does not in any refpeft traverfe or oppofe that of the mailer, fince her
feed is the property of her mailer, becaufe the mother s connexion
with her child is more intimate than that of the father, in virtue of
her right of Hizanit * ; or, becaufe the hulband s feed is confumed
in that of the female Have, as her own feed remains with her in
its proper and original place, whereas that of the hulband, proceeding
from him, mixes with her’s, and is confequently loll and expended
in it.
O bjection.— Refpedt is paid to preference only where two things
are oppofed to each other; but here an oppofition between the two
feeds is not admitted.
R e p l y .— An oppofition appears in this cafe between the two
feeds, inafmuch as freedom oppofes bondage.
O bjection.— It would appear that the child Ihould be free, as
well as the child of a Magroor -j-, fince the father, in the prefent cafe,
does not will the bondage of his child.
R e p l y .— The hulband, in the above cafe, certainly wills the
bondage of his child, being previoufly aware of that confequence; for
when, knowing this, he agireed to marry the mother, his confent
thereto is eftablilhed: contrary to the cafe of a Magroor, who, afting
under a deception, cannot be fuppofed to will the bondage of his
child.
A child born
of a free-
woman is
free, under
all circum-
ftances.
T he child of a free woman is free, whether her hulband be a freeman
or a Have, becaufe the mother’ s connexion with it is more intimate
than that of the father, (for the reafon already mentioned,) fo
that a child is a dependant of its mother in freedom, as well as in bondage,
or in any other lefs abfolute defcription of flavery, fuch as Kitd-
la t, and fo forth,— that is, if the mother be an abfolute Have, the
f One acting under a deception.
child
* See Book of Divorce, Chap. X IV .
child is fo likewife, although the father (who is the hulband of the
Have) be fr e e ,— or, if the mother be a Modabbira, the child is born in
that Hate, as a dependant on its mother,— and lb of the reft.— If,
moreover, a man bellow his Am-Walid in marriage upon any perfon,
and Ihe produce a child, fuch child Hands in the predicament of an
Am-Walid\— that is, it becomes free on the death of the owner of the
mother, as well as the mother:— and in the fame manner, if the mother
be a Mokdtiba, the child is a Mokdtib, as being a dependant of the
mother.
C H A P . II.
Of Slaves of whom a Portion or Member is emancipated.
I f a mailer releafe a portion of his Have, (his half, for inftance,) the
Have is in fuch proportion fr ee, and mull work out the remainder of
his value by-Siayei, or emancipatory labour*. This is the dodtrine
of Haneefa.— The two difciples maintain that the Have, in the prefent
inftance, becomes emancipated in toto.—This difference o f opinion is
founded in the different tenets of Haneefa and the two difciples refpedl-
* By Stay it is meant work or labour of any kind. It is a principle in the MuJTulman
law that no perfon can remain partially a Have, but that any circumffance which in its nature
eftablifhes the emancipation of a part, provides for, and neceflarily induces,„the eventual
emancipation of the whole-, and hence the rule that a Have partially emancipated works
out the remainder of his value at an afcertained rate, being in feme meafure in the ftate of
a Mokatib: Siayet is, therefore, rendered emancipatory labour-, and by,the word labour,
throughout this book, emancipatory labour is to be underftood.
A llave par-
tially emancipated
mult
work out the
remainder of
hii freedom.