18,6
with reJpeél
to property
recovered in
the way o f
traffic.
Cafes o f the.
flaves o f ,v
MuffiiJmans
I N S T I T U T E S . Book IX.
plll'cJiafe P-r°pcrty which had been plundered from the
MuJJulmans, and bring it into the Mujfulmm territory, in this cafe the
former proprietor has it in bis choice either to take the property from
the merchant, paying to him the price for which he had purchafed it
or to leave i t ; but he is mot at liberty to take the property from the
merchant without a return, as this would be injurious to him, fince
he obtained poffeffion o f it by paying the value. The rule here laid
down is therefore an aft o f tendernefs to both. If, moreover, the merchant
had purchafed the property by paying other property for it, the
former proprietor is at liberty to take it upon paying the value of fuch
property . and if the infidels have made a g ift of the property to the
merchant, the former proprietor is at liberty to take it upon paying-
the vatu,, becaufe, as the merchant had become pofTeffed of it by an
exclufive right, fuch right cannot be deftroyed but in return for the
value.—What is here advanced proceeds upon a fuppofition of the pro-
a <lueftlon bemg a thing of a nature not compenfable by its like.
Where, on the other hand, it is compenfable by its like, i f it be brought
mto the Mujfulman territory as plunder, the former proprietor is at°li-
berty to reclaim it at anytime before the diftribution; but he is not at
liberty to reclaim it in return for its like after the diftribution, fince
m taking it in return for its like there is no advantage. In the fame manner,
alfo, if the infidels fhould have prefented it as a g ift to the merchant,
the former proprietor is not at liberty to reclaim it in return
for its like, fince in this there is no advantage; and fo alfo, there is
no advantage, where the merchant had purchafed it in return for its
1 ® (lu, anthy ° r quality. If, however, the merchant have
purchafed it for Ufis than its quantity, or in return for fomethinv 0f a
d ferm t kind, or for an article of the fame kind, hut in a ffate of
decay, mother o f thefe cafes the former proprietor is at liberty to reln
return for the like o f whatever the merchant had purchafed
Ip the infidels fhould make captive and carry off into their own
country the flave of a Mujfulman, and any perfon were afterwards to
7 porch afe
G h a f . V. I N S T I T U T E S .
purchafe and bring him back into the Muffultnati territory, and any
. one were after that to put out the flave’s' eyes, and this perfon ekaft
the fine,-—the former proprietor is at Kberty to reclaim the flave in return
for the price for which this perfon had purchafed him of the Infidels:
but he mud not deduct any thing on account of theuyter; becaufe
the eye-fight is a natural quality, or fittife, and thefenfes are not
eftimable at any price;— neither is he.at liberty to take from this perfon
the amount of th& fine on account of the eyes, becaufe the flave,
at the. time of putting out his eyes, was the lawful property of
the perfon in qneftion, whence he took the fine, as being the proprietor.
If the infidels take and carry off the flave of a Muffulman into their
■ own territories, and a perfon there, purchafing him for one tholifand.
dirms, bring him back into the Mujfulman territory, and the infidels
again take him and carry him off into the infidel territory, and another
perfon fhould then, in the fame manner, purchafe him for one thou-
fand dirtns,. and bring him back into the Mujfulman territory,— in this1
cafe the former proprietor cannot demand the flave of the fécond pur-
chafer; becaufe, when taken and carried off a fécond time, he was not
his property : but the firfi purchafer may demand the flave o f the
fécond purchafer for the price at which he had bought him- o f the infidels,
becaufe the flave, when taken the fécond time, Was his property;
and then, if the former proprietor chufe, he may take the
flave of the firft purchafer oii paying him two thoufand dirtns, becaufe
the flave has fallen to the latter at that fum; the original proprietor
may therefore, if he pleafe, take him for two thoufand dirms.—
It is a rule that thte original proprietor is not empowered to take.the
flave of Ûi&Jèeottd purchafer, where the fir fi happens to be abfent, in
like manner as he; is not empowered to take him- o f the fecoiid purchafer
where the firft purchafer is prefent.