S E C T . VI.
Maintenance T he maintenance of male and. female. Haves is incumbent upon
culent1"' their owner, becaufe the prophet has ftid'.concerningthem,. “ they
upon their a are y gur l rethren, whom G ov, has placed in your . hands,, wherefore
“ give them fuch food as ye yourfelves eat, and fu ch raiment asyeyour-
“ fiv e s are clothed with, and affliSnot the Jervants o f your G od if,
therefore, the owner do not provide their maintenance, and" they be
capable of labour, they muft be permitted to work for their own fubfiftence,
as this is tendemefs not only to the Have, but alfo to his
mailer, being equally advantageous to both, fince the life of the Have
is thereby preferved, at the fame time that the owner’ s property in
him continues unaffected.— But if the Have be incapable of labour,
(as where a male Have, for inflance, is deprived o f the ufe of his
limbs, or where afemale is unfit to hire on account of extreme youth
or tender habit,) the owner muft then be compelled either to provide
their maintenance, or to fell them, becaufe Qaves are .claimants of
right notwithftanding their bondage, and by fale their right is obtained,
at the fame time that the owner’ s right is alfo preferved to him
by his acquifition of an equivalent in the price for which he difpofes
of them.— This rule does not hold with refped to other living property'
(fuch as horfes, and fo forth,) becaufe cattle are not claimants
of right, and confequently the owner is not compelled to an alternative
with refped to them, as in the cafe of flaves: but yet men are
directed to furnifh their cattle with fubfiftence on a principle o f piety,
as the neo-left of this is cruelty towards the creature, and at the fame
time deftrudive of property, which is forbidden by the prophet.—
Aboa Yoofaf'vs, of opinion that the owner of cattle may be compelled to
furniih them a proper and fufficient fubfiftence *. but it is the more
approved dodrine that he is not liable to any compulfion on that head.
h e d J r J -
H E D J T A .
B O O K V.
Of ITTAKy or the M A N U M I S S IO N
of S L A V E S .
IT T A K , in its primitive fenfe, implies power: in the language
o f the law it fignifies a power by effed, exifting in a man, which
endows him with competency in evidence, and alfo in authority,
(fuch as magifiracy, and fo forth,) enabling him to a d with refped
to others, and to repel the ads of others with refped to himfelf, in
confequence o f the extindion of his bondage.
Chap. I. Introdudory.
Chap. II. O f Slaves of whom a portion or member is emancipated.
Chap. III. O f the Emancipation of one of feveral Slaves.
H h h 2 Chap,
Definition of
the term.