“I have no reason to lie.”
“Yet you recanted. So was your first confession a lie?”
“It was the truth when I said it.”
“Explain.”
“Imam Hashim raped me.”
The men watching the court sat up at that and silently mouthed their objections that such a thing could be possible. Zaytuna felt the women around her turn into each other, pressing each other’s hands, some with Mu’mina, others condemning her as their men did.
“I have the records of your first case. Let me be clear, he used you inappropriately, and I agree that he harmed you. He certainly did not act on the model of the Prophet Muhammad, God bless him and peace, but you were not raped. There can be no rape where there is a right to unfettered sexual access.”
The men smiled. Their rights over their slaves and wives remained in safe hands. Zaytuna felt the anger of some of the women around her mix with her own and they moved, swaying, objecting with their bodies, yet silent.
Despite her exhaustion, Mu’mina’s back was straight. “He harmed me and he kept harming me. The court did nothing to protect me.” She looked Ibn Salah up and down with disgust. “So I got my own protection. I went to Tansholpan for a curse to shrink his penis so he had no more use of it.”
At that, one woman called out, “Curse all of you men!” A guard waved to the woman to stand and follow him. The woman put her hand over her mouth, promising her silence, then begged to stay but to no avail. She stood up quietly, and the guard walked her across the mosque out to the main entrance.
Zaytuna looked at Mustafa. He seemed so alone, looking down, and was rubbing the back of his head.
“The police records show that Tansholpan has admitted to writing a curse for the purpose of killing him.” The judge asked, “But you say otherwise?”
“By God, I asked her for a curse to unman him.” She pointed at Tansholpan. “She took it on herself to write a curse to free me instead. She uses her powers without any concern for the people or God! It wasn’t what I asked for, but I’m doomed all the same. Now here I am because an ifrit came to do the work she demanded and decided to torture and kill the Imam.”
What? Why had Tansholpan not done what she asked? Ya Rabb was that why all this had happened?
“Your admission is that you killed him unintentionally?”
“Yes,” she said, as if he were stupid.
The Judge leaned back and said to Ibn Salah, “I understand. You believe due to the harm she endured she is not guilty as it was a matter of self-defence. I disagree, the choice to buy the talisman was not made in a moment of passionate defence.”
Ibn Salah opened his mouth to speak, but the Judge held up his hand, saying to the court, “I will close the trial here with a judgment of unintentional murder.”
Burhan spoke up, “There is no blood money that could pay for the loss of Imam Hashim. The family demands that it be a life for a life.”
“With your permission, Judge, I need to speak,” Ibn Salah interjected.
Ignoring Burhan, the Judge said to Ibn Salah, “If you will sit back you will find that I will consider the harm done to her in my sentencing.”
“Forgive me,” Ibn Salah said. “I was not referring to the harm done her when I spoke earlier. Rather her claim to have committed unintentional murder does not mean that she has, in fact, committed anything other than wishful thinking. The girl truly believes she has killed him, as you have heard.” Ibn Salah inclined his head. “But it may be that an ifrit did not kill him. I mentioned that there is evidence that brings her claim into doubt.”
The Judge raised his eyebrows and sat forward. “I will hear it.”
“May I bring our expert witness forward, Ghazi Ammar at-Tabbani, of Grave Crimes, to explain?”
“Yes. Let us get to the bottom of this.”
Burhan looked back at his father who urged him on. He stepped forward, too closely to the Judge, “This is highly unusual, with respect. My esteemed father, the Judge of Karkh, here in the court today, has taught me that it is not the work of the judge to investigate the truth of a case but only judge the evidence before him. You have accepted her confession and as you have just acknowledged, on that basis, she is guilty.”
Qadi Ibn al-Zayfuna placed his hand on his heart and dipped his head to Abu Burhan, but said, “This case is unusual. Thus, I am willing to rest my decision to hear him out on the example of our Umayyad forefathers who had the Solomonic wisdom to come to their own judgment in difficult matters. I aspire to the same in cases requiring it.”
