from the intention of his owner that he Jhould become fr e e upon his de-
ceafe, which could not be, if, after being made a Moddbbir, he were
transferred to another matter.— Labour is made due from the Am-
JValidof a Chrifiian (upon her embracing the faith) with a view to the
removal of injury from both; and labour ftands as the fulfilment of
Kitdbat, the obligation of which does not depend upon valuation in the
fubjeitt of it, as it is due in return for that which is not property,
namely, freedom.
C H A P . III.
Of the Emancipation of One of feveral Slaves.
Cafeofeman- O f three flaves, i f two come into the prefence of their matter, he
h m h | being foie owner of the three, and the matter fay to thofe two “ one
flaves unde, ct 0f y 0Vl \$free," and one of thefe flaves Ihould after that depart from
his matter’s prefence, and the third come in, who had before been
abfent, and the matter Ihould again repeat his words,-faying “ one of
“ you is fr e e ," and the matter Ihould afterwards happen to die, without
explaining which of his flaves he meant to be emancipated by the
foregoing fentences,— in this cafe, the Have who was twice addrefled,
as above, becomes emancipated in three fourths, and each of the others
in one half, according to Haneefa and Aboo Yoofafi— Imdm Mohammed
coincides in this doftrine, as far as refpefts the two flaves who were
prefent at the firft declaration; but maintains that the third flave is
emancipated in one fourth only.— The argument, with refpedt to the
two flaves firft addrefled is, that the'firft addrefs of the matter equally
relates
relates to both of them, fo as to occafion the emancipation of each in
one half, which accordingly takes place in confequence of that addrefs;
and again, of him who remains in the matter’s prefence a
fourth becomes emancipated, by virtue of his ^««^declaration, as this
declaration is divided equally between the two to whom it is fpoken
but this flave is already entitled to freedom in one half in confequence
of the f i r f declaration, and the other half remains unliberated, and he
claims the emancipation of one h a f in confequence of the fecond address
; but this claim with refpecl to the h a f extends to both halves
of the flave, and therefore the portion of it which reaches the f i r f half
goes for nothing,— but the portion which reaches the other half (unoccupied
by emancipation) ftill remains, fo that another fourth is liberated
in confequence of the matter’ s fecond declaration; and thus
three fourths are libe ratedm oreo ve r, i f the matter, in his fecond
addrefs, intended it to apply to the flave who continued in his prefence,
and not to the other, who afterwards comes before him, the other half
o f that flave would ftand emancipated; but if the matter intended it to
apply to the other flave, who laft came before him, the other half of
the fiationary flave (who continued in his prefence) would not be
emancipated; the half of emancipation is therefore divided: con-
fequently, one fourth of him becomes emancipated, in virtue of the
fecond addrefs; and as an h a lf has been already emancipated, in confequence
of the fir fi addrefs, it follows that three fourths are emancipated
in a ll: and o f the flave comprehended in the fecond addrefs
one h a lf only is emancipated. Mohammed fays (with refpeft to the
fir fi flave) that the fecond addrefs affefts equally, and is, in its confequence,
divided between him and the fiationary flave; and as the latter
Is emancipated by it in one fourth only, it follows that the third Have is
fo likewife. But the two Elders lay that as the fecond addrefs comprehends
both flaves, and confequently requires that it be equally divided
between them, it follows that the half o f each Ihould thence become
emancipated: but a fourth of the flationary Have remains unliberated,
becaufe he is already entitled to freedom with refpedt to one h a lf in
V o l . I. N n n virtue