together, and Went
a fast as his mule cout cary him along the path
to Aith Bu Kit
But he arived 100 late. “Abdssam, hidden at à
vantage point behind Jntiscus bush, which was
(unfortunatly rather faraway fom he path but ot
fut ol sl range, had spotted the murder and the
Son of the Hay Mhand coming song the path. He
had already noticed that when the let the market,
the murderer of his brother was ring the mule and
the Haj Mhand' son was on foot; although he was
now 100 far away to distinguish between the 160,
fe took aim and fied at he man on the mue, wi
toppled off, dead. "Abdssram did not know that the
two had changed places midway, and he realized 100
lt tht he a ie Ae sono a te en
‘urderor who wae the intended target an off
ino the moun, vi “Abram fing ar Un
repeately: but be mised him, and the man ot wa)
"No agg ws paid; however not ony was publ
opinion strongly against Abdssra for his ash ction,
bt bis own father was furious as wel, “Abisstam
Has) Mohand had to get muay ln a busty, so be
took à boat for Tangier, the urban haves of lion
from Waryagharland: there o sayed forfour years.
‘uring which time he marred. However, he had 2
Strong desire tortura home and see how things had
gone in his absence, so he gradually made his way
Buck. is return was unknown o is father, and he
Pad o stay im hiding in the mountain, though From
ine o time he would slip back to arado, where
iS mother gave im food on the qui
PN
RR
Sl his came back 6 Ihe Hajj Mukand, and, one
Monday inthe markt, he approached he Haj Mhand
And asked him, in We interests of justice, to num.
his son's murderer over 0 him The Haj Mand the
‘One Monday, when the Hajj Muhand was in the
marke, a man from Imnudh casually boasted that
he had a new rifle that could il anything, at any
distance, and that not even the Fa) Muhand as
DE
Le
ER
FEIERTEN,
RER
RE
Lo mass every Sunday with his wife. The folowing
Sunday. ihe petioners did exactly that the foal
Sonfuson onthe par of the High Commissioner, his
wife, and the officiating priest, as they saw a ball
crie a crowdofirbanned and bearded Rifas
on the church steps, may be imagine. Al of the
Fins were granted an audience sith the High Com
tisioner the very next day, muy be noted that
inthis case, the meat ofthe bal hat Vas slaughtered
as given lo the poor, ut hen the site of sacrifice
isl was rater exceptional)
The upshot of the joint complaints was a telegram
rom the High Commissioner 1 the Intesentor Tor
toral del Rif in al Husaima (hen Vil Sanjurjo,
Saying that Hada and Shara were 1 be removed
from their quid is and thatthe two interentores
fomarcaesotAidrand Targht were tobe transfer
‘The telegram arived as a tel blow: one gathers thst
ot a single Spuishicer wanted t Luke the respon
y o informing the Qaid Had of his isms,
As ithappened, he only head the news by accident,
He was, o course, furious as weil as moral offen.
ed, and he went directly back to his house in Ath
Bu Ki and did no reappear for atleast yeu.
The gaidship was eventual fied again in 1958 (er
à theeyear vacaney) by Hid Budra, a lowlander
of the Iktishumen inthe Ath Yusi Avi he had
‘reviusy been Quid of the Uta and, before that,
‘abd al Kris Minster of War. Baden, 00, vas a
Yard man, one who had spent considerable Une in
Spanish jails in Melila in the early years of the
proectrate-but he was notas hard as Had,
“The other case involving “aris somewhat more
Gnvicat, and Cannot propeiy be enplinsd without
‘desertion ofthe events at ed up 10. In de
Ine nineteen and early twentieth centuries, he Ha)
Muhand of ar Rabda was ons ofthe most powerful
mehren of ıhe Ak “Adhiya Saba of the Ath
Bu "Ayyash. He always went tothe Monday market
athe Ath By “Ayyash wäh sity or seventy armed
en, and throughout most of the subelan LE.
te was listened o with resp
‘One day a man from ar Haba got into an argument
with one of the Ha Muhand' sons (possibly over
à woman) and shot him. The murderer escaped a5
fn adh to tbe Ath Bu Sita lineage (also of the
Ath Ada) located in Ath Bu Kh He wok rege
‘ere with a certain Hajj Mhand, who was on very
3008 ters wih the Hay) Muhand of arab. Word
began to argue over the matter with bis own son.
