They Cannot Be Left to the Brutality of a Cruel Group: An Ottoman Scholar’s Treatise on Dogs

Several studies have been written on the subject of animals in the Ottoman Empire, with a focus on dogs in particular. Most of these studies cover the subject through various sources, including history books, biographies, travelogues, and diaries. Although studying the issue via these sources is important, several works written in the Ottoman period, especially distinct treatises, provide more concrete information on the subject. These treatises have the unique quality of providing insight into many points, especially with relevance to the concepts on which the scholars and thinkers of the period examined the human-animal relationship, and also the arguments they advanced to estab-lish this relationship. One such treatise was written by Mustaqīmzāde (d. 1202/1788) in the 12th/18th century. This treatise deals with many issues, especially the human-dog relationship, the characteristics dogs have, why people should be compassionate towards dogs, and the problems of having a negative attitude towards dogs. In this article, I give a brief biography of Mustaqīmzāde, summarize the changing attitude of Ottomans towards dogs, discuss the content of Mustaqīmzāde’s treatise, and finally translate it into English and present an edition of the text.


Introduction
Humans and animals have lived together from the onset of human history, manifesting in different ways through different societies. This relationship is sometimes based on mercy and on sharing the environment, though at times it has been marked by extreme cruelty. In any case, the human-animal relationship has continued over the centuries, though societies' positive attitudes toward them ebbs and flows. There are some basic principles that determine these relationships, which vary according to period and location. These principles are mostly based on religious, cultural, and experiential elements. Based on the fundamental values, each society has had a relationship with animals, especially animals that share the same space with humans (see Kızılkaya 2021). Dogs have a special place among these animals. The relationship between dogs and humans has always been closer than that between other animals. This intimacy appeared in Ottoman society as well, where dogs were seen as part of the neighbourhood.
Although dogs lived among people in Ottoman society, their relationship with humans was different from that of the popular house pet in contemporary society. Instead, dogs were an integral part of the city and the neighbourhood, living among the people, being fed by the community, and protecting the neighbourhood from any external dangers. This situation was expressed by many travellers who visited the Ottoman lands during various periods (Lovell 1687). Although these animals were seen as part of society, vigorous discussion continued about what their role in society was.
During the Ottoman period, discussions and legal regulations about the existence and rights of the animals in society go back to the formation period of the Empire. However, these regulations were mostly for animals such as horses, donkeys, mules, and oxen, which provided numerous benefits to people (Kızılkaya 2020). Although regulations about dogs did not previously exist, a discussion emerged due to the massive canine population in Istanbul in the 12th/18th century, when these dogs began harming the environment by attacking people. As a result of this discussion, Mustaqīmzāde (d. 1202/1788) penned his treatise, which I examine here. After a brief examination of Mustaqīmzāde's life and work, I will move on to the treatise and the context in which it was written.

Mustaqīmzāde Sulaymān Saʿd al-Dīn
Mustaqīmzāde Sulaymān Saʿd al-Dīn was born in 1131/1719 in Istanbul. He hailed from a scholarly family, as his grandfather, Mehmed Mustaqīm Efendi, was in the judgeships of Damascus and Edirne, and his father, Mehmed Emin Efendi, was one of the professors of the Grand Vizier Seyyid Ḥasan Pasha Madrasa in Beyazid, Istanbul. In his early years, he took some classes from his father and learned Arabic and Persian. He also attended the classes of the prominent scholars of the time, such as Seyyid Yūsuf Efendi (d. 1167Efendi (d. /1754 Yılmaz 1991;2006). Mustaqīmzāde was not only a learned figure of his time, but was also a poet and Sufi who produced works on Sufism (taṣawwuf). He translated the work of the so-called reviver (mujaddid) of the second Islamic millennium, Aḥmad Sirhindī's (d. 1034/1624) Maktūbāt ("Letters"), into Turkish. Maktūbāt is the most comprehensive and famous corpus of letters written by a Sufi and is the main source of information about the Naqshabandī tradition Aḥmad Sirhindī inherited and developed. The work includes Aḥmad Sirhindī's views on the preference for waḥdat al-shuhūd (oneness of witnessing) over waḥdat al-wujūd (oneness of being), his claim that the doctrine he defined was the only correct position of the Sunnī creed, as well as the perfection of the Naqshabandī order and his relations with his master Bāqī bi-Llāh (d. 1012/1603) and his khalīfas. The book is responsible for piquing the interest of not only the Ottoman scholarly circles, but also a general audience, in such works (Mustaqīmzāde 1270-1277). Mustaqīmzāde also wrote Risāle-i Tāciyye ("Treatise of the Crown"), which deals with the head coverings of Sufi orders. It is not only a book on taṣawwuf, but also an important work about the clothes of the Ottoman Empire. It was eventually published by Helga Anetshofer and Hakan T. Karateke, with a critical transliteration of the text and a German translation (Anetshofer and Karateke 2001).
