Criminal Law of Shabsougs and Natuhay Since prison sentences were not practiced among Circassians, all the harm had to be repaid in fines or by death. Circassians did not have a monetary system, therefore the size of a fine was defined by standart values accepted since ancient times. These were: toop, tsu, sxa. Toop = piece of a fabric for woman's or man's dress. Tsu = 1 bull. The bull could, however, be replaced by any object of houseware. Sxa had the largest value. Before some time, it was equal to 60 tsu or could be replaced by steel objects like armour, daggers and etc. We should note, however, that 60 tsu was equal to 1 sxa value for harm done to princerly class, but it could go as low as 8 tsu for 1 sxa to peasants. As a social life structure became more democratic, 1 sxa for princerly and peasant class became = 30 tsu. Nevertheless, the size of sxa could always be negotiated between both parties. The size of fine varied depending on a case. There were, however, general rules of definition of a fine depending on a type of a crime. 1. All death cases required Blood revenge or, in case of peaceful agreement, so called 'Blood Price' in the following value: Death of a prince = 100 sxa Death of a noble = 42 sxa Death of a free peasant = 20 sxa Here is a typical example of what could make a total of 42 sxa for a noble: 2 Armours, 2 Helmets, 2 Sabres, 2 pairs of elbow protectors, 2 good horses, 1 rifle, 1 silver cup, 8 cows, 20 average horses. 20 sxa for a peasant could be equivalent to the total number of following objects: 2 slaves, 2 Armours, 2 Helmet, 1 pair of elbow protectors, 2 good horses, 2 rifes, 2 Sabres. 2. Death of a slave did not have a specific sxa value but the guilty party had to reimburse the cost of the slave. 3. Wounds were fined depending on the degree, but varied between 1/2 - 1/4 of a Blood price of each class (see above). 4. Hitting with a stick was equal to a few sxa fine if its trace was visible and if was not - only several tsu. In ancient times, however, hitting the member of a princerly class could lead to a fine of 1/4 of a Blood Price. 5. Breaking the honor of a woman, if desided in a peaceful way, could lead to a fine of certain number of sxa, depending on negotiators skills. Most of the time, however, the dishonored family seeked the death of the guilty one unless he managed to escape and leave the community. If he did not leave, he exposed other members of his clan to the risk of a blood revenge. 6. Thiefs and burglars were fined with 9-10 tsu and a requirement to return the stolen piece. If they failed to do so, they had to pay an amount 7 time the value of a stolen object. Also, in earlier times, breaking into the house with a purpose of stealing was fined with 15 sxa for a noble's house and 7 sxa for a peasant's house. If a thief was caught twice, the size of a fine increased to 24 tsu. After third case, he had to be sentenced to psi-hedz (death). It is curious to know that stealing from a different community or a tribe was not considered to be a crime. Instead, it was a way to demonstrate bravery, unless there was an agreement between tribes against harm to a private property. 7. In case of adultury of a wife, a husband cut a tip of her nose and sent her out of the house. There were cases of killing unfaithhful wives. In these cases no Blood Price was to be repaid to her relatives. Also, there were cases when wifes and their illegitimite children were sold into slavery. But later, mostly, unfaithfull wives were simply sent home. 8. Father could take away a right of inheriance from any family member. Also neither he nor any other clan member would be procecuted for killing or harming anyone withing their clan. 9.Insulting a guest in the house lead to a fine of 1 sxa to an owner of the house. Killing a guest in someones house cost 10 sxa besides the Blood Price, which was to be repaid to a guest's family.
Civil law of Shabsougs and
Natuhay tribes Yet, the advantage of being the
oldest family member was a right to take any precious thing in the
house (it could even be a slave) in addition to his share. |