The Judge nodded to the Chamberlain who read from his list, then called out, “Ghazi Ammar ibn Jundab ibn Suwayd ibn Saad at-Tabbani, approach the court and identify yourself.”
Ammar stood and approached the Judge, looking pale as he stated his full name, his address, using al-Mansur’s Mosque as where he went for his Friday prayers rather than the Shia mosque near his parents’ home. Zaytuna wondered at it, but let it go.
“Do you accept Mu’mina’s amended confession?”
Ammar lifted his head, finding his voice, “I must admit before this court, and before God, that this trouble is my fault. When she gave her first confession, I accepted it without questioning her further. I brought her confession to my superior to be submitted to the Chief of Police’s court. When my colleague pushed me to question her further, I conceded to satisfy him. It was only then that we realized her true intent. At that time, we received her amended confession and that was submitted to the Chief’s court as well.”
The Judge spoke gently to him, “I appreciate your desire to hold yourself to account, but that was not the answer to my question.”
“Because the confession was submitted so quickly, we did not have time to fully investigate other possible reasons for his death, including natural causes.”
“Have any of these causes been investigated in the meantime?”
“My colleague is not here at the trial because he is following up on these leads.” Ammar spoke haltingly, yet clearly, “Had I done my job honourably and correctly, had I conducted myself according to the tenets of my position, I believe her case would not have reached the court at all.”
Yulduz turned to Zaytuna with a look of disbelief mixed with hope.
The Judge asked, perturbed, “You do not believe she is guilty?”
Ammar stated firmly, “There is no evidence against her.”
The courtroom whispered, people looking at each other in disbelief.
Burhan tried to speak, but the Judge shook his head at him.
“I don’t understand.”
“I should have said that there is no material evidence.”
Burhan started, but said nothing.
Ammar looked at him and said pointedly, “All we have against her are assumptions that it was an ifrit based on her confession and Imam Hashim’s account that he saw an ifrit on his chest.”
Burhan blurted out, “That is damning evidence!”
Mu’mina exclaimed, “Yes!”
The Judge growled at them both, “Silence!”
Burhan shrunk back and looked behind to his father.
Zaytuna thought Abu Burhan looked like he would wring Burhan’s neck, not for speaking, but for not saying more.
Ammar turned back to the Judge, “The doctor, whose interview you have in evidence, cannot determine the cause of death. In short, his symptoms, including witnessing an ifrit on his chest and death, could also have been from a widow spider bite, an illness, or even from poisoning.”
The Judge asked, “That is in the doctor’s account? But he is not here to testify to it before me thus it can have no bearing on the trial.”
Ibn Salah lowered his head and Ammar looked pained.
Zaytuna wanted to yell at him across the courtroom, How did you miss this! Why is he not here!
Then Ibn Salah raised his head, a look of having thought of a way through on his face, and answered the Judge, “The doctor’s opinion is a scribal account of a
police interview by Ghazi Ammar; therefore, we would argue, he is the one to submit it as oral testimony rather than the doctor.”
Qadi Ibn al-Zayzafuni looked at Mu’mina, then Ammar, clearly unhappy with this argument. “I will accept it. This is a day of exceptions. You are on weak ground here, so take care.” He paused. “You will have to explain the bruises and broken bones, then. I am more inclined to accept it was the work of jinn as that accords with the girl’s account. Her confession must take precedence. Moreover, the jinn have their own courts, their own laws, and their own forms of punishment. It is simply more likely that a jinn killed him.”
Mu’mina nodded vigorously with the Judge and gave Ammar a look as if she would kill him herself. Zaytuna thought, I understand she wants to hold herself to account. By God, I do! But can’t she see that she is begging for her own execution without actually knowing what she’s done?
