«Тахиййат»: Сборник статей в честь Н. Н. Дьякова

Piracy, Privateering and Maritime Violent Actions m 57 n of prisoners by ransom took place 1 , although such actions had been under- taken earlier. Above all, the Arabs followed more faithfully certain regula- tions expressed by Arab jurists concerning the proper conduct of the maritime jihād which was based on the regulations of the land jihād . Thus, according to the land war, while fire bombs and liquid fire were permitted, poisoned ar- rows were prohibited. Likewise, Ibn al-Manqali, writing about naval warfare, recommends avoiding launching a special liquid onto the faces of the enemy which could blind them 2 . Following the rules of the land war, the spoils of the war ( ghanā’im ) after a naval victory were distributed mainly among the par- ticipants and 1/5 of the spoils went to the imām, i.e. to the state, and the rest were given according to the degree of participation of the winners 3 . T. Bruce in his study on the taifa of Deina identifies the distribution of spoils with that of the pirates’ sharing of booty 4 . This cannot be accepted since spoils of war were also regularly distributed among the winners by the Byzantines of which again 1/5 went to the state and the rest to the participants of the victory 5 . Needles to 1 For the Arab-Byzantine prisoners in general see Khouri al-Odetallah, Rashad A., Arabs and Byzantines. The Problem of the Prisoners of War , Thessaloniki 1983 (in Greek). Patoura, Sophia, The Prisoners of War as Agents of Communication and Information , Athens 1994 (in Greek); Arab and Byzantine Prisoners in the Reign of Leo VI the Wise: Images from Con- temporary Byzantine Sources, in: Graeco-Arabica 11 (2011), p. 399–413. Kolia-Dermitzaki, Athina, Some Remarks on the Fate of Prisoners of War in Byzantium (9 th –10 th Centuries), in: La liberazione dei ‘Captivi’ tra Cristianità e Islam , ed. Giulio Cipollone (Collectanea Archivi Vaticani 46), Vatican City 2000, p. 583–620. For the exchange of prisoners between Byzan- tium and Islam see Campagnolo-Pothitou, Maria, Les échanges de prisonniers entre Byzance et l’Islam aux IXe et Xe siècles, in: Journal of Oriental and African Studies 7 (1995), p. 1–56. 2 See: Khadduri. War and Peace in the Law of Islam (cf. note 14), p. 104, and Ḥ amīdullāh, Muslim Conduct of State (cf. note 15), p. 207. For Ibn al-Manqali’s hitherto unknown pas- sage see his work Al-Adilla al-Rasmiyya fī al-Ta‘ābī al- Ḥ arbiyya , ed. M. S. Kha ṭṭ āb, Bagh- dad 1988, p. 249, where it is reported that it is forbidden to drop liquid onto the eyes of the enemy which would blind them, but Ibn al-Manqali does not clearly accept this view. 3 For a lengthy discussion about the maritime spoils see: Khalilieh H. S. Islamic Maritime Law An Introduction , Leiden — Boston — Köln 1998, p. 122–125. Khalilieh reports that according to some jurists all crew members of warships should take part in the division of spoils while others restrict their number to the combatants. Furthermore, he confirms in this section Goitein’s report that among the members of the crew of the Fatimid warships there were physicians. It is to be noticed that while in the Greek treatises of naval warfare no phy- sicians are mentioned aboard the warships, Ibn al-Manqali asserts that all warships should have physicians aboard; Ibn al-Manqali, Al-Adilla al-Rasmiyya fī al-Ta‘ābī al- Ḥ arbiyya (cf. note 24), p. 245. 4 Bruce T. Piracy as Statecraft: The Mediterranean Policies of the Fifth/Eleventh-Century Taifa of Denia (cf. note 3), p. 236. 5 For the distribution of spoils by the Byzantines see: DainA. Le partage du butin de guerre d’après les traités juridiques et militaires, in: Actes du VIe Congrès International d’Études Byzantines I Paris 1950, p. 347–352; Kyriakidis S. The Division of Booty in Late Byzantium (1204–1453), in: Jahrbuch der Österreichischen Byzantinistik 59 (2009), p. 163–175.