who. had. became friends withthe marderer in the
interim and did not want to hand him over, Knowing
the fate tht would be instore for him. The word
of hit fore to got rid of the murderer then came
back tothe Hajj Muhand, who appears 0 have been
good anda just mans he did ot or he ime being,
pres the mater
The Hajj Muhand, however, had another son, a
hothcaded boy of seventeen named “Asa, who
decided that this state of affairs had gone on long
enough, and that it was ime to take mates im
is own hands and to exercise the standard Al
Waryagharrgh of sep. So he purchase sf
and one Monday he took 10 the marke ith hin
‘when his father decided hat i at time o lod up
the mules and go home, h could no find "Abdısram
anywhere. So he put two and two together, and Went
a fast as his mule cout cary him along the path
to Aith Bu Kit
But he arived 100 late. “Abdssam, hidden at à
vantage point behind Jntiscus bush, which was
(unfortunatly rather faraway fom he path but ot
fut ol sl range, had spotted the murder and the
Son of the Hay Mhand coming song the path. He
had already noticed that when the let the market,
the murderer of his brother was ring the mule and
the Haj Mhand' son was on foot; although he was
now 100 far away to distinguish between the 160,
fe took aim and fied at he man on the mue, wi
toppled off, dead. "Abdssram did not know that the
two had changed places midway, and he realized 100
lt tht he a ie Ae sono a te en
‘urderor who wae the intended target an off
ino the moun, vi “Abram fing ar Un
repeately: but be mised him, and the man ot wa)
"No agg ws paid; however not ony was publ
opinion strongly against Abdssra for his ash ction,
bt bis own father was furious as wel, “Abisstam
Has) Mohand had to get muay ln a busty, so be
took à boat for Tangier, the urban haves of lion
from Waryagharland: there o sayed forfour years.
‘uring which time he marred. However, he had 2
Strong desire tortura home and see how things had
gone in his absence, so he gradually made his way
Buck. is return was unknown o is father, and he
Pad o stay im hiding in the mountain, though From
ine o time he would slip back to arado, where
iS mother gave im food on the qui
PN
RR
Sl his came back 6 Ihe Hajj Mukand, and, one
Monday inthe markt, he approached he Haj Mhand
And asked him, in We interests of justice, to num.
his son's murderer over 0 him The Haj Mand the
‘One Monday, when the Hajj Muhand was in the
marke, a man from Imnudh casually boasted that
he had a new rifle that could il anything, at any
distance, and that not even the Fa) Muhand as
DE
immune. To prove his pont this man shot his gun
‘olf in the airy in the general direction of the market
“bullet missed ts mark by fr, but the Haj Mu
was enraged that anyone Should even suggest that
hee done in.
The news of thi ncidet and the identity ofthe
boaster reached “Abdsiram maj Mund in Ihe
mountains, and ho went of with his gun o Im
He layin wat forthe boastr in a clump of acts
ear the Tater's house, and when the man arved
Abdssram, now no novice in the gente ar of bush.
whacking, st him into eternity. Wen the Haj)
Muhand head this mous, he welcomed back is
Long ost on with open arms
Now, of course, state of foud existed between
the people of arabda and those of much. The
Hajj Mühand, more anxions now than ever o rid
himself of his debt 0 the Hajj Mhand of the Al,
Bu Sita, decided thatthe tine had come for an ar
sacrifice, He went 1 his old fiends house with some
of the Imrabdhen of the Zawith Sid Yusif, and
Slaughtreda ball onthe doorstep. AN reset took
‘ofthe meat, and after they had eaten the palin
began, The bloodwealth for the death of the Hay
‘hand's son some four years enter was fixed at
100 durs. This sum the Hajj Muhand paid over
wilngly and at once, as he was anni hal hs
Tongstanding friendship wi the Hajj Man shoul
continue desp al ha had happened But afterward
the Invalsten who had accompanied him in oder
10 make the overtures for peace tld the Hajj Mutant
that they had smelled a rats and indeed, the Haj
Mhand gave the whole ofthe bloodvealth payment
10 the people of Imaudh in order 10 buy rifle and
ammunition to continue th feud with arab, This
act states again e everpresen Ath Waryashar
tendency to break rules of their own making. The
Society a are lived by the gun rather than by the
rulebook
The Al ar Rada were greatly outnumbered, but
tir men, a the story goes, were mor valiant, and
inthe fighting ha esued, Abdssramn Haj Maha
‘often played a lo han. One night he went to Imnudh,
‘withthe intention of bagging some of his enemies,
and cept ito the house of one of them to find ia
sleep with his wife, He resisted with peat iffiuly
the temptation to kl the man, bata order to make
known his visit he left bullet by the bedside, When
heater met the man face to face in combat, he ask
him be had happened to find this earrdge, The
man replied in the affirmative, and wondered what
it was all about. “Abe old im what had
happened, snd the man from Imnudh relied that,
although he was at feud with the Alt ar Rab, he
woul always consider
182 personal fend.
