virtue of thé matter’s firft declaration, (as already Hated;) M B
third flave had, as yet, obtained no fueh right, and o f courfo becomes,
releafed in one half.— Obferve, that if thé rmftêr Ihould emancipate
his flaves- in the manner here recited, upon his deathbed, and die pof-
fefled of no other offerfs. excepting thofe three flaves, then one third d
the three is to be diftributed among them, agreeable to the principles,
already laid d ownt h a t is, the whole number of kits (or equal^ portions
of manumijfion) is to be added together; and this (according to
the decifion of Haneefa and Abac Yoofaf) amounts to /even, bècaufe
the bondao-e of each flave muft be divided into four portions, on ac-
eount of the three fourths, (it having been faid that the ftationary flave
{lands emancipated in three fourths, and each of the others in. two
fourths;) hence the whole amounts-to feVöï Ms, Of equal portions |
iiow manumiffion granted upon a deathbed iS a lpecies of bequeft, and
bequeft holds good only to the amount of one third of the property of
the te f ta to rh e n c e - it is neceflary, in the prefent inftance, that the
portions of the heirs Ihould be computed at twice the amount of the
portions of manumijfionthe bondage of each flave, therefore, is divided
into /even portions, and confcqucntly the whole property makes
twenty-oneportions; hfeiice the ftaMnaryffotie. remains emancipated in
three portions Out o f feven, and for the tomaining four he muft perform
labour to the heirs;— and of each of the others two fevenths is emancipated,
and each muft perform labour for the ’fiv e remaining fevenths..
Upon due examination it will appear that by ttós computation one third
will go to \hs flaves, and two thirds to thefe/w, without injury to the
effential rights of either.— But i f this Computation be made according
to the deciflon-of Im&tn Mohammed, the 'bondage of each flave muft be
divided into f i x equal portions; becaufe (according to him) there ife re-
leafed, in the thirdflave, only one portion, namely, a fourth, which,
with two fourths releafed o f one, and three four fh s'of another, makes iti
all ftx fourths-, and thefe multiplied by three (the number of flaves)
fiv e eighteen equal parts, fix of which remain emancipated ; thus—
Of the ftationary'ff ave three portions become releafed, and he muft^
g perform ’
perform labour for the remaining three ;— of him who had flood along
with him, during the mrfter’ s firft addrefs, two portions are releafed,
and he muft perform labour for the remaining four portions;— and of
the third flave one portion is liberated, and he muft perform labour for
the remainingyfw portions.
I f a mafter Ihould fay to his two flaves “ one of you is free,” and Cafe of
he afterwards fe ll one of thofe two, or if one of them die, or the maf-
ter conftitute one of them a Moddbbir, the remaining flave then he- ^aYes “"ft“ '-
. . . Jiea.
comes fr e e ;— and if the mafter ftiould explain, faying ‘ ‘ my intention
“ regarded the other,” ftill his declaration is not to be credited, be-
caufe, as a declaration of manumiffion is ntanumiffwn in one lhape, it is
axondition [of credibility] that the objqdt of fpeh declaration be, at
the time of making it, a proper fubjedt of manumiffion in every re-
fpedt;— now the flave who is fold remains no longer a fubjedt: o f ma-
liumiffipn to the feller-, and he who dies does not remain a fubjedt of
manumiffion in.(my lhape; neither is a Modabbir a fubjedt o f complete
manumiflio.rj, as he is . conftituted a claimant to that privilege on the
event of his mailer’ s-death ;•*—the remaing, Have is,therefore to be con-
fidered as,{he perfon upon whom the mailer’s declaration takqs effect.:
moreover, from his felling one pf the flaves, it is .apparent that the
foie intention of .themaftpr, with refpedt to hm, vfzsphe acquifition o f
profit,—-or, from his cpnftitu.ting.qne of them a Modabbir, it is eyident
that his foie intention, with refpedt to him, js .that hefhallremain in his
poffejfton, .to enjoy the, u fe o f him, until fis death-, and as either of thefe
circumftances.is repugnant to manumiffion, (to the granting of which the
■ mafter has bound himfelf by his declaration,) it is to be conlidered as
applying to the remaining Have by conftrudtion.— And in the. fame
manner, i f a mafter Ihould fay to two,of his female flaves “ one of
“ you is fr e e ,” and he afterwards make one of them an Am-Walid,
then the other female flave becomes emancipated, for the- reafons
above Hated.— It is to be obferved that what is now advanced— “ and
•“ Ihould afterwards fe ll one of thefe two,” — is general-, that is to lay,
N n n 2 a valid
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