Ammar bowed his head in understanding to the Judge, but offered, “The doctor has explained that some bruising is possible, even a broken rib, from illness. But there is a more likely and more obvious reason. He was beaten by men. You have the account of my interview with his brother, also submitted to your court, that he was a chronic gambler who most recently was not able to pay his incurred debts. My colleague has confirmed this account with the gambling establishment.”
At this, the crowd gasped and tittered. The guards pushed the men to be quiet and stood over the women, but there were too many of them.
Zaytuna shot a look at the brother-in-law, whose eyes shone with betrayal. Zaytuna thought, Walla, he believed the police would protect him! Then she realized what Ammar had said. Tein had ruled out that the Imam was beaten to death for his debts. Beaten surely, but not to death. Ammar was cleverly pointing the Judge away from the possibility of an ifrit. He was not lying, absolutely, but it felt like it to her. Her heart went out to him for taking this risk before the court for Mu’mina’s sake.
The Judge called out to the people, “Quiet! We cannot allow you to witness this trial if you continue to disturb our proceedings.” Once the crowd had been silenced, he said, “His brother is here, but he has not been examined by my witness investigator. He cannot testify. Why have you come to my court so unprepared!”
Ibn Salah answered, “The brother was unlikely to agree to speak on the slave’s behalf, and, again, I would argue it is unnecessary as Ghazi Ammar, acting as an expert witness, is orally attesting to his written interviews.”
Qadi Ibn al-Zayzafuni sighed. “The brother’s interest in the outcome should make no difference.” He looked toward the Imam’s brother and shook his head, then said to Ammar, “Continue.”
“The beatings coincided with his inability or refusal to pay his recent debts, thus reason suggests his injuries were due to his unpaid gambling debts rather than the involvement of an ifrit. Again, my colleague has received direct confirmation on this matter.”
The judge objected, “This cannot be considered by the court without verification. You were not present to testify to the interview. Your colleague is not here. He has not been approved by our investigator as an expert witness.” He looked to the Chamberlain who nodded in agreement. “Neither are those he interviewed present to give oral testimony.” Qadi Ibn al-Zayzafuni leaned forward, “You are on surer ground with the possibility of a bite, an illness, or a poison.”
Zaytuna wondered what he could be up to, but then she realized once a thing was said, it could not be unheard. The Judge might end up taking it into account without realizing it. Then she thought, Did Ibn Salah coach him to do this?
“Yes,” Ammar replied, “any of the three you just mentioned could have produced the symptoms described, including hallucinations causing him to see an ifrit.”
“But what is there to say that the girl did not poison him?” He looked at Ammar coldly, “No one has raised the point that the girl is pregnant with the Imam’s child. This is, in fact, the greatest motivation for killing him. At the birth of a child, live or still-born, she would be freed and the child would become his heir. She would not be the first slave to murder her master.” He looked at Mu’mina. “And, if you have not noticed, the girl continues to object to attempts to exonerate her. I, myself, am not entirely convinced she is without her wits.”
“Qadi, given the Imam’s various and constant habits there could be any number of people with equal motivation to kill him. As for the girl, what she believes she has done is of no concern. It is not for her to determine the facts of the case.”
Zaytuna nodded at that, but thought, willing Ammar to hear her, Now, the poison given to Mu’mina to abort her child, come on, say it! It implicates Imam Hashim’s household!
Ammar continued, “My colleague has since interviewed all the herbalists and pharmacists in Karkh to see if Mu’mina, or anyone in the household, bought these herbs, but no one was willing to talk to him.”
“That is not surprising. You police have only yourselves to blame for not being in the public’s trust. I myself would be more skeptical of your testimony if you were not, in fact, arguing against your own interest.”
Ammar continued, “Nevertheless, if poison was used, it is possible that it came from Imam Hashim’s house. The Imam’s brother shares a home with the Imam and his wife. In fact, his brother uses a mixture to control his seizures that contains belladonna, the suspected poison.”