Mustaqīmzāde also has compilations of forty ḥadīths on different subjects. In his Āthār ʿAdīda ("Several Reports"), he brought together forty ḥadīths which mention numbers (Mustaqīmzāde [n.d.] Mustaqīmzāde's works in the field of biography are also a significant contribution to the Ottoman intellectual history. His Dawḥat al-Mashāyikh ("The Lofty Tree of the Shaykhs"), which is the first work that deals with the life of Ottoman Shaykh al-Islāms, is a masterpiece in its genre. There are several appendixes written on it; two by himself, two by Muḥammad Munīb ʿAyintabī (d. Ḍurūb-i Amthāl ("The Proverbs") (see Yılmaz 1991).

Mustaqīmzāde's Treatise on Dogs
There is no evidence about why Mustaqīmzāde, who wrote over 120 works in different disciplines and subjects, penned a treatise on dogs. He does not explain why he deals with this subject in the treatise. There is no mention of negative practices, legal regulations, or discussions in the sources that would require writing such a treatise. In fact, as some studies have demonstrated, there were legal regulations in the Ottoman Empire in the 11th/17th and 12th/18th centuries regarding animal welfare (Kızılkaya 2020, 9). Therefore, I have not come across any information about the context of the treatise during my research. However, I do want to discuss a few points in order to clarify the context in which it was written. In Ottoman society, the concept of neighbourhood formed a harmonious unity established between environment, humans, and animals. The diverse physical spaces, the people who filled these spaces, as well as the animals that lived around the people, were indispensable elements of the neighbourhood's integrity. Dogs are animals that lived around people and they played an important role in establishing this integrity as a complementary element of the city. They protected people, the neighbourhood, and the natural environment of the city, helping eliminate the damage that foreigners would inflict on the neighbourhood and its inhabitants. Therefore, people got along well with dogs and gave them due importance (Gündoğdu 2018). However, this situation began to change with the modernization of Ottoman society and the regulations that occurred within this framework. The Westernization efforts of the Ottoman bureaucrats in the 13th/19th century was incompatible with the visibility of dogs on the streets in their new understanding of the modern city, which led to measures against them. Especially during the 13th/19th and 14th/20th centuries, there were efforts to rectify the disparity between Istanbul's image and other European cities, and also to create a more hygienic space, in which the presence of dogs took on a newfound importance (Topçuoğlu 2010, 45).