‘Thos it seems tht “Abdssram prefered his targets
10 be moving ones. On another occasion, when he
Abdsstam nj Haji Mohan
craved up behind a ee and shot five ofthe Ai
Umnudh before geting avay again, bat the detal
of how he managed to escape witha broken leg were
inal, and he capped hi career as anigharby becoming
‘Abd arin’ Minster of War on the eastern front
(hile Hmid Bude, mentioned above asthe succes
of the fearsome Quid Had, el the same job 08
the western frond). He defected, however, o he
Spaniards who offered him money. and he miracu
ously escaped the wrath of "Abd arin to become
3 gai in the subsequent Spanish administracion. He
‘only did in 1948, aged neu 50
"AR, 10 which we now tum, is a pact, vow, al
staid a he iergrosp evel female hi
between individuals or "groups of equal stas
CAbdstam's decision to desist from shooting th
Sleeping man in Imnudh did ot invlve a pact 0
‘ahd ba given he subsequent unbreakable friends
of the two men, À might have) I is not, ste
Speaking, an cut and t never imaives Sack
tis, however, taken in a mosque or at the tom
of a powerful stint, and i is taken on à copy dl
{he Quran—which the Aith Waryaghar ln any conte
of vows or oaths refer a8 Mutha. Tere ate tt
Principal techniques, anda thd that an be considered
48 variant. In the ist ease, one finds the ri
formula "Ahdik Utah wa shibbak Ni r-Rasu a
Letthe “aldo! God and of His Prophet he Messenge
of God be a te to bind you," to which is add
rd anininu Mrd, “On my eyes
my head be it" in the second, the fh reie t
Surat al-Faia, the opening chapter of the Qu
one man puts his righthand on top of he Qu!
and the other pus bit righthand on tp ofthe fi
man: the second and more common technique M
à chsping of the ght Bands of both pares ove
the Quran (her than upon i, o that palms tue
and ingers are tetwined. Mtr this, the to tele
‘Say Nishninnnahad,"We stein “ahd” Once th
fingers are ths intertwined neither party may c
for betray the other: if one of hom should do =
‘thar members ofthe “Alain or Falawiven reli
order inthe Timarzga always gest eachother in
‘manner, wl these ofthe Darga ia the Ath Tu
‘olf in the airy in the general direction of the market
“bullet missed ts mark by fr, but the Haj Mu
was enraged that anyone Should even suggest that
hee done in.
The news of thi ncidet and the identity ofthe
boaster reached “Abdsiram maj Mund in Ihe
mountains, and ho went of with his gun o Im
He layin wat forthe boastr in a clump of acts
ear the Tater's house, and when the man arved
Abdssram, now no novice in the gente ar of bush.
whacking, st him into eternity. Wen the Haj)
Muhand head this mous, he welcomed back is
Long ost on with open arms
Now, of course, state of foud existed between
the people of arabda and those of much. The
Hajj Mühand, more anxions now than ever o rid
himself of his debt 0 the Hajj Mhand of the Al,
Bu Sita, decided thatthe tine had come for an ar
sacrifice, He went 1 his old fiends house with some
of the Imrabdhen of the Zawith Sid Yusif, and
Slaughtreda ball onthe doorstep. AN reset took
‘ofthe meat, and after they had eaten the palin
began, The bloodwealth for the death of the Hay
‘hand's son some four years enter was fixed at
100 durs. This sum the Hajj Muhand paid over
wilngly and at once, as he was anni hal hs
Tongstanding friendship wi the Hajj Man shoul
continue desp al ha had happened But afterward
the Invalsten who had accompanied him in oder
10 make the overtures for peace tld the Hajj Mutant
that they had smelled a rats and indeed, the Haj
Mhand gave the whole ofthe bloodvealth payment
10 the people of Imaudh in order 10 buy rifle and
ammunition to continue th feud with arab, This
act states again e everpresen Ath Waryashar
tendency to break rules of their own making. The
Society a are lived by the gun rather than by the
rulebook
The Al ar Rada were greatly outnumbered, but
tir men, a the story goes, were mor valiant, and
inthe fighting ha esued, Abdssramn Haj Maha
‘often played a lo han. One night he went to Imnudh,
‘withthe intention of bagging some of his enemies,
and cept ito the house of one of them to find ia
sleep with his wife, He resisted with peat iffiuly
the temptation to kl the man, bata order to make
known his visit he left bullet by the bedside, When
heater met the man face to face in combat, he ask
him be had happened to find this earrdge, The
man replied in the affirmative, and wondered what
it was all about. “Abe old im what had
happened, snd the man from Imnudh relied that,
although he was at feud with the Alt ar Rab, he
woul always consider
182 personal fend.
