_ui____A____ ________
i£§i
the capital flock entrufled to him as amounts to a N ifdb; in which
cafe a proportionable Zakdt mull be levied, as he is the actual proprietor
of fuch proportion.
M a z o o n flave
fubje& to it.
m tip
ill«
unlefs accompanied
by
their owners.
1 1
If a Mazoon flave, not indebted to any perfon, comp before the
colleftor with two hundred Dirms, the Zakdt mull be levied.— Aboo
Toofaf fays, that it is not known whether Haneefa ever retraCled this
Opinion, and delivered another (that the collector fhould not levy
Zakdt upon a Mazoon) or n o t; but from his fubfcribing to the
opinion of the two difciples in the preceding cafe, (to wit, that no
Zakdt is to be levied upon a Mosdrib,') it may be prefumed that he
has alfo agreed that none-, is to be levied upon a. Mazoon, a flhe is not
the proprietor, but his Majler, the former having only a power of
tranfaCtion, with refpeCt to the property in queflion, fo-that he Hands
in the fame predicament with a Mozdrib.— Some have faid, that between
a Mazoon and a Mozdrib there is this difference, that the
former tranfaCts with the property on his own account, and hence is
fubjeCt to its obligations; for, as he cannot have recourfe t© his mailer,
but may be fold, in order to the fulfilment of fuch of its obligations
as he is legally liable to, it follows that he does Hand in need of protection
for it upon his own account: contrary to a Mozdrib, for he manages
the Mozaribat flock in the manner of an agent, and hence whatever
may attach to him in the obligations thereof he 'takd|fagain from
the proprietor, wherefore the owner of the property is the perfon who
requires protection for it : and there thus appearing an effential difference
between a Mazoon and a Mozdrib, no inference can. be drawn
of Haneefa's opinion refpeCting the former, from what he has conceded
concerning the latter.— It is to be obferved that if the mailer
o f the Mazoon accompany him, the collector mull take the Zakdt (not
from the Mazoon, but) from the tnajier, he being the aCtual proprietor;
the Zakdt, therefore, is to be taken from him, except where it appears
that the flave is indebted to. fuch an amount as comprehends the
property in queflion; in which cafe no Zakdt whatever can be re-
4 quired
m '
quired of the mailer, fince (according to Haneefa) the mailer, in this
circumflance, has, in faCl, no adual property in the Mazoon s hands
and (according to the two difciples) the right of another is conneCled
with the property, namely, the debt,— and consequently no Zakdt is
due upon it, they holding that debt upon a property forbids- the exaction
of Zakdt.
If a merchant, being in a country where the Schifmaticks prevail,
vo to a collector of th^.Schifmaticks, and there pay the Zakdt upon his
property, and' afterwards come before a collector of the Orthodox, the
latter may again exaCt Zakdt of him, becaufe, in going before a
collector of the Schifmaticks, and there paying Zakdt, he was in
fault.
C H A P. V .
O f Mines and buried Treafures.
T h e r e are three legal terms which particularly belong to thefe Dfftinaions.
fubjeCts, and which are employed for the ufe of diflinction; Mddin,
Kanz, and Rikaz :v by Mddin is underflood the place in which the are
or metal is naturally produced ; by Kanz, treafure, or other property,
buried in the ground * ; and Rikaz applies equally to either, to Mddin
literally, and to Kanz metaphorically.
I f there be difcovered, in Kherajee or Ajhooree lands,- (that is, Minesfubje*
lands fubjeCt to tithe or tribute,) amine of gold, filver, iron, lead, or
* This is a. common,praflice in all parts of Afta. Treafures are.hidden in the ground
on the Commencement of a war, or other troubles; and it frequently happens that, the de-
pofitors p'eriihing, the treafure remains concealed, perhaps, for many years, till it be discovered
by accident, and at a time when no legal claimant can he found.
copper