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•A perfon dies, leaving two daughters, and a Ion who has difappeared ;
and alfo, a fon’s Ion, and a ion's daughter; and his eftate is in the
hands of a , ftranger;— and the above heirs, and the ftranger, all
agree that the fon of the deceafed is a miffing perfon ; and the two
daughters demand their inheritance ; in which cafe they are paid
their moiety out of the deceafed’s eftate, as this is their undoubted
ihare ; but the other moiety , which is the portion of the miffing perfon, is
held in fulpence, and no part of it paid to the fon’s children, becaufe
they are entirely precluded by the miffing perfon if he be living, and
are therefore not entitled to receive the inheritance, becaufe of the
doubt ;— and this remaining moiety is not to be taken out of the hands
of the ftranger, unlefs he be difcovered in feme diftioneft practices.—
Appofite to the example of the miffing perfon is the cafe of a foetus in
the womb, for whom a child’s inheritance is referved, according to
an opinion upon which decrees are palled.— If, alfo, there be another
heir befide the foetus, who is not in any circumftance precluded,
nor his portion altered by the intervention of the foetus, his
compleat portion is paid to him : but if this heir be fuch as is entirely
precluded by the intervention of the foetus, nothing whatever
is paid to him :— thus, if a man die, leaving a maternal filler, and a
pregnant wife, nothing whatever is paid to the lifter, as Ihe is entirely
precluded from inheritance by the intervention of a child, whether
male or female. If, on the other hand, the heir be one whofe Ihare
is altered by the intervention of the foetus, in this cafe th ejmaller of
the two portions is paid to him, as this fmaller Ihare is his undoubted
•right,— in the fame manner as in the cafe of a miffing perfon.— For
inftance, a man dies, and leaves a pregnant wife, and a mother who
acknowledges the pregnancy, in which cafe the wife is paid an eighth
and the mother a fix th ,— becaufe, if the foetus be born alive, the wife
would receive an eighth, and the mother a fixth ; but if it be not born
alive, the wife would receive a fourth, and the mother a third :—
a fixth and an eighth are therefore paid immediately, as thefe are their
portions at all events.
7 H E D A T A .
m
B E D A T A .
B O O K XIV.
Of S H I R K A T , or P A R T N E R S H I P .
SH I R K A T , in,its primitive fenfe, fignifies the conjunction o f Definition of
two or more eftates, in fuch a manner, that one of them is not
diftinguilhable from the other. The term Shirkat, however, is extended
to contracts, although there be no actual conjunction o f eftates,,
becaufe a contrail: is the caufe of fuch conjunction. In the language
of the l a w it fignifies the union o f two or moreperfons in one concern.
P a r t n e r s h i p is lawful, becaufe in the time of the prophet men Partnerihip is -
were accuftomed to have tranfaitions in partnerihip, and the prophet
confirmed them therein.
P a r t n e r s h i p is-of two kinds, Shirkat Milk, or partnerihip by and o f /a™
the right i f property, and Shirkat Akid, or partnerihip by contrail. i/fropiriff
and by con• -
tratt.
S h i r k a t