Though dogs were seen as one of the major obstacles to the newly established image of the modern city, this was not the case during the time Mustaqīmzāde wrote his treatise. Therefore, it is unlikely that the changing notion of the city played a part in the writing of his treatise. The main topics and connotations of the treatise indicate that it was written as a response to reports of dogs attacking humans and a response to the discussions made to this end. One of the works reflecting these discussions is Saçaklizāde Meḥmet Efendi's (d. 1144/1732

work titled Risāla fī Ibāḥat Qatl [Itlāf ] al-Kilāb al-Muḍirra
("A Treatise on the Permissibility of Killing Harmful Dogs") (Saçaklizāde n.d.). Saçaklizāde, who lived during this period, argues that it is permissible to kill dogs because of the damage they could cause. The style of this treatise and the arguments lead to the conclusion that dogs should be killed to protect people from harm. It is likely Saçaklizāde participated in this discussion along with several others. As a matter of fact, Mustaqīmzāde touches on the same issues in his treatise and tries to justify them with some arguments. Still, matters such as killing dogs or driving them out of the city are not included in the main discussion of his treatise.
As a matter of fact, Mustaqīmzāde mentions the close relationship between dogs and humans. The treatise starts with the Prophet Adam, whom he mentions as the first human, to show how deeply-rooted this relationship is. Mustaqīmzāde states that animals were initially mild-natured, but became wild after human beings first shed blood on earth. Here, the author implies that the first cause of the wildness and harshness in the world is from humans and claims that the wildest animals were dogs. However, he mentions that dogs were created from the same material as humans, namely soil, and accordingly, they quickly established a close relationship to the Prophet Adam, forming a habituation between the two species in a short time. Mustaqīmzāde states that humans and dogs have been together ever since they first drew near to one another, and that while humans train dogs, dogs protect humans. He bases this view on numerous examples from the lives of important people, and the Prophets in particular.
Later in the treatise, Mustaqīmzāde touches upon some controversial issues regarding dogs. He focuses on issues such as buying and selling dogs, as well as feeding and killing dogs. Through all of these issues, Mustaqīmzāde displays a positive attitude towards dogs. In this light, he also interprets the Prophetic traditions (ḥadīths) on the subject in favour of dogs. In addition, while conveying the debates of the jurists on the subject, he accepts opinions that are in favour of dogs, grounding these views on various arguments. He argues that it is advisable to treat dogs well, bringing some evidence about showing mercy to dogs, feeding them, giving them water, and training them.
Mustaqīmzāde uses different disciplines to put forward his arguments about the human-dog relationship. He makes use of disciplines such as: Qurʾānic exegesis (tafsīr), Prophetic traditions (ḥadīths), jurisprudence ( fiqh), Sufism (taṣawwuf), psychology, and history. In this framework, he sometimes justifies the issue like a jurist and sometimes in the context of human emotions, through emotional and spiritual arguments. This varied argumentation shows the different dimensions of the issue on the one hand, while revealing the knowledge of Mustaqīmzāde in several distinctive disciplines on the other.
In the final part of the treatise, Mustaqīmzāde uses a poem to express the ten superior qualities of dogs. The features he outlines both expound on the nature of dog-human relationships and indicate the superior characteristics that distinguish dogs from other animals. He mentions such characteristics as loyalty and selflessness, as well as their calm and peaceful nature. These qualities are presented under the context of why humans should be compassionate to dogs and treat them well. Kızılkaya Journal of Islamic Ethics 6 (2022) 1-19 Considering the issues mentioned in the treatise, Mustaqīmzāde might have written this work in response to negative reactions against dogs, such as those found in Saçaklizāde Meḥmet Efendi's treatise and the discussions surrounding it. Because the dog population in Istanbul at the time was massive, and also because they often attacked people, there appears to have been a strong sentiment against dogs.
Several changes to lifestyle and environment took place in Istanbul during this time. Its nightlife, which began at the end of the 10th/16th century (Schick 2010, 29) and increased even more during this period, made it common for people to be mobile throughout the night. Thus, more people began to socialize during the night hours in Istanbul, both at home and outside. These changes affected the habits of animals living there and made them more aggressive. Thus dogs, encountering people they did not recognize in the streets at night, began attacking with the instinct of protecting the places and people in their locale. This led to a reaction against dogs, with Mustaqīmzāde possibly writing his treatise in the context of these discussions. I edited the text based on these three copies. Although there were no significant differences between Pertev Paşa Collection manuscripts, there were some deficiencies in the copy found in the Kastamonu Manuscript Library compared to the other two copies. In addition, there were some deficits in MS 614 in the Pertev Paşa Collection. MS 625 in the Pertev Paşa Collection is a more complete copy compared to the other two. Therefore, I took this version as the main text in the editing process, while indicating the discrepancies found in the other two copies.

