Diftin&ion
between a
fugitive flave
and a frayed
flave.
It is laudable
to apprehend
a fugitive
Üave*
H E D J r A.
B O O K XII.
Of I B B A K , or the Abfconding of SLAVES .
A N abfconded male or female Have is termed Abik, or,fugitive',
but an infant Have, who wanders away in confequence of want
of underftanding, is termed Z a l, or ftrayed, and not fugitive.
T he apprehending o f a fugitive flave is laudable with refpedt to
thofe who are enabled to apprehend him, becaufe this gives life to
the owner’ s right, finoe a fugitive flave is the fame as one who is
dead with refpeft to his owner. With refpedf to Jlrayed flaves,
fome fay that the taking of them is alfo laudable; but others, on the
contrary, maintain that it is laudable to let them go, finceit is molt
probable that fuch a one will not wander fa r , and confequently, that
the owner will recover him*.
* Without being fubjected to the expence o f a Joal, or reward, for the recovery of
him.
T h e
T he perfcn, vt;ho feizes an abfconded flave mull bring him before
the S u lta n *f he mot being of himfi,If equal to the charge of him:
contrary to the cafe o f a trove, which any perfon is equal to the care
oft ' And upon this < perfon delivering the flave to the Sultan, he [the
Sultun\ mull imprifon! him :— but .if a perfon deliver a frayed flave to
tht Sultan, he mull not imprifon him.;— becaufe no.confidence can be
placed in a fugitive flave, as it is to be apprehended that he may again
abfeond fl contrary to one who is only frayed.
I f a perfon, having feized and brought a fugitive-flave. from the
diftance of three days journey, or upwards, deliver him to'his mailer,
it iis incumbent upon the mailer to pay that-perfon the Jodi, or reward,
which is forty d i r Ms . . And i f he have apprehended and
brought him from a diftance jhort of three day's journey, he is entitled
to a proportional recompence. This is upon a favourable conftruc-
tion. Analogy would require that nothing whatever be due to
him, except where it has ‘ been. ftipulated -bfefore-hand; (and fuch
is the opinion of S h c fe 'i: becaufe the perfon in queftiotv, in feiz-
ing and bringing back the flave, has ailed gratuitoufy. Thus the cafe
rëfembles that of a frayed flave-f in other wbrds, as nothing is due
to a perfon who teftores a frayed flave to his mailer, (becaufe of
this being a gratuitous adt,) fo in the lame manner nothing is due
for the fugitive flave where hé-is reltored to his mailer, for the
fame reafon. The reafons for a more favourable conftruflion of
the law upon' this point are threefold:— f i r s t , the companions all
agree that a reward is due; fome of them, however, contend that this
reward is forty d ir m s , whilft others fay that it i.s left than forty; and
hence it is that we fay forty d ir m s are due in a-cafe of diftance of
three days journey, and left than forty, .where, the diftaijce is fhort
of three days,, in order that the different rates, [eftablilhed by the
* B y this term it is always to be underHood the fovereign, or chief magijirate.
and he mud
be taken before
the Sultan,
who mud
imprifon him.
The reftorer
of a fugitive
flave is entitled
to a reward
of forty
dirms,
orlefs, in proportion
to the
diftance from
which the
flave is
brought,
within three
days journey:.
companions]