This was a lie. Mustafa had told Zaytuna that the brother’s medication was not strong enough to kill the Imam. God protect Ammar! He was building a case of doubt, just as Mustafa explained! They all planned this testimony together.
The Judge put his hands on his knees. “Then the slave still could have poisoned him.”
Burhan looked pleased at this outcome and Zaytuna thought, Now you are happy the judge is inquiring into the truth of the case!
Then the Judge said, “But so too, could the poisoning have been accidental.”
Burhan’s face fell.
Ammar answered, “Yes.”
The Judge added carefully, “Or perhaps he took his own life?”
“Yes.” Ammar nodded.
The crowd was utterly silent at the horror of the suggestion. The Imam’s brother moved to stand again in protest, but was held down.
“Or anyone else within the home could have poisoned him.”
“Correct. Given the speed with which belladonna works it is unlikely that someone outside the home could have done it. You have before you the account of my interview with his family indicating an alternative motive for his murder.”
The Judge said, “There is no need to mention that aloud in court.”
The crowd quietly objected, while Yulduz gestured with her hand to Zaytuna, “What?”
Zaytuna whispered, “The brother loves the Imam’s wife.”
Yulduz’s eyes opened wide.
Zaytuna looked over at the brother who was staring defiantly at the court.
The Judge crossed and uncrossed his arms. He looked out on the crowd, then at each person sitting before him, then finally at Tansholpan. Zaytuna saw his face. It was still, yet thoughtful. He showed no indication of what he was thinking. She held on, waiting for him to speak.
He addressed the court, “Imam Hashim seems to have had a troubling character. Not one befitting a man who has taken up the burden of the Word of God and the Prophet’s legacy for the sake of the people. I can see that his slave may have been one of several with reason to harm him. She may have killed him. But then again, given the evidence before me, she may not have. I agree now that her confession is not conclusive. That is to say, there is sufficient doubt around her guilt to warrant the dismissal of this case.”
Zaytuna put her arm around Yulduz and nodded to her. The old woman’s eyes were filled with tears. The women around them sighed, leaning on each other, murmuring their gratitude to God.
The Judge continued, “The case against Tansholpan is also to be dismissed from my court but transferred to the Mazalim High Court to be investigated on the
grounds of heresy. She will be escorted from this court back to the prison in the Round City.”
Yulduz put her hand over her mouth. They looked at Tansholpan, but her back was straight as before, unmoving, as if she had not heard what the Judge had said.
“As for Imam Hashim’s case, I will pray that if this was, in fact, a murder that the culprit will be brought to justice and the prosecutable evidence be brought to light. The slave will be returned to Imam Hashim’s inheritors. They will care for her during her pregnancy and release her, and his heir, should the child be born alive.”
Mu’mina turned sharply to look at Ibn Salah and said something Zaytuna could not hear.
Ibn Salah raised his hand, “Qadi, there is a complicating factor.”
The Judge turned to him, “Yes?”
“As you are aware, there was an attempt to abort the Imam’s child. We must consider that it came from within the household of the Imam. It may not be safe for her to be with them.”
Gasps erupted from the people. The Judge closed his eyes in frustration and gestured to the Chamberlain. The Chamberlain raised his hand to the guards to leave the people where they were.
Once the mosque was quiet again, the Judge said, “It was explained to me that the poison was intended for Tansholpan. I understand this matter is under investigation by Grave Crimes in Rusafa.”
“On the contrary,” Ibn Salah said. “The midwife has given us an account that the herbs used were for the sole purpose of abortion. It seems the guard knew and tried to protect the girl by giving the poison to Tansholpan instead. Unfortunately, the girl ate it in any case.”
A woman behind Zaytuna whispered, “On my mother’s name, the wife tried to get rid of that baby after she killed her husband for putting it in the girl in the first place!”
Her friend whispered back, “Where is this noble woman whose modesty keeps her from facing the truth in court?”
The Jealous Page 34