Some Notes on Transliteration and Translation
I traced the Qurʾānic verses and ḥadīths mentioned in the text back to the primary sources and cited them in the footnotes. I have also used the footnotes to explain several important concepts. These additions are denoted by brackets ([]) within the main text. The author also makes some quotations in Arabic and Persian in the treatise. I translated them in the same way, preserving the originals. The following is my translation and edited version of Mustaqīmzāde's treatise.

Translation: A Useful Statement on the States of Dogs
Praise be to Allah, the Gracious Bestower who created animal species. He made man the most honourable of them. He put dogs at the service of man and ordered them to help him. His peace and blessing be upon his beloved one who forbids his umma to kill them through his beautiful ḥādīths. He said: "Dogs are living beings and the weakest of jinn." The peace and blessing of Allah be upon the Prophet's family and Companions, who complete the believers. It is known that among the kings the first one who trained dogs was Hūshang Shāh.
He is the first hero among the children of Adam (peace be upon him) and is the Prophet Idrīs's disciple.2 It is legitimate to obtain and take a dog for hunting and similar useful works. In fact, it is permitted (ḥalāl) in narrations to get a dog and the conditions of hunting were explicitly stated in fiqh books. The affinity with dogs, the familiarity with other predators (i.e., beasts of prey) and the protection and preservation of them initially began with Ṣafiyy Allāh Adam (peace be upon him), the ancestor of humans, may all kindness be with him. When the Prophet Adam fell to earth, all animals were mild-natured, but with the martyrdom of Abel, they all became wild. The Devil took advantage of this and mislead and taught them devilishness to torture the Prophet Adam. The most violent of these animals were dogs. Gabriel came and told Prophet Adam to put his blessed hand on the dog's head. Henceforth, in this way, intimacy and familiarity between the dog and man was formed and tranquillity took place in the mind.3 The dog actually came into being from the clay from which human came into existence. As dates were created from the remaining mud, the general situation was as follows; before his soul was blown, the human mould was thrown down and stoned on the ground in Paradise, while Azāzil,4 the master of the angels, entered and exited all around him. Because he learned the miracles that will Kızılkaya Journal of Islamic Ethics 6 (2022) 1-19 occur about this mould in al-Lawḥ al-Maḥfūẓ,5 it caused him to envy and created an extreme anger toward humans. He said "It is hollow, there is no good in it," and spit, so that half of the saliva fell to the place where the mold was located. When Gabriel (peace be upon him), with a side of his wing carved the saliva like a knife from the place and threw it away, the navel appeared in man. The dog was created from that mixture of saliva and pieces of mud.6 It is thus a nice coincidence that the spelling of "dog" and "belly" are similar.7 In short, since Prophet Adam touched the dog's head, he protected and preserved himself and his children from the dangers of dogs. This connection is explained extensively in imām Demīrī's book called Ḥayāt al-Ḥayawān8 and on the margins of Qurʾānic exegesis.
Obtaining dogs for protection (i.e., wardership) also initially appeared with Noah (peace be upon him). When the supreme command "build a ship"9 was revealed, Noah began building the ark. The unbelievers then came at night and destroyed and spoiled the part of the ark Noah had already built. When Noah complained about this situation to Allah, the divine order, "O Noah! Get a dog to protect the ship from human dogs" was revealed. While Prophet Noah was building the ship during the day and resting at night, the dog would see those who came to demolish the ship and begin to bark (i.e., shout out) with divine grace. When the dog started howling, Prophet Noah would wake up. As the saying "something makes the dog bark" indicates, Noah thus made an effort and attacked the unbelievers with the stick he had for this purpose, causing them misery.
