As the following week began, ‘Abd al-Rahman headed for the copyists’ market accompanied by a young boy whom Yashbak had appointed to serve him. He purchased the paper, ink, and pens he needed, then went to the book stalls close by Bab al-Jayrun to look for manuscripts of works about Byzantine, Jewish, and Persian history, and that of other peoples as well. These were regions the gist of whose history he had obtained from the history of Ibn Jarir al-Tabari but which was insufficient to meet the requirements of his own research. He went to the book shops in the ancient part of the city and poured over various books on the topic he had identified during the course of his earlier visit mentioned above. After several hours of such searching, ‘Abd al-Rahman realized that his mind was too preoccupied with the current war atmosphere. He could not concentrate enough on the matter at hand and the details involved. He decided therefore to pay a copyist to make copies of as much as possible so that he could take it all back home with him to Egypt.
On Tuesday of his third week in Damascus, ‘Abd al-Rahman paid a visit to a shrine between Bab al-Jabiya and Bab al-Saghir. He prayed for mercy on the dead, and paid particular attention to the names of those whose tombstones he could read: Bilal, Ka‘b al-Ahbar, Umm Habiba, and her brother, Mu’awiya ibn Abi Sufyan. As he was about to leave, he found his path between the graves blocked by an old man, naked save for a loincloth; his face was wrinkled, his head bald, his beard scraggly; he was toothless, and his bones protruded as though he had just emerged from a grave himself.
“You have prayed for all of them,” he said addressing ‘Abd al-Rahman, “but not me. I am ‘Uways al-Qarni. Follow me, sir, and I’ll show you my grave.”
‘Abd al-Rahman frowned at the old man, hoping to drive him away, but lost his balance and fell to the ground, almost as though he had had a bad turn. The old man wiped ‘Abd al-Rahman’s hands and rubbed his chest. With that, ‘Abd al-Rahman asked the man who he was and why he insisted on living among the tombs.
“That young man’s a rogue,” he replied. “He tries to attack me when he knows that I’m even weaker than his own faith. Young people today no longer feel the slightest sympathy for old folk like me. I’ve already stated my name, sir. Don’t you know it? I lived in the time of the Prophet — on him be peace. I never saw him — more’s the pity! Yet he envelops me and is ever close to me. Here’s my throat; it caused me to die of choking, whereupon I was forever consigned to this place, condemned to be very last of the dead,”
“And what is your function, saint of God?”
“I guard the tombs against pranksters, defacers, pissers, and plunderers.”
“And what can I do for you, saint of God?”
“Pray over my grave and convey my greetings to the Lord of Creation on the day you meet Him.”
‘Abd al-Rahman could see no way of avoiding tagging along behind this strange figure to an antechamber in the tomb. The old man claimed his grave was in a cave that could only be entered by skinny individuals who had eaten nothing for hundreds of years. With that he said farewell and disappeared into the cave, leaving ‘Abd al-Rahman and his servant boy in a state of shock. They were even more surprised when they saw the very same man crouched in the top of a lofty palm-tree by Bab al-Maqbara, weeping and yelling Ί see the mosque as an eagle with broken wings! I see its dome shrouded in gloom! Will Damascus have its last rites?”
When ‘Abd al-Rahman reached his house, he found Yashbak and the chief judge, Burhan al-Din ibn Muflih the Hanbali, waiting for him. He welcomed them warmly and told them about the strange man in the graveyard.
“There are lunatics like him in all the graveyards and some of the public parks as well,” Yashbak replied. “But I’ve something more serious to ask you about. The soldiers are demanding that alcohol be declared permissible, the rationale being that it will relieve their boredom and compensate for being away from their families. The army judge has invoked the argument of temporary benefit to the public interest in registering his approval. His expressed opinion is that it’s better for them to blow their minds once in a while rather than start a riot or make excessive demands for money or provisions. The Shafi‘i judge claims to be sick and exhausted and has taken a non-committal position. The Hanafi judge has also adopted a lenient attitude, citing the laws of necessity and the benefits of beer drinking. However, our Hanafi colleague here has stated emphatically that the entire concept is illegal; indeed he’s gone so far as to issue an opinion that all vines should be dug up and destroyed.
Ibn Muflih was a man in his forties, with a thick black beard and a warm, open face. ‘Abd al-Rahman had met him before in Cairo. He had found his colleague to be agreeable company and knowledgeable about his legal school, being widely read in matters sacred and secular.
“Yashbak,” said Ibn Muflih, “I’m going to state in front of our learned friend, Wali al-Din ibn Khaldun, that if strict adherence to the law is indeed ‘commanding that which is right and forbidding that which is wrong,’ then accept it and rejoice in it! God’s own text declaring alcohol forbidden is totally explicit; there can be no ambiguity whatsoever. Our Prophet — the purest of prayers be on him — declared; ‘Alcohol is the mother of all debauchery and the most grievous of sins. Anyone who drinks alcohol has abandoned prayer and had sex with his mother and paternal and maternal aunts.’ This hadith comes from al-Khatib by way of Anas ibn Malik. Is that not so, Wali al-Din?”
“Indeed it is, Burhan al-Din.”
“Regarding my opinion about pulling out vines, in the chapter devoted to rooting out evil God has declared wine, its drinkers, its manufacturers, its merchants, all to be repugnant. Those who protest that Jews and Christians living in our midst are permitted by their laws to drink wine forget that they are only permitted to do that inside their own homes and not in public places within the dominions of Islam. Isn’t that right, Wali al-Din?”
“Indeed it is, Burhan al-Din.”
Yashbak realized that the two judges were in agreement on the matter. He decided it was not worth asking any more questions, so he said nothing for a moment while he thought things over.
“Yashbak,” said ‘Abd al-Rahman, anticipating his thoughts, “you’ve asked me to give you my frank opinion. If you recall that the reason why I was dismissed from my position as judge was because I was applying the law and imposing punishments too strictly, then you could have worked out for yourself what my verdict was going to be. Any decision by jurists to legitimize soldiers’ alcohol consumption on the grounds of temporary public interest is rendered totally invalid in law by its consequences. By analogy such a licence could be compared, for example, with legitimizing fornication, bribery, and all other types of debauched behavior. It’s also rendered invalid on grounds of mental processes and the need to keep the mind alert and awake against the ravages of drunkenness and negligence. That is particularly the case in situations involving mobilization and war. Aren’t such opinions the correct ones, Burhan al-Din?”