no worldly punishment to the murder of a flaVe 'by his matter*, and
the cafe is therefore the fame as if he had died a natural death; The
principle on which the Zdkir-Rdwayet proceeds ; is that murder,
wherever it takes place, occafions refponfibility; and as, in the cafe
of a matter killing his Have, the refponfibility is remitted only on account
of the matter’ s right of property, the matter confequently, as
it were, takes the relponfibility -f- in return for his right of property:
the cafe is therefore the fame as i f he had fold the Have. It is other-
wife where he emancipates him without any return, as that adt does
not occafion refponfibility, any more than where a poor perfon emancipates
his portion in a partnerjhip Have J.
A purchafer I f a perfon purchafe any articles of food, and eat them, and be
entitled to a* then informed o f a defedt in them, in that cafe, according to Ha-
fTXTft'af1 neef ai he is not entitled to any pompenfation from the feller.— Ac-
ter having cording to the two difciples he is entitled to a compenfation.— The
fame difference of opinion fubfifts with refpedt to the cafe of a perfon
who, having purchafed garments, and worn them until they had become
ragged, then difcovers that a defedt had formerly exifted in
them.— The arguments of the two difciples are that the purchafer
having performed no adt with refpedt to the iubjedt of the fale but
what is agreeable to the objedt of the purchafe, and what is cuftom-
ary, the cafe is therefore the fame as if he had emancipated a Have.—
T h e argument of Haneefa is that the return of the food to the feller is
impradticable, becaufe of the purchafer having performed an adt with
regard to it which induces refponfibility; and the cafe is therefore the
fame as that of fale or of murder. The adt of a purchafer, moreover,
although it be the objedt of the purchafe, is neverthelefs difregarded:
whence it is that the purchafer is entitled to no compenfation for a
* That .is, -it only fubjedls the murderer to expiation by charity, failing, or other religious
pennances. .
t In other words, “ bean the Iß ." J See Vol. I. p. 440.
defedt, after having fold the goods, notwithftandingyafe be one of the
obj edits of purchafe.
If a perfon purchafe certain articles of food, and eat part of them,
and then difcover them to be defedtive, he is not, according to Haneefa,
entitled to return to the feller what remains, and to demand
from him a compenfation for the defedt in what he had eaten; becaufe
provifions are in the nature of an unity; and the cafe is therefore
the fame as- i f a perfon were to fell part of goods purchafed by him,
and then to difcover a defedt in them; in which cafe he would not be
entitled to return the remainder to the feller, and demand a compenfation
for the defedt; and fo alfo in the cafe in queftion.— There-are
two opinions':-of the two difciples on this cafe.— According to one
opinion, the purchafer may retain the remaining part of the provifions,
and receive from the feller a compenfation for the defedt of the
whole: and, according to the other, he may return the remaining
part to the feller, and receive a proportionable compenfation for the
defedt of what he had eaten.
I f a perfon purchafe eggs, mufk melons, cucumbers, walnut's,
or the like, and after opening them difcover them to be of bad quality;
in that cafe, if they be altogether unfit for ufe, the purchafer is entitled
to complete reftitution of the price from the feller,- as the fale
is. invalid, becaufe of the fubjedt of it not being in reality property-.—
If, on the other hand, notwithftanding their badnels,.they be ftill fit
for ufe, the purchafer is not entitled to return them to the feller, becaufe
the opening of them is an additional defedt of his own creation:
he is, however,, entitled to a; compenfation for the defedt ; as by this
means the injury he would other wife fuftain is-remedied to the great-eft-
poflible extent. Shafei has faid, that he is- entitled to return them;
after opening them; becaufe that Is the exercife of a power committed
to him by the feller. In reply to this our dodtors argue,, that the
feller has empowered him to open them in virtue of his becoming the
5 proprietor.
and fo alfo,
after having
eaten only a
part of the
food.
Cafe o f defeat
in very
perifhable
commodities.