470 B ook V ,
« K i t :
l i t l i r a t
■ M A N U I I S S I O Î Î ,
ïpefting the completion of the condition of a vow, as the claim of any
perfon (depending upon that) is not eftablifhed until the condition
fhall have taken placet contrary to contracts of Kitdbat, as thole are
contracts of exchange, in which the return is due, whence it is that
the mafter of a Have may be compelled to accept of the return'of K itdbat,
(that-is, of the ranfom.')— The argument of our doctors is that
the mailer’s declaration is a fufpenfion of emancipation in refpect to
his words, and an exchange in refpect to his defign ; for he has fuf-
pened emancipation upon the payment of a fum, folely with a view to
induce the Have to pay it to him, in order that he [the Have] may be
free,, and that he [the mafter) may thence obtain property, as in a
contradt of Kitâbat ;— -and hence it is that where a man lays to his
wife “ you are divorced if you pay me one thoufand Dirms,” thefe
thoufand are the return for divorce,’ and confequently, when thè woman
pays them to him, a divorce irreverfible takes place upon her,
and Ihe becomes completely repudiated.— In Ihort, the mailer’s declaration
is in this cafe a fufpenfion of emancipation with refpedt to his
words, and an exchange with refpedt to his defign ; w'e therefore con-
lider it as a fulpenlion in its commencement, both as this form accords
with practice, and alfo becaufe fuch an interpretation of it guards the
mailer againft an inconvenience, fince, confidering it in the light of a
fufpenfion, it remains in the mailer’s power to difpofe of the Have by
falê or otherwife, until fuch time as the money is paid ; and the fa v e
is not the proprietor of his ownacquifitions, but the mafter ; and his
freedom does not extend to a child born to him before he makes payment
of the money : and we confider it as an exchange in its completion,
(that is, when the Have pays the money,) in order to guard the
Have againft an inconvenience; for when confidered as an exchange in
its completion, the mafter may be compelled to accept of the money
upon the Have offering it to him.— And in the fame manner, i f the
Have Ihould produce and make a tender of a part only of the lum mentioned,
the mafter may be conftrained to accept of it, but the Have is
not free fo long as he does not pay the whole fum, becaufe the
condition
Chap. V . S f A N U M 1’ S S I O K . 4 7 *
condition of emancipation is not fulfilled by the payment of a part only;
and hence, if the mafter were to remit a part» of the fum mentioned,
and the Have to pay the remainder, yet he does not become free, as the
condition is not fulfilled.— If; moreover, the Have pay his mafter the
fum mentioned, which he had acquired previous to the laid fulpenlion,
he is fr ee, as" the condition is in that cafe fulfilled;, but yet the mailer
ftill has a claim upon him for that fum, becaule the money thus given
is already the mailer’ s fright; but if the flavepay his mafter the= faid
fum, having acquired it fubfequent to the fufpenfion, the mafter in
this cafe has no further claim upon him, as he is-empowered, from
his mailer,, to pay him the money out of his acquifitions made fuble-
quent to fulpenlion.:— It is to be oblerved, however,, that as the fufpenfion
is a. Tdakhyeer, or propofal o f option, it is reftricied. to the aft
fembly or company in. which it was fpoken, where, i f the Have pay the
money, he becomes fr ee, but if not, after the riling of the aflembly,
it is of no effect.-— But if the. mafter were to lay to his Have“ when-
“ ever you pay me one thoufand Dirms, you are f r e e ” this fulpenlion
is not reftridted to that particular place or company, the term. “ whenr
“ ever” being general in its application..
I f a man fay to his Have “ you are free, upon my death, for one
“ thoufand Dirms,” and the Have agree after the death of his mafter;
this his confent is approved, becaule the mafter had referred-the dei
claration of freedom to the period immediately fuceeeding his1 death,
and hence it is the lame as if he had faid to his Have “ you are free/o-
.“ morrow for one thoufand Dirms,” — in which cafe the Have’s confent;
declared on the morrow, would be valid, and fo on this occafion like-
wife.-—This, however, is contrary to a cafe where a mafter fays to
his,flave “ you ate ti Meddbbir for a thoufand Dirms ” becaule there
confent:is requifite upon the fpot, as that is a propofal of Dadbeer',
but the fum mentioned is not immediately due, becaufe tHe Moddbbir
remains in bondage in the interim.— The learned have remarked that
the Have to whom his mafter fays “ you are free upon my death, for
Cafe of a propofal
of freedom
for a -
compenfa-
tion referred
to the matter's
death.