Manumîffion
is valid, indépendant
of
the dtjign of
it,
and of the
ftate of the
emancipator.
A reference
of manumif-
lion to a future
event, or
a fufpenfion
of it upon a
condition, are
4valid, in the
fame manner
as in divorce
Slaves defert-
ingfrom a
foreign fer-
vice, and embracing
the
faith, arefree*
well as to the paternal connexions of a Mokdtib ; and in this opinion.
the two difciples alio coincide; it does not however extend to the fraternal
connexion offofter brother or fojier fifter, becaufe they are prohibited,
not from connexion of blood, but of fofierage.
If a mailer emancipate his {lave, whatever the predifpofing caufe
urging him to that aft may be, whether he do it from religious motives,
or at the iniligation of the devil, or in obfervance of any idolatrous
fuperflition, the emancipation is equally legal and valid, as proceeding
from an authorized perfon, (the poffefor,') and affefting its
proper objeft, (the flave.')
T he emancipation pronounced by a profligate or a drunkard is alfo
legal for the fame reafon.
If a perfon refer emancipation to the aft of pofieffion, (as if he
were to fay to the flave of another, “ if ever I become your mailer,
“ you are free,” )— or, if he were to fufpend the emancipation of his
own immediate flave upon a condition, faying “ if you enter fuch a
“ houfe, you are free,” fuch reference or fufpenfion are approved,; as
well as in divorce. The reference of emancipation to pofleffion is held
to be illegal by Shafei, as is particularly flated in the book of divorce:
all the doftors, however, coincide in the validity of the fufpenfion of
emancipation upon a condition exprefled, becaufe Ittak is held in law
to be purely a direlichon of a right, in which iuipeniion is of courie
admitted:— contrary to any aft amounting to a transfer of a right, (as
ja k , for inilance,) the fufpenfion of which is illegal, as is explained in
its proper place.
If the flave of an infidel alien, becoming a convert to the faith,
retire into the MuJJulman territory, he is free, becaufe when the flaves
from the countries around deferted their mailers, and came into and
embraced
embraced the doftrines of the prophet, he declared,— “ thefe arc the
freed-,men r f G od ;” and Alfo, becaufe the flave, at the time he delivers
himfelf up, , is a Muffulman, and bondage is not eilabliihed in a
Mujfulman originally. jt&ul
I f a man emancipate his female flave, ihe being pregnant, the The fetus of
foetus becomes alfo emancipated, in confequence o f the manumiflion of feS n “ve
the mother, as it is connefted with her in the lame manner as one of Peakes °{
hei members;, but if the mailer were-to emancipate th e f e r t i le only, pation.
and not the.mother, the former alone:is free.— It is to be obferved that
the manumfjion o f * foetus is approved, but not the fale or gift, becaufe
delivery is a condition o f gift, and the power of delivery a condition
a t fate, and neither o f thefe can take effeft until after the birth; but
delivery, or power of delivery, are hot effential conditions ofemancipa-
tion, and therefore are not requjfite to validate it.
I f a perfon agree to emancipate, thefoetus in the womb o f his fe- Emancipat
e flave for a compenfation, thefoetus is free, but the compenfa- t f f '
tion is not due, becaufe it is impoflible that any compaft ihould he c.omPenfa:
j i * j* j _ .. r tion, is valid,
mane binding upon an embryo, as no. perfon h^s power over it until bat the returnafter
the birth ; nor can it be made fo upon the mother, becaufe the ** notdue‘
embryo is (with refpeft to emancipation) altogether diilinft from her,
and to ftipulate a return for freedom, binding upon any but the.perfon
liberated, is contrary to law, as has been already ihewn in treating of
Khoola. It is here nedeflary to bbferve that the exiftence o f pregnancy ,
is not fuppofed at the period of emancipation, unlefs the delivery follow
within the ipace of fix months after.
T he child of a femaie flave, begotten by her mailer, is free, be- The child of a
caule iuch child derives its exiftence' from the mailer’s feed, and is of Msftma"
therefore free, radically, as it is a rule that that which is. created from flave'is/r«!
the feed of a free perfon is itfelf free. The feed o f the female flave alfo
K. k k 2 ,joes