‘Thos it seems tht “Abdssram prefered his targets
10 be moving ones. On another occasion, when he
Abdsstam nj Haji Mohan
craved up behind a ee and shot five ofthe Ai
Umnudh before geting avay again, bat the detal
of how he managed to escape witha broken leg were
inal, and he capped hi career as anigharby becoming
‘Abd arin’ Minster of War on the eastern front
(hile Hmid Bude, mentioned above asthe succes
of the fearsome Quid Had, el the same job 08
the western frond). He defected, however, o he
Spaniards who offered him money. and he miracu
ously escaped the wrath of "Abd arin to become
3 gai in the subsequent Spanish administracion. He
‘only did in 1948, aged neu 50
"AR, 10 which we now tum, is a pact, vow, al
staid a he iergrosp evel female hi
between individuals or "groups of equal stas
CAbdstam's decision to desist from shooting th
Sleeping man in Imnudh did ot invlve a pact 0
‘ahd ba given he subsequent unbreakable friends
of the two men, À might have) I is not, ste
Speaking, an cut and t never imaives Sack
tis, however, taken in a mosque or at the tom
of a powerful stint, and i is taken on à copy dl
{he Quran—which the Aith Waryaghar ln any conte
of vows or oaths refer a8 Mutha. Tere ate tt
Principal techniques, anda thd that an be considered
48 variant. In the ist ease, one finds the ri
formula "Ahdik Utah wa shibbak Ni r-Rasu a
Letthe “aldo! God and of His Prophet he Messenge
of God be a te to bind you," to which is add
rd anininu Mrd, “On my eyes
my head be it" in the second, the fh reie t
Surat al-Faia, the opening chapter of the Qu
one man puts his righthand on top of he Qu!
and the other pus bit righthand on tp ofthe fi
man: the second and more common technique M
à chsping of the ght Bands of both pares ove
the Quran (her than upon i, o that palms tue
and ingers are tetwined. Mtr this, the to tele
‘Say Nishninnnahad,"We stein “ahd” Once th
fingers are ths intertwined neither party may c
for betray the other: if one of hom should do =
‘thar members ofthe “Alain or Falawiven reli
order inthe Timarzga always gest eachother in
‘manner, wl these ofthe Darga ia the Ath Tu
ee
fad with each other as wel) to give to the other
meer
Et
RTE
E
en
er
Beh
3
PES tan sl the A Tr 1 come
tet mr
| ARE SE
=
and make hd with the Inagen, ut they did ot
sh to do so. Only "Amar Uzzugwngh ofthe mat
lineage in Ass and one member f the Al Mad
Sid lineage in gran came to ee Sidi Mulan,
ho tok them that ho lime wanted o see à truce
‘established withthe Temgen. AS for whoever else
bight wish it, he added, he would pay for him to
Ive health, happiness and à long life. "Amar Uzzug
wagh sgred, and Sidi Muhand hen arange forthe
‘ahd 10 be made in is own mosque. In the ia
that followed, Sidi Muhand was the fist o put his
hand on tp of the Qur'an, then "Amar Uzzugwagh
and finally, the Tanagen men. The Dharwa Haj
Amavah lineage took umbrage at this pact, and so
Sidi Muhand prayed hat no good would ever befall
(hen in the fur
“Thus the lif alliance between ‘Amar Uzzugwagh
andthe znagen came ino being, Te Later now sa
tolive permanen in Tin forthe had acquired
3 powerful ally in the nearby’ community of Au
“This act set the stage for many signiicat events to
follow: these are discussed in Chapter 12
‘THE COLLECTIVE OATH®
“Aris an ze of supplication, coercion, or compu
sion. trough sui, by meins of which the pet
toner shames the person whore help i desired ito
doing something against his wil and i a pact, oF
‘ow Gf between individual), or covenant üf between
groups) between parties o equal status We ave noted
that ahd, although highly binding on both partes
concerned, is not, sity speaking, an oath. What,
then, fan oath?
‘ith Waryaghar recognize the difference between
‘ahd and oath by giving the later diferent label
ce, either Imin or dhzadafuh. <The first ttm
is more common in Waryaghuland, the second ln
the lzinnayen and Axt Twain; however, the two are
Interchangeable) There are two main differences.
fist, although the oath is sso taken in the Friday
Mosque an on the Quran ike he “ahd iis a dental
‘oc protestation of innocence made by a person accused
‘of particular rime: second, until the advent of ‘Abd
slim, one of whose major reform in Customary
Lao was ıhe "decllectizaon” of ths, it was
e a Geter ac
e
fad with each other as wel) to give to the other
meer
Et
RTE
E
en
er
Beh
3
PES tan sl the A Tr 1 come
tet mr
| ARE SE
=
and make hd with the Inagen, ut they did ot
sh to do so. Only "Amar Uzzugwngh ofthe mat
lineage in Ass and one member f the Al Mad
Sid lineage in gran came to ee Sidi Mulan,
ho tok them that ho lime wanted o see à truce
‘established withthe Temgen. AS for whoever else
bight wish it, he added, he would pay for him to
Ive health, happiness and à long life. "Amar Uzzug
wagh sgred, and Sidi Muhand hen arange forthe
‘ahd 10 be made in is own mosque. In the ia
that followed, Sidi Muhand was the fist o put his
hand on tp of the Qur'an, then "Amar Uzzugwagh
and finally, the Tanagen men. The Dharwa Haj
Amavah lineage took umbrage at this pact, and so
Sidi Muhand prayed hat no good would ever befall
(hen in the fur
“Thus the lif alliance between ‘Amar Uzzugwagh
andthe znagen came ino being, Te Later now sa
tolive permanen in Tin forthe had acquired
3 powerful ally in the nearby’ community of Au
“This act set the stage for many signiicat events to
follow: these are discussed in Chapter 12
‘THE COLLECTIVE OATH®
“Aris an ze of supplication, coercion, or compu
sion. trough sui, by meins of which the pet
toner shames the person whore help i desired ito
doing something against his wil and i a pact, oF
‘ow Gf between individual), or covenant üf between
groups) between parties o equal status We ave noted
that ahd, although highly binding on both partes
concerned, is not, sity speaking, an oath. What,
then, fan oath?
