M i N U M I S S I O N. B ook V .
R e p l y .— The Am-Walid is ejiimable property in the faith of her
mafter, who is a Zimmee,' and we are enjoined to leave thofe to their
own faith, and to add refpecting them according to it.
— I t is to be obferved that if the mafter ftiould die before the Am-
Walid completes her mancipatory labour, Ihe becomes free without the
performance of it, becaufe fuch is the rule refpedting Am-Walids : and
i f Ihe ftiould become incapable of performing emancipatory labour
du ring her mailer’ s life, yet {he does not return into the ftate of an
abfolute flave \ for if this were the cafe, it would follow that ftie again
ftands in the predicament of a Mokdtib, as the reafon for her fo doing
(namely, her IJl&rn) ftill fubfifts.
obtains poL*1 a marl man7 the female Have of another, and ftie bring fortji
ftffion, as a a child to him, and he afterwards obtain pofleffion o f her as a /lave.
Have, of a . . 1 j ’
wife who has me forthwith becomes an Am-JValid to him.— Shafe'i fays that {he does
dreMohlin, not becom t Am-Walid to him.— If, on the other hand, a man become
sir becomes poflefled of a female flave— and make her an Am-Walid, and ftie after-
wards appear to be the right of another perfon, and the aforefaid man
again obtain pofleffion of her, ftie becomes his Am-Walid, according
to our doctors:— but Shafe'i has two opinions upon the fubject. In
this cafe the child born of the flave is a Walid Magroor*, and is
therefore emancipated in return for his value, paid by the father to the
perfon whole property ftie was difcovered to be after he firft became
poflefled of her.—The argument of Shafe'i is that the Have had conceived
the child at a time when ftie was the property of her mafter,
and therefore cannot be the Am-Walid o f the perfon aforefaid, (in
the lame manner as where a female Have becomes pregnant from
fornication, and afterwards becomes the property of the fornicator,
in which cafe ftie is not Am-Walid to him,)— upon this principle, that
a Have cannot become Am-Walid, except where ftie brings forth a
* Literally, a child o f a deceived perfon-, for the father begat the child, whilft under a
deception with refpebt to his right in the mother.
C h a p . VII. M A N U M I S S I O N . 485
child who was free from the inftant of conception, for the child is
then a part of the mother, and a part cannot be oppofed to the whole.
T h e argument of our doctors is that the caufe of the Have’s becoming
Am-Walid is Jazeeydt, (or participation o f blood/) as has been mentioned
in treating of marriage: now participation-of blood is eftablilhed
between the copulating parties, from the circumftance of the child’s
deriving exiftence, in toto, from each r effectively; and as (in the cafe in
queftion) the child’s parentage is eftablilhed, a participation of blood
is eftablilhed between the parties through the medium of the child:—
contrary to a cafe of whoredom, as there the child’s parentage is not
eftablilhed in the fornicator.
O b j e c t io n .— From this it would appear that, upon a fornicator
becoming poflefled of his baftard, as a Have, the baftard is not free,
whereas a baftard is free in fuch a cafe.
R e p l y .— The emancipation o f the baftard, in this cafe, is on account
o f his partaking of the blood of the fornicator, a certiort, without
any medium; but no participation of blood can fubfift between a fornicator
and fornicatrefs, except through the medium of their baftard;
and he is not of eftablilhed parentage.— Correfpondent to this is the
cafe o f a man purchafing, as a flave, his brother, the baftard of his fa ther,
for then the baftard brother does not becomeyfee, becaufe the
affinity of the baftard with the purchafer has no exiftence but through
the medium of the father, and the parentage is not eftablilhed in the
father.
I f a man have carnal connexion with the bondmaid of his fon, and
ftie produce a child to him, and he claim it, the parentage o f the child is
eftablilhed in him, and the mother becomes an Am-Walid to him, and
he remains relponfible to his Ton [her owner] for thé amount of her
eftimated value:— but he will not have to account with him, either
for her A k ir * , or for the value of the child which is born of her. This
cafe, with the arguments upon it, are recited at large under the head
* Th e portion due to a woman (in the manner of a dower) in a cafe of erroneous con-
nexion.
A man
havinga child
by the flave
of his fon
makes her his
Am-Walid,
and he muft
indemnify the
fon for her
value.