and to thofe
alfo it is not
due if they be
aliens.
Chrijlian and
Mujfulman
brothers are
not obliged
to maintain
each other.
The maintenance
of a
parent is ex-
dufively incumbent
on
the child.
Maintenance
to other renance
out of his own property, it follows that the fame circumftance
can be no objeftion with refpedt to one who is a part of him.— But i f
thofe, relations be aliens, their maintenance is in no degree incumbent
upon a Mujfulman, although they be Moofi&mins becaufe the lawgiver
has forbidden us from lhewing kindnels to thofe with whom we
are at war on account of religion.
T h e r e is no obligation upon a Chrijlian to provide maintenance to
his brother, being a Mujfulman ; neither is a Mujfulman under any obligation
to provide for the maintenance of his brother, being a Chrijlian-,
becaufe (according to what appeal's in the facred, text) maintenance is
connected with inheritance ; and as a Mujfulman and, infidel cannot inherit
of each other, it follows that the maintenance of either is not
incumbent upon the other:— it is. to be remarked, however, that
this rule does not obtain with refpedt to the other effects o f confangui-
nity; for if a Mujfulman become poffeffed of his Chrijlian brother, as
a Have, the latter is virtually emancipated, on account of nearnefs of
kindred, notwithflanding the difference of religion..
T he maintenance of a father and mother is incumbent upon their
child alone, wherefore no man can be his-partner or affociate in fu r -,
nifhing it to them, becaufe parents have a right in the property of their
child, (according to various well known traditions,) which they do
not poflefs with refpedt to that of any other perfon.; and alfo, becaufe
the child is more nearly related to his parents than to any other perfon
whatever.— T h e maintenance to parents is equally incumbent upon a
daughter as upon a Jon, according to the Zâhir-Rawâyet ; and this is
approved, becaufe the principle upon which the obligation of it is
founded applies equally to both.
I t is a man’s duty to provide maintenance for all his infant male
* That is, refuting in the Mujfulman ftate, under a p n ttfiim .
relations
relations within the-prohibited degrees, who are in poverty; and alfo
to all female relations within the fame degrees, whether infants or
adults, where they are in neceffity; and alfo to all adult male relations,
within the fame degrees, who are poor,, and difabled or blind:
but the obligation does not extend beyond thofe relations, becaufe the
duties of confanguinity are not abfolutely incumbent towards any excepting
the nearer (or Karreebai) degrees of kindred, and do not.extend
to the more difiant degrees, as this would be impracticable: on
this occafion, moreover, the necejfity is made a condition of the obligation
; and tendernefs of fex, or extreme youth, or debility, or
blindnefs, are evidences of this neceffity, fince perfon s from thefe cir-
cumftances are rendered incapable of earning their fubfiftence by labour;
but this rule does not apply to parents, for i f they were to
labour for a fubfifrence, it would fubjedt them to pain and fatigue,
from which it is the exprefs duty o f their child to relieve them;
and hence it is that maintenance parents is incumbent upon
the child, although they Ihould be able to frihfift by their own.
induftry.
lations, heikles
the wile,
parents, or
children.
M a i n t e n a n c e is due to a relation w ith in the prohibited d e g r e e s ,
in proportion to in h e r itan c e ; in o ther w o rd s , upon h im w h o has th e
greatefr r ig h t o f inheritance in th e faid relation’ s eftate th e la rg e ft proportion
o f maintenance is in cum b en t ,— and upon h im w h o has th e
fmalleft r ig h t , th e fmallefr proportion,— and fo o f th e o th e rs ,— becaufe
it is faid in th e Koran “ t h e . m a i n t e n a n c e o f a r e l a t i o n
“ w i t h in t h e p r o h ib it e d d e g r e e s r e s t s u po n h i s -h e ir , ” and
the word heir fh ew s th a t in adjufting th e rate o f maintenance th e pro.-
portion o f inheritance is to be regarded..
— --------------------^ « u , f tU U U i v u w i i v j -Cl l i tu ic r i
difabled, refts upon th e parents in three, equal parts, tw o thirds bein g
furnilhed b y th e fath e r , and one third b y th e mother,, becaufe th e in - maint=nance
heritance of a father from th e efrate o f his io n or d aughter is two daughters,
g .7- j (and alfo to thirds, their adult