‘ith Waryaghar recognize the difference between
‘ahd and oath by giving the later diferent label
ce, either Imin or dhzadafuh. <The first ttm
is more common in Waryaghuland, the second ln
the lzinnayen and Axt Twain; however, the two are
Interchangeable) There are two main differences.
fist, although the oath is sso taken in the Friday
Mosque an on the Quran ike he “ahd iis a dental
‘oc protestation of innocence made by a person accused
‘of particular rime: second, until the advent of ‘Abd
slim, one of whose major reform in Customary
Lao was ıhe "decllectizaon” of ths, it was
e a Geter ac
e
ral or cote in character. This meant not only
That the accused individ himself swore, bat Us
halo had o produce a certain number of cojurrs,
‘lle vin nor min o Eden, chosen by Bisel
from among his own agntes, 1 est to his im
conce. Although the number of cours varied ac
Sotding to the gravity ofthe offense, it was generally
‘he plato laa (dda) who sUpulsed how
many of them the accused must produce.
‘Although. generally speaking, tial by collective
‘oath among lan uibes never reached the degrees
‘ther of complexity or of sophistication that a
tained, for example, among the Berber tios of the
Central Als, was nonetheless the inchpi in the
url system ofthe Al Waryaghar during the Riu.
Melon its desenbed, however, ome point at asi
to the loge underlying the oath must be clarified
A is à point that would seem obvious, but itis
monetes one about which some French mers
appear to be rather confused, This is ne fact that
ajuar are act a all the same thing a witnesses
ven the terminology is diferent: witnesses are shu
huh (sing. shahidh). The Shara states explcily that,
twelve ordinary witnesses (ich just happens 10 be
{he same number as that of ojuror required in a
tise of suspected murder) are equivalent 10 two.
fotaries, the testinony of one notary being worth
{hat of sx ordinary witnesses. Furthermore, ad very
logically there are witnesses to a crime, there 1.
sways, naturally, overedes the dena of the accused
‘anand during the Ripubli ofthat o his ojo.
Moreover although the number of witesses and the
number of ojurm in a murder ease wus exact the
‘Same, else, nd par fom the fet ha the función
ff the former was to acuse and that of the iter
to deny, wineses may not be members of the agate
lineage of the accused individual. Le preferable that
they be nether uerinly or afina related to im,
and best that they are not Kin at all Cojurors, on
the other hand, wee always apnates and ieage-mates
SÍ be accused, The number twelve here may be, an
probably is, an example of Custom functioning in
Initation of Law
‘Marcy has correctly noted. hat among Berbers,
collective oath plays aol that i theory, comple:
entry to testimony, but tat is importance in fact
tries rom the insufficoncy ef other means of proof
ithe can possibly hip, a mans nr likely o commit
crime infront of witnesses This distinction between.
tral by collective oth and testimony by witnesses
is cruelly as the Ath Waryaghar regard the mater,
witesies and cojuor teat polar opposites concep
tual and this fact is fundamental 10 the who
Structure and fonction ofthe Waryaghar oath,
The number of cojrors couk vary between sg
scented and five agate) or twelve (he accuse an
Seven agnates). The pnl always stipules 1
‘number of cojurors needed, à
‘or damage o property; twelve, à indicated, We
needed for murder. However, while twelve was on
‘arly te maximum numer of cours and mut
this only applied within Waryaghaland. Should
‘ith involve the AM Waryaghar with a neishbri
plus forty nine clssifiestory ages, Le
Slanemen or fellow-tibeamea:" the late were na
Faly far more ready o help out ther own men
fn eatraribal ess than in an intracan or even AB JE
‘ntl one). >
A documentl as: once at he Wednesday mal
at Burdh inthe Jezmasen, a man from thet
SL the Mari wanted o Kl his own quí, "An
‘Hii. He had concealed pistl in a hand
‘opto gras, but someone else saw him do so
tipped the quid of, The would killer then th
A esparto ras and pistol oan innocent Waryal
bystander from the Timarzea, who happened (0
"Timar7g man protested his innocence, The gid U
hab wrong, so instead of making the acc
And his cojurors take oath, he invited. them all
diner
"We may surmise that i as sometimes set
Eee
That the accused individ himself swore, bat Us
halo had o produce a certain number of cojurrs,
‘lle vin nor min o Eden, chosen by Bisel
from among his own agntes, 1 est to his im
conce. Although the number of cours varied ac
Sotding to the gravity ofthe offense, it was generally
‘he plato laa (dda) who sUpulsed how
many of them the accused must produce.
