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“Using
compelling case studies of the contemporary use of ordeal by fire,
Bedouin Bisha'h Justice is ethnography at its finest. Murder,
sex, theft, sorcery, drugs, and healing figure in Ginat’s
skillful narrative – a must read for anyone interested in
the modern Middle East.” Dr. Dale F. Eickelman, author
of The Middle East and Central
Asia: An Anthropological Approach
“Joseph Ginat has written a tremendously stimulating and detailed
volume about the contemporary practice of an ordeal by fire as a
unique method for solving disputes and discovering the truth behind
accusations. Ginat’s sincere and friendly relationship with
Arabs significantly contributed to the study of the bisha'h.
This volume will be of immeasurable value to scholars in the fields
of
anthropology, law, and humanities.” Professor Aref Abu-Rabia'h,
Department of Middle East Studies, Ben-Gurion University
“Cultural-political and anthropologist
Ginat describes the ceremony for detecting guilt and innocence among
‘Ayaidah, who live in eastern Egypt and western Sinai, the
office of the person who conducts the ceremony, and trials by ordeal
throughout history. Then he presents several case histories each
in the areas of theft, drugs and property damage; murder and manslaughter;
sexual relations and rape; the inability of the groom to perform
on his wedding night; and charms, witchcraft, and healing ceremonies.”
Reference & Research Book News
“Ordeal by Fire is a thoughtful and utterly
invaluable contribution to anthropology and Middle Eastern Studies
shelves.” The Midwest Book Review
Trials by ordeal, a judicial practice in which
the guilt or innocence of the accused is determined by subjecting
them to a painful task, have taken place from ancient Mesopotamia
until the present day. This volume focuses on a special type of
ordeal by fire called the bisha’h ceremony, which
originated in Bedouin societies and continues to be practiced in
Egypt today. In Bedouin and Arab rural societies, when somebody
suspects another person of theft, property damage, murder, manslaughter,
illicit sexual relations, rape, or witchcraft, and there are no
witnesses to the crime, this individual can request the suspect
or suspects to accompany him to the mubasha’, a Bedouin
notable who conducts the ordeal by fire.
… The bisha’h ceremony was previously performed
in Jordan and in Saudi Arabia as well as in Egypt. In Jordan, the
late King Hussein banned the ordeal by fire in 1976. In Saudi Arabia,
the mubasha’ died in the late 1980s, without leaving
a successor.
… Today, in Egypt, near Ismaliyya, a mubasha’
continues to practice the ceremonial ordeal in which the suspect
licks a ladle that is heated to between 600–900 degrees Celsius.
If the suspect’s tongue blisters, he or she are deemed guilty.
If the tongue is clear, they are declared innocent. The author observed
169 of such ordeals, many of which are documented and illustrated
in this volume. People who take part in the bisha’h
ceremony come not only come from various regions in Egypt, but also
from other North African countries, and from several Middle Eastern
countries, including the Gulf States. Most of the cases involve
rural peasants rather than Bedouin, but in some cases city dwellers
take part in the ordeal.
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Acknowledgments viii
Foreword by Supreme Court Justice Elyakim Rubinstein xii
Map of the Settlement of the ‘Ayaidah Tribe xviii
Chapter One
Introducing the Bisha’h Ceremony 1
Salim Al-Afinish – A Converted Believer in the Bisha’h
3
My First Meeting with the Mubasha 4
The Origins of the Bisha'h 10
A General Description of the Bisha'h Ceremony 12
A Physiological Explanation of the Bisha’h 20
Accusations of Corruption to Explain the Bisha’h 22
Belief in Barakah 23
Appealing the Verdict of a Bisha’h 24
Defining the Profession of the Mubasha 25
Theoretical Approaches to the Bisha’h 36
Description of the Research Methodology 40
The Relationship between the Researcher and the Mubasha 43
Chapter Two
The Mubasha’s Family, Khams (Co-Liable Group), 49
and Family Traditions
Appointing a New Mubashað 51
Competing Mubashas 54
The Property and Buildings of the Mubasha’s Family 55
Marriage Patterns in the Mubasha’s Family 61
Perpetuating Cohesiveness in the Mubasha’s Family 62
Chapter Three
A Review of Trials by Ordeal throughout History 65
Code of the Hammurabi 65
The Code of Ur-Nammu 66
A Hymn to Nungal 67
Ordeals in the Five Books of Moses 68
Ordeals in Medieval Europe 71
Ordeals in Other Countries / Cultures 74
Bedouin and Arab Ordeals 80
Chapter Four
Introduction to the Case Histories 84
Chapter Five
Theft, Drugs and Property Damage Cases 87
Case 1: A Surprise Female Accuser 87
Case 2: The Bedouin and the Copt 89
Case 3: The Female Students from Al-Azhar University
Case 4: Theft of a Water Pump 93
Case 5: Theft from the Sai’d Region 98
Case 6: Theft of a Pistol 101
Case 7: Theft of Handgun and Rifle 103
Case 8: An Attempt to Bribe the Mubashað 103
Case 9: The Sheep that ran after the Young Man 104
Case 10: A Man who Denied Stealing a Cow 105
Case 11: Theft within the Family 105
Case 12: Employees Desire to Clear their Names 106
Case 13: Confession of Guilt due to Fear of Exposure
Case 14: The Mubasha’s Requirement for Accurate Information
108
Case 15: The Theft of a Foreskin 109
Case 16: A Foreskin that was not Transferred 110
Colour Plates
Case 17: A Drug Case where the Mubasha Refused to Give a Verdict
Case 18: Suspecting the Power of the Bisha’h 115
Case 19: A Case that Called into Question the Mubasha’s
Credibility
Chapter Six
Murder and Manslaughter Cases 118
Case 20: The Fallaµ and the Bedouin 118
Case 21: A Murder Accusation from the Sai’d Region
Case 22: A Murder Case in Which Diyyah (Blood Money) was Refused
Case 23: A Manslaughter Verdict Called into Doubt 125
Chapter Seven
Illicit Sexual Relations and Rape Cases 126
Case 24: The Woman Accused of Illicit Sexual Relations 127
Case 25: The Pregnant Girl 129
Case 26: A Rape Accusation 135
Case 27: The Scales of Justice and Mercy 137
Case 28: The Man Accused of Stalking a Woman 140
Case 29: A Proxy who caused an Inaccurate Result
Chapter Eight
Marbut – Inability of the Groom to Perform on his Wedding
Night
Case 30: The Marbut who Broke off an Engagement
Case 31: The Marbut who Accused Nine Women 147
Chapter Nine
Charms, Witchcraft, and Healing Ceremonies 153
Case 32: Poisoning through Menstrual Blood 157
Case 33: The Belief that the Bisha’h works only on Men
158
Case 34: Psoriasis as a Result of the Bisha’h Ceremony
163
Case 35: A Case of Witchcraft 164
Chapter Ten
Concluding Remarks 168
Appendix I: Bisha'h Ceremony Reports 174
Appendix II: Notes Distributed During Bisha’h Ceremonies
184
Appendix III: Police and Court Letters to the Mubasha
Requesting Performance of the Bisha’h
Appendix IV: Newspaper References 192
Appendix V: Summary Table of Bisha’h Ceremonies
Notes 202
Index 220
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Publication Details
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ISBN: |
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978-1-84519-269-3 h/b |
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Page Extent / Format: |
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200 pp. / 229 x 152 mm |
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Release Date: |
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November 2008 |
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Illustrated: |
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Yes |
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Hardback Price: |
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£65.00 / $99.95 |
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