behalf of the
wife. on a condition that he is not to carry her out of her native city,— or
that he is not to marry, during his matrimonial connexion with her;
any other woman, in this cafe, if he obferve the condition, the
woman is entitled to the above fpecified dower only, as that confifls'of
a fum fufficient to conflitute a legal dower, and flie has agreed to
accept i t ; but if he fhould infringe the condition, by either carrying
her out of her native city, or marrying another wife, fhe is- in this
cafe entitled to her proper dower, becaufe he had acceded to a condition
on behalf o f the woman which was advantageous to her, and that
not being fulfilled, the woman is-not fuppofed to be fatisfied with the
thoufand Dirms, and mull therefore be paid her complete proper
d o w e r th e fame as in a cafe where a woman had agreed to accept of
one thoufand Dirms as- a dower, on condition of being treated with
reverence, and not fubjefted to any laborious work; or, of being pre-
fented with a rich drefs,. and fo forth.
If a man marry a woman, flipulating" the dower at one thoufand
Dirms, provided he fhould not carry her out of her native city, but
flay and refide there with her,— or at two thoufand, if he-fhould carry
her thence,— in this cafe-, if he continue to refide with her in thefaid
city, fhe is entitled to the thoufand Dirms only; but if he carry her
thence fhe becomes-entitled to her proper dower, where that does not
exceed two thoufand, nor fall fhort of one thoufand.— This is-according
to Hanecfa. The two difciples fay that both conditions are equally
valid, infomuch that, as if he were to continue to refide with her in
the city aforefaid, fhe would receive the one thoufand Dirms only, fo
if he carry her thence, fhe becomes entitled to two thoufand.— Ziffer,
on the other hand, maintains that both the conditions are null, and
that the woman fhall, in either event, receive her proper dower,
where that does not exceed two thoufand Dirms, nor fall fhort of one
thoufand.— This cafe is founded upon what occurs in the book of
Hire, where a man fays to a taylor “ I f you make me up this robe
“ within the day, I fhall pay you one Dirm; or if you finifh it
“ by
I I by to-morrow, you fhall have half a Dirm: "— as will be hereafter
I explained.
I f a man marry a woman, agreeing to give her, as a dower, either-'
I of two flaves unfpecified,— as if he were to fay— “ Make one of thefe'
I “ two the dower,”— and the flaves be of different value,-— in this cafe,
II where the woman’s proper dower is under the rate of the flave of lefs
11 value," fhe receives that one; or i f it exceed the rate of the more va-
I luable flave, fhe receives that one; and i f it exceed the former, and fall
I fhort of the latter, fhe then receives her proper dower. This is accord-
I in-g to Aboo Toofaf.— The two difciples allege that the leafl valuable
I flave goes to her,-in all thefe circumflanoes. ' But i f the hufband di-
l | vorce her without confummation, fhe in that cafe becomes entitled
I I to half the price of the leafl valuable flave only, according to all the
■ do£tors— The argument of the two difciples, in this cafe, is that the
Mlproper dower is not to be held obligatory, unlefs where the JUpulated
■ dower is of fuch a nature as renders an obligation with refped to that
I impoffible; but it is poffible. with refpedt to the leaji valuable flave,
I becaufe that one is undoubted*,~ and is therefore obligatory ; the fame
■ Us in a cafe of Khoola, or of manumiffion, for a compenfation “ of
1 “ one thoufand, or of. two thoufand,” or “ of this flave, or o f that
I “ flave t ;” in which cafe, whatever is the leafl value named is held
■ to be the compenfation either for Khoola or for manumiffion, as there
■ can be no doubt -concerning it; and fo in this cafe alfo.— 'The argu-
Htmerit of Haneefa, in reply to the two difciples, is that the proper
B e t * . ^ j4 ‘S t0 &y’ althouSh> with refPe a 401316 Have ° f greater value, a doubt might be
I H i l I B yet w,th refPe£f to the «ther there .can be none, fince that is the loweft terms
■ ottered by the party himfelf.
M H H B i W E B 1 I ' m cafes Df vas ue and indefinite expreffion;
■ “ I H N H Where the wife may fay to her 1 1 will give you one or
■ H H B 0r ei.ther of my flaves> B B B f°r rny divorce,'>-in which
li io n e d . determines the Ptopof611 compenfation at the loweft value mendower
Cafes of a
dower confining
of property
unidentified,