‘Although. generally speaking, tial by collective
‘oath among lan uibes never reached the degrees
‘ther of complexity or of sophistication that a
tained, for example, among the Berber tios of the
Central Als, was nonetheless the inchpi in the
url system ofthe Al Waryaghar during the Riu.
Melon its desenbed, however, ome point at asi
to the loge underlying the oath must be clarified
A is à point that would seem obvious, but itis
monetes one about which some French mers
appear to be rather confused, This is ne fact that
ajuar are act a all the same thing a witnesses
ven the terminology is diferent: witnesses are shu
huh (sing. shahidh). The Shara states explcily that,
twelve ordinary witnesses (ich just happens 10 be
{he same number as that of ojuror required in a
tise of suspected murder) are equivalent 10 two.
fotaries, the testinony of one notary being worth
{hat of sx ordinary witnesses. Furthermore, ad very
logically there are witnesses to a crime, there 1.
sways, naturally, overedes the dena of the accused
‘anand during the Ripubli ofthat o his ojo.
Moreover although the number of witesses and the
number of ojurm in a murder ease wus exact the
‘Same, else, nd par fom the fet ha the función
ff the former was to acuse and that of the iter
to deny, wineses may not be members of the agate
lineage of the accused individual. Le preferable that
they be nether uerinly or afina related to im,
and best that they are not Kin at all Cojurors, on
the other hand, wee always apnates and ieage-mates
SÍ be accused, The number twelve here may be, an
probably is, an example of Custom functioning in
Initation of Law
‘Marcy has correctly noted. hat among Berbers,
collective oath plays aol that i theory, comple:
entry to testimony, but tat is importance in fact
tries rom the insufficoncy ef other means of proof
ithe can possibly hip, a mans nr likely o commit
crime infront of witnesses This distinction between.
tral by collective oth and testimony by witnesses
is cruelly as the Ath Waryaghar regard the mater,
witesies and cojuor teat polar opposites concep
tual and this fact is fundamental 10 the who
Structure and fonction ofthe Waryaghar oath,
The number of cojrors couk vary between sg
scented and five agate) or twelve (he accuse an
Seven agnates). The pnl always stipules 1
‘number of cojurors needed, à
‘or damage o property; twelve, à indicated, We
needed for murder. However, while twelve was on
‘arly te maximum numer of cours and mut
this only applied within Waryaghaland. Should
‘ith involve the AM Waryaghar with a neishbri
plus forty nine clssifiestory ages, Le
Slanemen or fellow-tibeamea:" the late were na
Faly far more ready o help out ther own men
fn eatraribal ess than in an intracan or even AB JE
‘ntl one). >
A documentl as: once at he Wednesday mal
at Burdh inthe Jezmasen, a man from thet
SL the Mari wanted o Kl his own quí, "An
‘Hii. He had concealed pistl in a hand
‘opto gras, but someone else saw him do so
tipped the quid of, The would killer then th
A esparto ras and pistol oan innocent Waryal
bystander from the Timarzea, who happened (0
"Timar7g man protested his innocence, The gid U
hab wrong, so instead of making the acc
And his cojurors take oath, he invited. them all
diner
"We may surmise that i as sometimes set
Eee
de
Bt oa en ne
EE ich ion follows i) or the Au EXO (m
Tas month of the Mastin lun yea.
one man accused another of some crime or
sed, andthe latter denied A they would then
och agree to go 10 the “Mosque of the Sermon
S he folowing Friday
individual, ut otherwise the two phenomena were
ery afferent. The plain or plats had to be
presen at the mosque when the accused and his
jurors arrived. Wien all were assembled, they
moved her forgea and weapons and went inside.
The oat If was generally deterred unt ater the
tha delivered the sermon to his congregation.
this was over, be would ask the acamed and
This cojuroes the nature of the oath that they were
D sou to take; then he mado each one of them pest
EEN wi his rg hand on the Quran after rectation
oath formula Bishi allah a aha la hu,
ih God ashe from Whom there is no Gos other
‘The accused himself swore ft, Followed
sl is cojuos individual. (There may posi
ave been some instances in which the Quran was
ot employed as a vehce for swearing: some infor
Amants say tht these cases were more the rule than
Rec to Bla, "With God,”
‘only. Other infor
ans, the majority, deride this practi and say that
Las only followed Ey the ignorant. In any event
than not, and shat oaths were only sworn at saints’
tomb if there were no Friday mosque inthe vicinity
This coingeney was most une) After the ath
hd been take, the ih, who had winessed Ht from
the mibrab (recess indicating direction of prayer) of
the mosque, drew up a document in Arabic known
Simply as ori, "euer" this certified that be
named accused had sworn on such and such a date
‘with such and such a number of hi cojuor, aso
named, 1 the effect a he had not commited such
and such a crime spans named plaintiff. Finally
he gave this document o the aostsed so that dl
Tae cou produce writen evidence of hi inocence
was, and is, universal believed that anyone.