Story: Making friends with a dog on the road first started with shaykh Yaḥyā Mālik Ibn Dīnār al-Baṣrī, who passed away in 131 according to the Malikī calendar.10 When asked about the reason for making a dog a friend on the road, he said, "It is better than a bad companion" (i.e., a bad traveling-companion). The Issue: Scholars disagreed about whether a person should get a dog to protect his house or to stand guard on the frontier. The sound opinion is that it is permissible. It is unanimously agreed upon that it is permissible to get a dog for the protection of animals (such as sheep) or land and gardens. However, it is stated in the ḥadīth "Who gets possession of a dog"11 that if a person without any need gets possession of a dog, his good deeds will decrease by two carats every day. Scholars have said that the case with dogs is that the dog needs to be trained for hunting (such as a greyhound, hound, saxon, or poodle), or it needs to be a shepherd dog (that is, for protecting sheep); it should initially be acquired before one begets from them. ʿAlī Qārī and others wrote that the report that all Prophets engaged in sheep herding and became shepherds can be found in the ḥadīths of al-Bukhārī. For the sheep of Prophet Abraham, the friend of Allah, there were four thousand sheep dogs, each decorated with neck collars made of a thousand mithqāl12 of gold. When asked why he placed gold collars on the dogs' necks, he said, "I refer to the notion of 'the world is a carrion, and those who demand it are dogs.'" In fact, the reason why the city of Aleppo is named Ḥalab al-Shahbāʾ13 is because it is the place of his milky sheep.

[Preserved Tablet. This phrase is mentioned in a Qurʾānic verse that the Qurʾān is in
The Issue: Abū Ḥanīfa and most of our scholars have said that the small, big, trained, and all other dogs are impure and that it is forbidden to buy and sell them. However, in most of the narrations, there is no prohibition of buying and selling them, except dogs who are mad. The harmful ferocious dog is a predatory dog. Thus, it is permissible to kill this type of "black" animal that torments Muslims at the doors of houses. While all detrimental ones can be killed, it is clear that killing a trained dog requires compensation.
A distich: What is done with knowledge is ḥalāl Whatever man does with ignorance is a sin [According to the report, the Prophet Abraham had large herds, and among the herds there was a "shahbāʾ" (grizzled) coloured cow. He milked the cow and distributed it to the poor neighbours. The poor were yelling ‫الشهباء"‬ ‫"حلب‬ (Abraham milked the grizzled cow!). Over time, the city became known as "Ḥalab al-Shahbāʾ" which means the milk of grizzled cow. Later on, the word "Shahbāʾ" dropped from the name of the city and "Ḥalab" has been used until today (see al-Ghazzī 1991al-Ghazzī -1993.]

