but may be
reclaimed by
the owner on
beingbrought
back.
Cafe o f a Have
abiconding.
with property*
A Mujfulman
Have, pur-
chafed by an
infidel, becomes
free
upon entering
an infidel
territory,
the camel fhould become pofleffed of his own perfon upon quitting the
Muffulman territory: contrary to the cafe of a flave, according: to'
what was: before hated.— If, alfo, a perfon were to purchafe the camel,
and bring it back- into the Muffulman territory, the original proprietor
is entitled to take it upon paying that perfon the price for which he
had purchafod it.,
* fhe Uave of a Muffulman ahfcond into the infidel territory, car-
rymg with him a horfe, or other effects; and th* infidels feize the
whole, and a perfon afterwards purchafe the whole, and bring them
back into the Muffulman territoiy, the former proprietor is at liberty
to take His Have- without any return, and to take the horfe or effe&s'
upon paying the price for which they had been purchafed;_This is
the dodrrine o i Haneefa.—-The two difciples affert that the former
proprietor is at liberty to take, in retutn for the price, the Have, together
with the accompanying;property.— This difference o f opinion
antes from Haneefa holding that the infidels1 do not in this cafe become
proprietors o f the Have, in the fame manner as where the flave ab-
•ffconds alone into the infidel territory, (that i^ without carrying any
thing along with him,) ih which cafe the infidels do not become his.
proprietors, as has been already explained ;— whereas the two dif-
Cifdes hold that they become proprietors ih this cafe, in the fame manner
as where the flave •abfeonds- into the infidel territory without car-
rying any thingalbug with him; as was before ftated.
I an infitlcI aIicn co«ie under protection into the Muffutman territory
, and there purchafe a flave Who is a Muffulman, and carry him
into the infidel territory, the flave becomes free, according to Ha-
neefa.— T h e two difciples fay that he does not become free, becaufe
the-right of the former owner has been deffroyed by the fale,. and the
flave has become the property of the infidels, and the power of con-
troul over the flave no longer remains to the former proprietor; the ■
flave, therefore, continues in bondage with the infidel— The argument
ment of Haneefa is that it is incumbent to releafe a Muffulman from
the degradation of fubjeCtion to an infidel-, wherefore reparation of
country, which is the condition of the deftruCtion of proprietorfhip, is
made the fubftitute of manwmiffion, which is a caufe of the deftruCtion
of proprietorfhip, for the purpofe of releafing a Muffulman, in the
fame manner as the Japfe ,of three menftruations is a fubftitute for reparation,
in a cafe where a hufband or wife embraces the faith in a
fo reign country.
I f thé flave of an infidel alien become a \ T hJ J u ! ih ü h , and then pafs Theflkve^pt
into the Muffulman territory, or the Muffultnans conquer the infidel upo"^-’
territory, fuch Have is free; and in the fame.manner, jf-the-flave of
an infidel alien embrace the faith, and defert to the Muffulman camp, a dék
he is fre e ;— becaufe of what is recorded, that certain lkvcs pf the toWo,n-
people of T a y e e f , having embraced the faith, came over to the
prophet, and he announced their freedom, faying “ tèofie are the
“ freedmen o f G od f ”— and alfo, becaufe the flave in queftion, where
he takes refuge within the Muffulman territory, has placed, his perfon-
in protection, in virtue of his coming there againfthis ownerls-will ; _
or, where the Muffulmans conquer the infidel, territory, has placed
his perfon in protection, by joining the Muffulmans■ ; fince his poffef-
fion of his own perfon is to be regarded preferably to the poffeffion
obtained over him by the Muffulmans, as the former took place p re v ious
to the latter, he being at his own difpofaL; and he has no occafion
to take formal poffeffion of his own perfon,— nay,, he requires no
more than that his poffeffion over his own perfon fhould be more fully
confirmed, fince that poffeffion. is unconfirmed, on, account’ of the.
appearance of the mafter’s r ig h tc o n t r a r y .tp others, as they are:
defirous, of eftablifhing a poffeffion over him ah initio-,—-his poffeffion
of his awn perfon, therefore, is to be regarded in preference.