who periured himself at oath would sufer the most
dite consequences: eher he, or some member of his
family or his Ivesiock, would be truck dead or Blind.
or dumb by God very shortly theeater, or some
‘ther equal horrendous calamity would Befall him,
broken oath was ale dd Abad: phrase
was employed when, for example, thi party
appeared after the oath was taken and announced
that he had actually seen the accused commit the
‘ime in question ii, however, vas not the accusing
‘oath of the Cental Atlas, which, in Sont 10 he
‘ath of denial, did noc exist anywhere in the Ri),
Once it seems that a subineage of the Tengen in
Tian of he AR Turin swore falsely at oath
alter one of her men bad Killed a member of another
Tznagensublinage;every single man who ad perjrod
himself sickened and died afterward, as an Act of
God
IF one of the accused's aguats did not, for any
reason, want to sear, A was up tothe acesed to
find a subsütue fo him. Furthermore, if the accused
fae fo tur up atthe mosque in oder to take oath
al the stipulated time, he had to pay the damages
ue. Any missing cojuor also had to pay if he did
‘not have a valid excuse or his absenee Ines, or
3 marge or a death in the family, ci). Thu the
bunden of prof a, in effect, upon the wie lineage
ofthe acedsed individual. Missing men were gen
Even unt nightfall 10 appear. Hut after a ce
Time. the nonappearane of the accued, or his ets
to take oath, was considered sufficient proot of his
Ft, and be had 10 pay whatever damages he had
suse tothe plain. If, of course, the pam
himself (le 10 appear, Ihre was no oath at al
Any unavoidable delinment, of the sort mentioned
above, on the part of he accused or of any of his
“ojurors resulted inthe postponement of the oath un
the folowing Friday.
The following cae from the Timarzga again in
volves hol haga andoath, One Wednesday afternoon,
Bt oa en ne
EE ich ion follows i) or the Au EXO (m
Tas month of the Mastin lun yea.
one man accused another of some crime or
sed, andthe latter denied A they would then
och agree to go 10 the “Mosque of the Sermon
S he folowing Friday
individual, ut otherwise the two phenomena were
ery afferent. The plain or plats had to be
presen at the mosque when the accused and his
jurors arrived. Wien all were assembled, they
moved her forgea and weapons and went inside.
The oat If was generally deterred unt ater the
tha delivered the sermon to his congregation.
this was over, be would ask the acamed and
This cojuroes the nature of the oath that they were
D sou to take; then he mado each one of them pest
EEN wi his rg hand on the Quran after rectation
oath formula Bishi allah a aha la hu,
ih God ashe from Whom there is no Gos other
‘The accused himself swore ft, Followed
sl is cojuos individual. (There may posi
ave been some instances in which the Quran was
ot employed as a vehce for swearing: some infor
Amants say tht these cases were more the rule than
Rec to Bla, "With God,”
‘only. Other infor
ans, the majority, deride this practi and say that
Las only followed Ey the ignorant. In any event
than not, and shat oaths were only sworn at saints’
tomb if there were no Friday mosque inthe vicinity
This coingeney was most une) After the ath
hd been take, the ih, who had winessed Ht from
the mibrab (recess indicating direction of prayer) of
the mosque, drew up a document in Arabic known
Simply as ori, "euer" this certified that be
named accused had sworn on such and such a date
‘with such and such a number of hi cojuor, aso
named, 1 the effect a he had not commited such
and such a crime spans named plaintiff. Finally
he gave this document o the aostsed so that dl
Tae cou produce writen evidence of hi inocence
was, and is, universal believed that anyone.
who periured himself at oath would sufer the most
dite consequences: eher he, or some member of his
family or his Ivesiock, would be truck dead or Blind.
or dumb by God very shortly theeater, or some
‘ther equal horrendous calamity would Befall him,
broken oath was ale dd Abad: phrase
was employed when, for example, thi party
appeared after the oath was taken and announced
that he had actually seen the accused commit the
‘ime in question ii, however, vas not the accusing
‘oath of the Cental Atlas, which, in Sont 10 he
‘ath of denial, did noc exist anywhere in the Ri),
Once it seems that a subineage of the Tengen in
Tian of he AR Turin swore falsely at oath
alter one of her men bad Killed a member of another
Tznagensublinage;every single man who ad perjrod
himself sickened and died afterward, as an Act of
God
IF one of the accused's aguats did not, for any
reason, want to sear, A was up tothe acesed to
find a subsütue fo him. Furthermore, if the accused
fae fo tur up atthe mosque in oder to take oath
al the stipulated time, he had to pay the damages
ue. Any missing cojuor also had to pay if he did
‘not have a valid excuse or his absenee Ines, or
3 marge or a death in the family, ci). Thu the
bunden of prof a, in effect, upon the wie lineage
ofthe acedsed individual. Missing men were gen
Even unt nightfall 10 appear. Hut after a ce
Time. the nonappearane of the accued, or his ets
to take oath, was considered sufficient proot of his
Ft, and be had 10 pay whatever damages he had
suse tothe plain. If, of course, the pam
himself (le 10 appear, Ihre was no oath at al
Any unavoidable delinment, of the sort mentioned
above, on the part of he accused or of any of his
“ojurors resulted inthe postponement of the oath un
the folowing Friday.