Kızılkaya
Journal of Islamic Ethics 6 (2022) 1-19 Dogs are acknowledged as resident animals. It is indicated in extensive books that if the ants, and even snakes and mice that are permissible to kill, suffer in their sustenance and go hungry, the house owner will be examined and questioned in the hereafter because of that. Only the merciful will enter Paradise. In fact, it has been said that if a ferocious dog to be killed is hungry or thirsty, this suffering should be eliminated before it is killed. Yet, it is narrated in the ḥadīths of Suyūṭī's al-Jāmiʿ that "there is a reward for every one with a moist liver."14 In other words, there is a great reward for satisfying with water, treating and quenching the thirst of every creature who has a liver and needs water. For, one of the twelve animals that will enter Paradise is Qiṭmīr.15 Vizier ʿAlī Shīr Navāʾī, who refers to the anecdote of shaykh Najm al-Dīn al-Kubrā,16 said the following in his Tuḥfat al-Adhkār.17 "A man was walking on a road when he became very thirsty. He found a well and went into it and drank water then came out. There was a dog panting and eating earth out of thirst. The man said, 'This dog has become as thirsty as I was a while ago. 'He went down into the well and filled his shoe and then held it in his mouth until he climbed out the well and gave the dog water to drink. Allah thanked him for it and forgave him.' The Companions said, 'Messenger of Allah, will we receive a reward for taking care of such beasts?' He said, 'There is a reward for every one with a moist liver.'"] 15 [Qiṭmīr is the name given to a dog of the Sleepers of Ephesus. The Sleepers of Ephesus escaped persecution with the dog by miraculously sleeping in a cave for 309 years. Their story is mentioned in the Sūrat al-Kahf in the Qurʾān (Q 18:9-26).] 16 [His story is mentioned on the margin of the text: "Najm al-Dīn al-Kubrā was a shaykh. When he was in the state of ecstasy, the worthless being who came across his gaze reached the position of saint. Therefore, they used to call Najm al-Dīn a Walī Tirāsh (who makes someone a Saint). One day he was talking about The Sleepers of Ephesus and their dog Qiṭmīr. Saʿd al-Dīn al-Ḥamawī, one of his disciples thought, 'I wonder if there is anyone in this umma whose gaze affects a dog.' Najm al-Dīn al-Kubrā became aware of his thought with his heart and walked towards the door of the Dervish lodge. Suddenly a dog appeared from afar. The dog came towards him and wagged his tail. The shaykh's look affected the dog and the dog was stunned. When the dog woke up to himself, he rubbed his head on the ground and left the city and went to the cemetery. They even say that wherever this dog went, a group of dogs that came across him would follow him and circle him on the way, never looking elsewhere, they didn't howl and didn't bark. They would show respect to that dog. When shaykh was informed about the death of the dog he asked his disciples to bury the dog."] 17 [ʿAlī Shīr Navāʾī (d. 906/1501)  It is one of the events that confirms the meaning of the narration that is mentioned in Ziyādāt: "If the dogs were not a community, I would order you to kill them."18 This is even confirmed by the narration of Ibn ʿAbbās (may Allah have mercy on both), the sultan of the commentators, who said that dogs are of the jinn and one of their weaknesses. If they come across you during your meal, give them their share because they have a soul and their eyes were cast on the meal.19 There are many special benefits of being compassionate to either weak animals or dogs. Although it is known to an extent that torturing harmless animals with hunger and thirst and deliberately tormenting the creatures of Allah will trigger the anger of Allah, claiming that it is not harmful to commit it will amount to great good, even if there is little evil in it. In addition, with reference to the saying, "One who avoids prohibitions without good deeds is like a dog walking around a slaughterhouse, which raises its feet while peeing," it should not demand the cruelty of virtuous people. It has been said that this phrase is the word of a cruel group who did not know the secret of "They say things they do not know." Allah knows best.
Ḥāfiẓ said: Not everyone knows about the pleasure of the dogs living around you Wish I could have a chance to spend time around you like the dogs There are ten eximious traits in dogs, which are poetically put together in eight lines. It is appropriate to make them the concluding part here: God Almighty gave ten qualities to dogs in this world Mind owners envy the dog to get them One of these characteristics is that he has no worth among people He is in a poor state that has no property, does not act unjustly to humans With little sleep at night, everywhere is a sheet for him. Often hungry, the lowest places shelter him Even though the owner beats him a lot, he does not pull the rug from under his feet He goes away with beating and throwing, but he comes again when invited Does not bear a grudge, protects his owner resolutely Most of his life passes in silence and peace Even if a sumptuous meal is ready, he never charges at it Sits in a distant place, while making no noise He always stays somewhere, whether indoors or out It is not necessary to take a lesson for something, take it now from him Ten virtues that Allah Almighty gave to his most despicable creature Let the prudent people find a good conduct and respect him.
Praise be to Whom made collecting this small work succeed. It is a great work for its collector in relation to what God bestowed upon him and made it easy. And prayers and peace be upon His beloved one, who is most luminous, and on his family.