but not that
of a (hare in
a coparcenary
Have.
The partial
emancipation
-of a foie flave
(when followed
by the
emancipation
of the remainder,)
fuffices;
ence of-opinion fubfifts in the cafe of expiation tof a Yamten, a's fhall be
recited at1 large in treating of vows.
I f a man, being rich, emancipate his half of a coparcenary flave,
-and then indemnify his partner for the value of the remainder, this
-does-not fuffice for an expiation wlthHaneefa.— The two difciples
„hold that it fuffices, becaufe the expiator, becoming poffeffed of his
•partner’ s lhare by indemnifying him, does in effect emancipate a
-flave who is entirely his own property;— but it were otherwife if the
expiator be poor, as in this cafe it is incumbent upon the flave to perform
Siayet, or emancipatory labour, for the partner’s lhare; and
hence the emancipation is, fo far, fo r a return. T h e argument.of
Haneefa is that in this cafe the emancipation is defective in the proportion
of the partner’s lhare, until the transition of the property in it
to the emancipator be effe&ed by his indemnifying the other partner,
and this circumftance forbids its fufficiency for an expiation.
If a man emancipate half of his own -Have, as an expiation, -and
afterwards emancipate the remainder for the fame purpofe, it fuffices,
as this amounts to no more than emancipating him by two fentences
inftead of. one; and the defeat which appears in the fecond half on account
of the f r f half being already free is not .regarded, lince this de-
fe<£t has been induced upon the expiator’s property, in confequence of
-his emancipating it on account o f expiation, and a defect like this is not
regarded; but is confidered.in the fame light as when a man, having
thrown a goat on its fide for the purpofe of lacrifice, happens.to dired
his knife into the animal’s eye, fo as.to render it defective, which is
not regarded, the facrifice o f the goat being Itill lawful, as the defedt
has befallen the property on account o f facrifice.: contrary to the preceding
cafe, becaufe there the defedt appears in the property of the
other partner.-—This proceeds upon the tenets of Haneefa.— With
.the .two .difcijdes manumiffion is indivifible, and confequently the
emancipation
emancipation of an h a lf is, in effedt, the emancipation of the whole
flave, lo that it is not confidered in that inftance as proceeding from
two fentences.
If a man emancipate h a lf his flave, as an expiation of Zihdr, and
then have carnal connexion with the wife upon whom he had pronounced
the Zihdr, and afterwards emancipate the other half, it is not
valid as an expiation, according to Haneefa, becaufe he holds that
manumiffion admits of divifion, and the condition of its fufficiency, in
the facred writings, is .that it be performed before the man touch his
Wife; but here the emancipation of one half takes place after touch-:
ing.— With the two dilciples, on the contrary, the emancipation of
an h a lf amounts to an emancipation o f the whole, wherefore the
emancipation in this cafe appears to take place upon the whole, before
touching.
If the perlbn pronouncing a Zihdr be not poffefled of a flave, his
expiation may be made by falling for two fucceffive months, provided
thofe do not include the Ramzdn, nor the feftival o f F itiir * , nor the
days o f Nihr + or Ta/hreek J. The fall mull be fucceßve, (that is,
uninterrupted,) becaufe it is thus exprefled in the text; and it is a
condition that the Ramzdn be not included, becaufe the ablHnence
obferved in that period is not counted in expiation; for i f it were to
be fo counted, this would in effedt induce the annulment o f a thin°Öordained
by G od ; and it is alfo a condition that the feftival o f F ittir,
and the days o f Nihr and Tajhreek, be not included, as (thefe
* The day o f breaking Lent.
t Th e day offacrifice, being the tenth of the month Z n a l Hidjcc, when the pilgrims-
affemble at Mecca. '
t Th e true fenfe of Tajbrecl (as here applied) the tranflator has not been able to dif-
cover.
X x being
but not i f
carnal connexion
take
placebetween
the two emancipations.
Zthar may be
expiated by
fading two
months;
VOL. I,