Another cafe
of the fame
nature.
If a man fay to another “ emancipate your female Have on my be-
H h a lf for a return of one thoufand Dirms, provided you marry her
“ to me,” and the mafter comply, and the woman, after emancipation,
object to the marriage, in this cafe the thoufand Dirms is divided
into two parts, the value o f the flave, and her proper dower, and
that portion which appears to agree with her eflimated value mu ft be
paid by the propofer to the emancipator, but that which anfwers to
the proper dower is not due.— The reafon of this is that the man s
laying ce emancipate her on m y b eh a ff amounts to a purchefe of her,
as much as i f he had faid to the mafter “ fe ll your female flave into
“ my hands firft, and then emancipate her, on my behalf, and marry
“ her to me,”— and fuch being the cafe, he oppofes the thoufand
Dirms to two things,—flr fl, to the woman’ s perfon as a flave, on account
of the purchale; and, fecondly, to her perfon as a wife, on account
o f marriage * . T h e thoufand Dirms is therefore allotted between
both; and there is. due from the man the confideration for that which
is delivered into his hands, namely, her perfon as a fla v e ; and the
confideration for that which was his objccl, (namely, her perfon as a
w ife,) is remitted.— I f the flave fhould not objeB to the marriage, but
confent to it, the law in this cafe is. not mentioned by Mohammed: but
yet here it is a rule that,, whatever the confideration for the value o f the
flave may be, it is remitted in the former inftance, (namely, where the
propofer does not ufe the expreflion “ on my behalf;” ) but, in the
fecond inftance, (where this expreflion is introduced,) the proportion
allotted t for her value goes to her owner : and the proportion allotted
for her proper, dower goes to the flave in both inftances.
* Arab,-’- “ T o the woman’s neck on account o f purchaje-, and to her Booza \_genitale
“ mu Her is] on account o f marriage The tranflator adopts the above made of expreflfony
as being lefs uncouth.
\ Out.of the thoufand Dims*- ..
C H A P .
C H A P . VI.
Of 'Tadbeer, or flofl obit ManumiJJtott.
T adbeer, in its primitive fenfe, fignifies looking forw ard to the Definition of
event o f a buflnefs:— in the language of the l aw , it means a declaration tern*!
of a freedom to be eftablilhed after the mafter’s death.
I f a man fhould fay to his flave “ when I die, be free,”— or Form of 7W.
“ you are free upon my deceafe,”— or “ you are a Moddbbir,"— or leer'
“ I have rendered you a Moddbbir,"— in all thefe cafes the flave becomes
a Moddbbir, becaufe all thefe modes of addrefs exprefsly fiemify
Tadbeer.
I t is, unlawful to difpofo of, or to transfer, a Moddbbir, either by
fale or g ift: in fhort, it is not lawful for the proprietor to put him out
of his own pofleffion in any fhape whatever, except by manumiflion,
as is the rule refpefting Mokdtibs. — S htfei maintains that the fale and
gift of a Moddbbir are both lawful, becaufe Tadbeer is merely a fuf-
penfion o f the freedom o f a flave upon a particular condition, (namely,
the mafter’ s death,) whence no obftacle can arife to the g ift or the
fale, as is the rule in all other cafes o f fufpenfion upon a condition,
(which rule, moreover, holds with refpedt to a reflridled Tadbeer * ;)
and alfo, becaufe Tadbeer is a fpecies of bequeft; and bequeft is not
preventive of g ift or fale.— T h e arguments of our doctors are twofold;—
f i r s t , the words of the prophet, “ MoDABBiRsyW/ neither
* That is, when a man fays to his /lave « you are free, i f I die within fuch a time.”
P p P a “ be
i l I
A Moddbbir
cannot be
transpired.