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I I» :
/: 1
t i be (old, hot given away, hot inherited) hut are to he emancipated
cc from the third f the majler s p ro p erty— s e c o n d l y , Tadbeer is the
occafion of freedom to the Moddbbir, as he is free upon his mafter’s '
deceafe; and Tadbeer is the foie reafon for his being fo.— It is to be
obferved that, although Tadbeer be a fufpenfion of manumiffion upon
the mafter’ s death, yet its efficiency for producing- the freedom of the
Modabbir is eftabliffied upon the inftant, and it is not to be confidered
as becoming the caufe thereof (fter the majlers deceafe, fince confti-
tuting it a caufe upon the inftant is preferable, as Tadbeer now exifts. -
whereas after the death o f the mafter it is nonexistent, becaufe Tad-
beer is merely a fpeech, and a fpeech is a declaration, and that is not o f
a permanent nature, (according to what appears in the Elm-al-Ka- -
(dm*-,)— and alfo, becaufe its efficiency cannot poffibly be poftponed
to a. time fublequcut to the mafter’s- deceafe, fince the maftsr’s competency
is then no more. This is evidently contrary to fufpenfions of
any other nature, for in thefe the obftacle to the efficiency exifts
before the condition takes place, as fufpenfion is a Yameen; (and Y d -
meen oppofes the exiftence Of the condition, fince the defign of Yameen is
to prevent that-j-, and of courfe to prevent its confequence, and this it is
which oppofes the taking place of a fufpended divorce ox emancipation;)
and the poftponement of the efficiency to,a time pofterior to the exiftence
of the condition is in fuch inftances poffible, as the competency
o f the afting party ftill remains, Thua, between Tadbeer and, other
modes of fufpenfion there is an evident difference. Moreover, Tadbeer
is a bequeft, and bequeft conveys a right to eventual poffeffion, on the
inftant, in the fame manner as inheritance; and as it appears that Tadbeer
is an injl.antly eflablijhed caufe of eventual freedom to the Moddbbir,
and the abolition of a caufe is illegal, it follows that the fale or g ift is
illegal, as theft would induce an abolition of the caufe.
* A treatife on rhetoric, To called.
•fc Vide definition o f Yameen, Book V I . Chap-1*
I4l1l1ii lJ l-l1f iii SiS*■
I t is lawful for a mafter to require any fervice of his Modabbir,
and alfo to hire "him ; and if the Moddbbir be a female it is lawful for
him to eohabit with her, or to' contract her in marriage to any per-
fbn, becaufe the property o f a mafter in his male or female Moddbbir
remains unfhaken, and on this account all the faid afts are lawful to
him; nor is there any thing to prohibit or prevent him from the exer-
cife of thofe afts, fo long as his property continues.
A M o d a b b i r , on the deceafe o f his mafter, is made free, from
the third of his property, becaufe of the tradition before quoted ; and
alfo, becaufe Tadbeer is a fpecies o f bequeft, as being a gratuitous aft,
referred to a time pofferior to death.— And i f he [the mafter] be pof-
fefled of no other property than this Moddbbir, he [the Modabbir\
muft perform emancipatory labour to his mafter’s heirs for two thirds
of his eftimated1- value, provided the mafter be not involved in debt:
but, if he die infolvent, the Moddbbir muft in that cafe perform fuch
labour for his whole value, becaufe the difcharge o f debts precedes the
payment of bequefts; and, as’the emancipation of the Moddbbir cannot
be annulled, his value is to be received in this mode.
T h a t the child born of a female Moddbbir becomes a Modabbir,
is allowed by all the companions.
If a man conftitute his Have a Moddbbir, by areftriBed fcedbeer,
by faying to him “ i f I die of this difeafe, you are free,” — or i f 1
“ ftiould die upon this journey, &c.”— or “ o f fuch a difeafe,”— or
“ upon fu ch a j o u r n e y fuch Have becomes a Moddbbir Mokdyed, or
refribled Moddbbir, whom it ftill continues lawful to difpofe of by
fale or otherwife, becaufe a reftrifted Tadbeer has no inftant operation
in eftabliffiing the.freedom,of the Have, on account of the uncertainty
and fufpenfe refpefting the manner or time to which the Tadbeer is reT
ftrifted:— contrary to an unrejlribled Modabbir, as his freedom is fuf-
3 pended
Power o f a
mafter over
his M o d a b b i r *
The M o d a b b i r
becomes f r e e
upon his mafter’
s deceafe.
A child Boro
o f a M o d a b -
b i r a is a M o * %
d a b b i n . ' '
A r e f i r i a e d
M o d a b b i r m & y
be / o l d , or
otherwife
transferred.