lift o f property, the medium of which may be known, for the fake
of both the parties; now this cannot be,afcertained, except where the
fpecies is known, which comprehends a.hefl, aworf, and a medium
of the kind, for if this be unknown, the diftindtion cannot be made
fince no medium can be afcertained amidft an infinite variety of fpecies.—
But (as was already obferved) the hulband has it at his option
in difcharging-the dower, either to give the woman a medium animal
of the l'pecies.mentioned, or to pay her the value in money, becaufe
the medium cannot be afcertained precifely except by appreciation,
and confequeutly the value of the animal is the ftandard of payment;
and, on the other hand, the actual animal is theflandard .according to
nomination.
I f a man marry a woman, affigning her a dower of cloth, unde-
fcribed, the, in this cafe, receives her proper dower. This is where
the term cloth alone is mentioned by the man without any addition;
and the reafon is, that the fpecies of cloth is here unknown and un-
afcertainable, fince of that there are a variety of fpecies.— But if he
were to name the fpecies o f cloth, as if he were to fay “ I will give,
“ as a dower, a piece of Hirrooey * this manner of defcription is
approved; and the hulband has it in his option either to give a piece
of Hirrooey o f a middling quantity, or to pay the value in cafh, for
the reafons already Rated. In -like manner he has it at his' option
either to give the cloth or to pay the value, where heTras been ffill
more particular in his defcription, mentioning the length, breadth, and
quality of it, in a way fuch as would fuffice in a Sillim tale.— This is-
according to the Zahir Rawayet; and the ground upon which it proceeds
is that cloth is not of the clafs of things denominated Zooatal-
Imfdl, or things compenfable by .an equal quantity of the fame fpecies.
In like manner he lhall have the fame option where the dower is
.affigned of goods, the quantity of which is afcertainable by weight
* A particular fpecies of cloth manufactured in Herat, a city of Khorafan.
or meafure, provided he Ihould not have particularly defcribed the
quality, but only the fpecies'. but if he Ihould particularly defcribe
the quality, he then has no option, and mull pay the aCtual thing
mentioned, becaufe, under fuch defcription,.. it becomes a debt upon
him, of the fpecific weighable or meafurable articles defcribed.
If a Mujfulrnan marry a woman, agreeing to give her, as a dower,
mine or a hog, the woman has her proper dower, becaufe a condition
I of alfenting to receive fuch articles is invalid; but as a contract of
l marriage is not rendered null by a nugatory condition being compré-
[ bended in it, it holds good, in this cafe, though the condition be
null: contrary to a cafe offa le, which is rendered null by an invalid
I condition.— The aflignment of the dower in either of the articles
I aforefaid is dilapproved, becaufe what is named is not property
I with Mujfulmans; and on this principle it is that a proper dower be-
I comes due.-
If a' man marry a' woman", affigning her, as a dower, a ■ calk of
vinegar, and the Calk Ihould afterwards appear to contain wine; the,
in.this cafe, has her proper dower, according to H aneefa.-T h e tw o
difciples allege that, in this cafe, (he is to receive vinegar o f a me-
; (hum quality, and the fame in quantity as the wine.— And if the man
were to name,- as a dower, a" certain fpecified Have, (as if he were to
Ifay « I affign this Have as a dower,” ) and'it Ihould afterwards appear
that the perfon fo mentioned as a {lave was at that time fr ee, in
[this cafe a proper dower is due,' according to Haneefa and Mohammed.
\Aboo Toofaf fays that here the hufband owes the eftimated value of the
[free perfon aforefaid, fuppofing he were a Have; for'he argues that
[the man has filled the woman with the expectation of a certain property,
the delivery of which he afterwards finds impoffible; the value
[therefore is obligatory upon him, or an article fimilar to that agreedr
|f°r, if it be of the fpecies of Zoo&tal Imfdl, as in. a cafe where a man ’
Marries a woman on a dower confifting of a Ipecified Have, and the
Have
Cafe of a
dower confifting
of unlawful
articles,
Cafes of falfe
aflignment.