unlefs fuch
Have be defective
in one
of his faculties.
The emancipation
of a
deaf Have
.fuffices:
but not that
of one who
has loft both
rhis thumbs»
thereby enhancing his crime of infidelity, and precluding himfelf from
receiving thofe advantages which he was qualified to enjoy through
his freedom, it is to be attributed to the error of his choice, and not
to any defedt in the adt of the expiator.-
Tt is not fufficient, as an expiation, to emancipate a Dave who is
blind, or maimed of both the fellow-members, whether hands or feet,
becaufe here fuch a Have is utterly deprived of one of his bodily endowments
either-offeeing, carrying, or walking, and the privation of
;any one advantage in a flave renders the manumiffion of him infuffi-
.cient as an expiation, fince a perfon in fuch a ftate.is accounted dead'.
hut where the privation is not entire it does not forbid the validity of
the expiation, and hence it fuffices for that purpofe to emancipate a
..flave who is blind of one eye, or maimed of one hand or foot, or of
an hand and foot from oppofite fides, as this amounts not to an abfo-
lute privation of one of the advantages, but only to a defeid: the cafe
however is other wife where he is maimed of a hand and foot upon the
fame fide, for in this cafe his emancipation would not fuffice, as this
.amounts to a privation of the advantage of walking, fince, without
the affiftance ,of .the hand upon the lame fide, that is impradti-
cable.
I t fuffices, as an expiation, to emancipate a deaf flave. Analogy
would fuggeff that this is not fufficient, as the flave is here deprived
o f one faculty; but it is admitted as fufficient, upon a favourable con-
ftruction of the law, as the radical faculty ftill continues, fince one
who is confidered as deaf may "yet be capable of hearing what is fpoken
ialoud: if, however, he cannot hear at all, (as where a perfon is bom
perfectly .deaf) his emancipation does not fuffice.
I t does not fuffice, as an expiation, to emancipate a flave who has
loft both his thumbs, as his power of carrying, which is one of his
bodily endowments, js in that cafe deftroyed.
N either
N either does it fuffice to emancipate a flave who is infane, be-
eaufe no ufe is to be derived from the members of the body unlefs they
be informed with reafon, and therefore a privation of reafon amounts
to a privation of all the corporal endowments : but if the flave be one
who is infane only at intervals,, his freedom fuffices for an expiation, as
this circumftance is not an utter privation of the faculty, but only a
defe£t in it, which does not prevent- the fufficiency.
I t does, not fuffice, as an expiation, to emancipate a Modabbir, or
AmWalid, as fuch are eventually entitled to their freedom, and hence
their bondage is incomplete;— and fe alfo of a Mojtatib who has fulfilled
his contradt of Kitdbat in part,, becaufe in this cafe his freedom
muft be accounted' as in. return for the part of his ranfom already received,
and confequently does not fuffice for an expiation, as that is
an act of piety, In which fpeciality is efiential.— It is recorded as an
opinion of Haneefa that the releafe o f this Mokdtib is fufficient, as
bondage is found to exift in him in every ffiape,,and accordingly the
contract of Kitdbat admits of being annulled: contrary to: Am
Walids and Modabbirs, as a. Tadbeer or Ifeelad. cannot be cancelled.
If a perfon who pronounces Z ih d r emancipate, for expiation, sc
Mokdtib who has not paid any part of his ranfom, it fuffices.— Shafei
fays that it does not fuffice,, becaufe the Mokdtib is a. claimant of freedom,
in virtue of the contradt of Kitdbat, and is therefore the fame
as a Modabbir.— The argument of our doctors is- that bondage exifts in
a. Mokdtib in every fhape, becaufe the contradt' of Kitdbat is capable of
annulment; and a'lfo, becaufe the prophet has declared “ a Mo k a t iB
‘ is a Jlave as long as a fingfe D irm remains due from h im ''
If a man purchafe his father or his fon, intending expiation thereby,
it fuffices.— Shafei fays that it does not fuffice;— the fame differ-
5 ence
or who is in-
(unlefs it l e
an occafional
infanity
only;)
nor of a- Modabbir,
or
Am Walids
or Mokâtib,
who has paid
part of his
ranfom.
ïï li&jjK
I That procured
for a
parent or
child fuffices;
j