The following cae from the Timarzga again in
volves hol haga andoath, One Wednesday afternoon,
man from the Yinn "Ari Mei lineage lay in
‘ait for two men of the Vian "Abdall Who were
passing hough Al Tri territory onthe way home
{rom the marke He shot hem Botha had to pay
2 haga of 2.000 eros (1,00 foreach desd man) to
{he igharen as was customary, But the Vin "Abd
lah vere sil not satisfied, and the following venin:
‘woof them killed the father ofthe Vin “Ai Main
man on a path near his house. The men of the Yin
"Ar Manddim then went othe adjudicar and sa
Si Hid Sil Hajj Mid on the next market
ay in order 10 ask him to force tweive members
‘ofthe Vinn Asalto swear an cath testing tele
innocence. Thre had been no witnesses to the ast
‘murder, and, Knowing this, the Yinn Abdallah men
ven volunteered 1 swear with double the necessary
number, Le. with twenty-four courors. But Sid
Hmid, afer’ consutaion with the other council
members, smelled à al, vetoed the projeced oath,
and made the Yin "Abdalh, in cc tu ay 1.000
urosas haga. Ths cae story not ony demonstates
the principles of hagg discussed arr, but empha
Sizes the dangers of perjury at oath as wel.
‘The above account of the structure and funtion
of the colesive oath in Waryagharand is whelly a
econsruction; ia 192 r 1922" Ab a Kim ablihed
collective oaths for the reason that they had no bas
in the Qur'an and the Shara. At the sume time, hep
id away with a rea many other features of Conor |
‘which he stigmatized in the same fashion. I mah
‘beaded that hity-fve years later the adminis
of newly independent Morocco was simil 10
sway with colecive oaths inthe Better regions
the Ads. What, one may atk, could etter dem
strate tht the dreams entertuned by Emo Bla
tomary Law in the Rit were a classe example
wishful hiking? There sem to have been some cas
in which collective ath was resorted o during UN
Protectorate bat 1 would venture 10 sa)
were few and far between. The impress of “A
slsKrim in this domain, a in others, ad been sea
(Oats may sil be taken today, as befor, atthe Fri
‘mosque and on the Quran, but they involve 0
{he plaintiff andthe accused. Cojuors, le
both of Berber oaths and of Berber lineage sole
Ci sit a deceptive issu), rea thing of the pas
suo nine See pee ee
‘ait for two men of the Vian "Abdall Who were
passing hough Al Tri territory onthe way home
{rom the marke He shot hem Botha had to pay
2 haga of 2.000 eros (1,00 foreach desd man) to
{he igharen as was customary, But the Vin "Abd
lah vere sil not satisfied, and the following venin:
‘woof them killed the father ofthe Vin “Ai Main
man on a path near his house. The men of the Yin
"Ar Manddim then went othe adjudicar and sa
Si Hid Sil Hajj Mid on the next market
ay in order 10 ask him to force tweive members
‘ofthe Vinn Asalto swear an cath testing tele
innocence. Thre had been no witnesses to the ast
‘murder, and, Knowing this, the Yinn Abdallah men
ven volunteered 1 swear with double the necessary
number, Le. with twenty-four courors. But Sid
Hmid, afer’ consutaion with the other council
members, smelled à al, vetoed the projeced oath,
and made the Yin "Abdalh, in cc tu ay 1.000
urosas haga. Ths cae story not ony demonstates
the principles of hagg discussed arr, but empha
Sizes the dangers of perjury at oath as wel.
‘The above account of the structure and funtion
of the colesive oath in Waryagharand is whelly a
econsruction; ia 192 r 1922" Ab a Kim ablihed
collective oaths for the reason that they had no bas
in the Qur'an and the Shara. At the sume time, hep
id away with a rea many other features of Conor |
‘which he stigmatized in the same fashion. I mah
‘beaded that hity-fve years later the adminis
of newly independent Morocco was simil 10
sway with colecive oaths inthe Better regions
the Ads. What, one may atk, could etter dem
strate tht the dreams entertuned by Emo Bla
tomary Law in the Rit were a classe example
wishful hiking? There sem to have been some cas
in which collective ath was resorted o during UN
Protectorate bat 1 would venture 10 sa)
were few and far between. The impress of “A
slsKrim in this domain, a in others, ad been sea
(Oats may sil be taken today, as befor, atthe Fri
‘mosque and on the Quran, but they involve 0
{he plaintiff andthe accused. Cojuors, le
both of Berber oaths and of Berber lineage sole
Ci sit a deceptive issu), rea thing of the pas
suo nine See pee ee
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