M A N U M' I S S I O N. B ook V.
pended upon the death of the mailer, when or howfoever that may
happen ; and death is inevitable.— If, however, the mailer ihould die
in the manner, or within the time, defcribed by him in his declaiation,
t-he Modabbir becomes free, in the fame manner as an unrejlricled Modabbir,
(that is, -from the third of the mailer’ s property,) becaufe in
this cafe the effe£t o f the Tadbeer in qüeition is eilabliihed upon the
lail moment of the mailer’ s exiilence, iince the manner is then certified
; whence it is that the Modabbir s freedom is confidered as proceeding
from the third of the mailer s property. Le t it be remarked
that it is a form of reilritled T’adbeer for a mailer to fay to his ilave “ if
“ I die within oneyear,” — or, “ within twenty years, you are free,
as his death within fuch a time is dubious:— contrary to where a man
lays to his ilave t6 if I die within one hundred years, &c. he being of
fuch an age as affords no probability of his living to that period, for
then the ilave becomes an unrejlricled Moddbbir, becauie his deceafe
within fuch a time is inevitable, and does not admit of doubt, being
the fame as if he had mentioned his death in general terms, without
any reilrifltion to the time or manner of it.
C H A P . VII.
Of Ißeeldd, or Claim e f Offspring.
Definition of
-£ke term.
I steelad fignifies a man having a child born to him of a female ilave,
which he claims or acknowledges as of his own begetting; and the
mother o f fuch a child, is termed an Am-JVdid.
I f
C hap. VII. M A N U M I S S I O M. 4/9
If a female ilave bring forth a child begotten by her mailer or A female _
owner, ihe becomes forthwith an Am-Walid?6; and it is afterwards un- a child"m her
lawful for her mailer to fell, or in any other manner to transfer or dif-
pofe of her, becaufe the prophet has faid, with refpedl to an Am- WaIid< wh°
JValid, “ her child hath Jet her f r e e — and the prophet having thus fold, and is
ordained her freedom, one of its effedls, namely, the illegality of dif-
pofal by fale or otherwife, undoubtedly becomes eilabliihed;— and
alfo, becaufe a participation of blood has arifen between the Am-Walid
and her mailer through means of their child, (according to what has
been obferved upon that fubject in the book of Marriage, treating of
illegality by affinity!) and, although this virtual participation of blood,
as not being a caufe of a very cogent or forcible nature, does not occa-
iion the effedt until after the mailer’ s death, yet the right of claim -
founded upon it is eilabliihed on the infant, and hence it is unlawful
for the mailer to fe ll her, or in ihort to put her out of his-own poflef-
iion in any mode but by emancipation.
If one o f two partners in a female ilave make her an Am-Walid,
ihe becomes his Am-Walid' in folo, becaufe claim o f offspring does not
admit of divifion, as that is a branch of parentage, and as parentage is
indiviiible, fo likewife. is every branch of it.
I t is lawful for a mailer to require fervice of his Am-Walid, or to but hér maft'
hire her out to work, or to contrail her in marriage, becaufe an ter o * ^ require fer-
Am-Walid is the property of her owner, in the fame manner as a Mo- vice other.
d&bbir..
T he parentage of a ehild born of a female ilave is not eilabliihed.
until the mailer ihall have acknowledged and claimed, it.— Shafei alleges
that the parentage of the child is eilabliihed in the mailer, although
he ihould not claim it;, becaufe,, as the parentage o f a child,
born in marriage, is eilabliihed in virtue; of the contrail of marriage,.
although the huiband lay no claim to it, it follows that the parentage
The parentage
of a child
born of a female
Have is
not eltablifh-
ed but by the
matter's *
claim.
* cinglkey—mother o f a child, '
pf