fon within lefs than fix months after the declaration, becaufe the term1
“ fla v e" applies to one who is ^fubjeBed Have, and an embryo is not
a fubjeBed flave, as it is a Have merely as a dependancy of the father.
A foetus, moreover, ftands as a member of the mother, and the term
(lave applies to the whole .perfon, and not to a member of it, and hence
it is that the owner of a female flave cannot feparately difpole of the-
foetus or embryo with which fhe may be- pregnant. Our author ob-_
ferves that the ufe of reftriaing the term flaves particularly to thole of.
a male defcription, R that if a man were to fpeak without fuch refine-
tion, faying 1 every one of my flaves is free,” his words would ex-:
tend to his female flaves alfo, and eonfequently to the children with
which they may be pregnant.
I f a perfon fay “ every flave of which I am poffeffed fhall become
“ free to-morrow,"— or, “ every flave o f mine fhall become releafed
“ the day after to-morrow,” — and it fhould happen that, at the time
of this declaration, he is poffeffed of one flave only, and he: m the interim
purchafe another, and the day mentioned arrive,, t e ave o
whom he was poffeflbd at the period, of fpeaking is emancipated, but
not the other whom he had purchafed in the interim, becaufe the above
fentence does not apply to any except the former .
Vow of rna- If a perfon fhould fay SB every flave of whom I am poffeffed, (or,
numiffion re- u every one 0f my flaves) fhall become free at my death,” and it fhould,
dareafe o f t happen that, at the time of fo fpeaking, he is poffeffed of one flave
V0WCr' only, and he afterwards purchafe another,— the fir fl flave is a Modab-
bir, but not the fécond* ; but m the event of the owner’ s death, both
flaves become emancipated from the third of his property. Aboo Toofaj
has delivered an opinion in the Nawddir that the firfl flave is z Modab-
bir, but not the fécond in any refpect t •- and the fame difference of
* T h e difference between the two.is that the former is no- longer transferable by fale
or otherwife, but f la t t e r remains fo transferable until the owner’s deceafe.
f That is to fay,, the fécond Havels neither conftituted a Moddbbir at the time of purr
Aafei hór does he (like a Moiàbbib) become free upon the matter's deceafe.
. a ... 1
opinion fubfifts, where the matter fays “ every flave of mine, when I
“ die, is free.” — The argument o f Aboo Yoofcfvs, that the fentences
here recited relate folely to the time prefent, for which reafon the flave
of whom the matter became poflefled pofterior to his declaration is in
no refpect affected by i t ; wherefore this flave is not emancipated; and
eonfequently the fir fl flave is a Moddbbir, but not thefecond.— The
argument of Hdneefa and Mohammed is that the words here recited are
a declaration o f manumiflion, and alfb a bequefl, (whence it is that the
manumiflion o f a Moddbbir takes place from the third o f the property
of the deceafed;)— now, in bequefl, refpedt is had to two periods,
namely, the aAual time of bequefl, and alfo that which intervenes,
from the date of the bequefl to the teftator’ s deceafe; (whence it is
that in a bequefl the property acquired by the teftator after the date of
the will is alfo included,— and, in the fame manner, any child born after
the date is included in a will in favour of the children of a particular
perfon;)— in fhort, thefe fentences may be confidered in two points
of v iew ; firfl, as a declaration of manumiflion; fecondly, as a be-
queft:— taking them in the fir fl fenfe, they apply to the flave who is
in the perfon’s pofleffion at the time o f fpeaking, who is eonfequently
a Moddbbir, and therefore cannot be lawfully difpofed of by fa le or
otherwife; and taking them in the fecond acceptation, they apply alfb
to the flave fubfequently purchafed, but under the condition that he
be remaining in the proprietor’s poffeffion at the time of his deceafe.—
T h e foundation of this is, that fuppofing the matter had faid, upon his
deathbed, “ everyone of my flaves is free,” if, before his deceafe, he
were to fell one whom he had purchafed fubfequent to fo faying, the
fale is lawful; but it would be otherwife uf he were to fay “ every
one of my flaves is free the day after to-morrow," and afterwards
purchafe a flave, for the flave- does not, on the morrow, become emancipated,
as he is not included in the aforefaid fentence, fince this is not
in any view a bequefl, but merely a fentence o f emancipation.
€ 0 0 j C H A P .