BIRTH

Evidence of. According to the Imām Abū Ḥanīfah, if a married woman should claim to be the mother of a child, her claim is not to be valid unle the birth of the child is attested by the testimony of one woman . But in the case of a father, inasmuch as the claim of parentage is a matter which relates purely to himself, his testimony alone is to be accepted. The testimony of the midwife alone is sufficient with respect to birth , but with regard to parentage , it is established by the fact of the mother of the child being the wife of the husband. If the woman be in her ʿiddah [ ʿIDDAH ] from a complete divorce, the testimony of the midwife is not sufficient with respect to birth, but the evidence of two men, or of one man and two women, is requisite. (Hamilton’s Hidāyah , vol. iii. p. 134.) It is also ruled that it is not lawful for a person to give evidence to anything which he has not seen, except in the cases of birth , death , and marriage . (Vol. ii. 676.) BISHĀRAH ( بشارة‎ ). [ BUSHRA .] BĪ-SHARʿ ( بى شرع‎ ). Lit . “Without the law.” A term applied to those mystics who totally disregard the teaching of the Qurʾān. Antinomians. [ SUFI .] BISMILLĀH ( بسم الله‎ ). Lit . “In the name of God.” An ejaculation frequently used at the commencement of any undertaking. There are two forms of the Bismillah:— 1. Bi-ʾsmi ʾllāhi ʾr-raḥmāni ʾr-raḥīm , i.e . “In the name of God, the Compa ionate, the Merciful.” This is used at the commencement of meals, putting on new clothes, beginning any new work, and at the commencement of books. It occurs at the head of every chapter or sūrah in the Qurʾān, with the exception of the IX th ( i.e . the Sūratu ʾl-Barāʾah ). 2. Bi-ʾsmi ʾllāhi ʾllāhi ʾl-akbar , i.e . “In the name of God, God the Most Great.” Used at the time of slaughtering of animals, at the commencement of a battle, ., the attribute of mercy being omitted on such occasions. The formula Bi-ʾsmi ʾllāhi ʾr-raḥmāni ʾr-raḥīm is of Jewish origin. It was in the first instance taught to the Quraish by Umaiyah of T̤āʾif, the poet, who was a contemporary but somewhat older than Muḥammad, and who, during his mercantile journeys into Arabia Petræa and Syria, had made himself acquainted with the sacred books and doctrines of Jews and Christians. ( Kitābu ʾl-Aghānī , 16, Delhi; quoted by Rodwell.) BIẒĀʿAH ( بضاعة‎ ). A share in a mercantile adventure. Property entrusted to another to be employed in trade.