Cafe of a
flave fold with
a referve of
option.
obligation oF Sadka-fittir, with refpe& to the flave, to reft upon the
mailer, and here the rhafter is an injîdèl ; and, according to Shafei,
becaufe he holds the obligation to reft upon the flaVe hitnfelf, to be
difcharged by his mailer ; and the mailer, in the flrefent calé, is incapable
of difcharging it, as being an infidel.
I f a flave be fold with a referve o f option to one of the parties, the
Feller or the purchafer, determinable on the enfuing feitival of F ittir,
in this, cafe the Sadka-fittir, on behalf of that flave, is incumbent upon
the party to whom he may ultimately belong.— Ziffer alledges that
the difcharge o f the Sadka-fittir reils with the party in whofe behalf
referve of option was made a condition, becaufe the authority over that
nV’i is in fa£t veiled in him. Shafei maintains that it reils with him
who has pofleflion in the interim, whom he holds to be the purchafer,
on this ground, that the furniihing Sadka-Jittir is one of the rules of
pojfejjion, the fame as furniihing fubjiflence.— Our doctors argue that
the poffeffion of the flave, in the prefent cafe, is a matter which remains
in fuipence, iince, if he to whom the option was referved
chufe to diflolve the fale, the property in the flave reverts to the
feller ; but, on the other hand, if he confirm the iale, and render it
valid, the flave becomes the property of the purchafer from the period
o f the original engagement; and the pofleflion thus remaining in
fuipence, that which depends upon fuch pofleflion mult remain fuf-
pended alfo: contrary to the cafe of Nifika, which is requifite from
day to day, to fupply the wants of nature, and is confequently incapable
of fuch fuipenfion. And if this flave be an article of traffick,
the fame difference of opinion holds with refpecl to the Zakdt upon
him.
s E C T Mg N.
S E C T 1 O N .
O f the - Me<fure ° f S a d k a - f i t t i r , and o f the Time o f its
Obligation and its Difcharge.
T h e meafure o f a Sadka-fittir in wheat, or flour, or bran, or in
dried fruits, is an half Sda; and in dates or barley it is one Sda. The
two difciples fay that dried fruits ' are the fame as barley in this re-
fpe£t; and there is alfo one tradition of the opinion of Haneefa to the
fame effefit.— T h e former is the doctrine recorded in the Jama Sagheer.
Shafei fays that the meafure of a Sadia fittir , in all the articles here
fpecified, is one Sda; becaufe Aboo Seyid Kadooree remarks that this
was the cuilomary Sadka-Jittir in all articles in the time of the prophet.
— Our doctors fupport what was before advanced on the authority
of the tradition o f Salba Adwee, already repeatedly quoted; and the
dodtrine of the whole of the companions, (fuch as the Kholfa Ra-
Jhidine* and others,) is confonant to that of our doctors; the tradition,
alfo, of Aboo Seyid, cited by Shafei, implies no more than that, in the
time of the prophet, people were accuilomed- to give fomething over
what was obligatory.— The two difciples, alledge (in fupport of their
opinion, that dried fru its are the fame as barley) that Khurma [dried
dates] is one fpecies of dried fruits; and they being confidered the fame
as barley, it follows that all dried fruits, as being of one general de-
fcription, fhould be fubje£t to the fame rule. T h e argument o f Haneefa
is, that dried fruits and barley are o f a correlpondent nature,
becaufe as the poor eat the flour of wheat with its bran, fo do they
dried fruit with its core or Hone: contrary to dates, which are the
fame as barley, in as much as the flbnes of the one and the bran of
the other are thrown away.— Barley meal is the fame as barley; but
it is befl that, in difcharging the Sadka-fittir in the flour or bran of
either barley or wheat, attention be paid to the value; that is to fay,
if, for inflance, the-Value of half a Sda of flour be equal to that of the
* Th e immediate fuccefiors of the prophet,
K 2 fame
Proportion of
Sadka-Jittir,
and the articles
in
which it may
bedifcharged*