deliver him
to the pur-
chafer.
T h e fale is
invalid, of a
woman’s
jnilk> '
or the briftles
of a hog,
unlawful, becaufe it was originally null, in the fame manner as if it
had related to a bird in the air. It is recorded, as an opinion of Ha-
neefa, that the fale in this cafe is valid, provided it was not undone"
previous to the delivery, becaufe it was founded on property, and there
was no bar to its effeft except the impracticability of the delivery,
which is removed by the recovery of the have ; (and fuch is alfo related
as the opinion o f Mohammed;)— in the lame manner as if a Have,
after having been fold, Ihould run away previous to the feizin of the
purchafer, in which cafe, if the feller Ihould afterwards recover him,
and deliver him to the purchafer, the fale is binding, provided it was
not diffolved in the interval.
T he fale of a woman’s milk is unlawful, although it be in a vejfel.
Shafe'i is of opinion that if it be in a veffel the fale of it is lawful,
becaufe it is a pure beverage. T h e argument of our doctors is that,
as being part of a human creature, it ought to be refpefted; and the
expofure of it to fale is an aft of difrefpeft. In the Zahir-Rawdyet
there is a dillinftion between the milk of a female Jlave and a free woman.
It is related, as an opinion of Aboo Toofaf, that the fale of the
milk of a female jlave is lawful, becaufe the fale of the fa v e herfelf is
lawful. The anfwer to this is that the fale .of the female is legal,
becaufe of the bondage, which is a quality of her perfon; but fuch
quality does not relate to the milk ; the one being alive, and the other
dead.
T he fale of the briftles of a hog is unlawful, becaufe the animal is
effentially filth, and becaufe the expofure of this article to fale is a degree
of refpeil, which is reprobated and forbidden. It is lawful, however,
to apply it to ufe, fuch as Hitching leather, for inftance, in the
room of a needle, as this is warranted by neceffity.
Objection.—It would appear that thefale of it is warranted from
neceffity, in the fame manner as the ufe of it.
R e p l y .
C h ap. V.
R eply.—There is no neceffity for the fale of it, fince any quantity
of it may be. had gratultoujly and without purchafe. It is to be ob-
ferved that hogs’ briftles falling into a little water * renders it impure,
according to Aboo Toofaf— Mohammed is of a different opinion, be-
eaufe the legality of the ufe of the article in queftion, is (according
to him) an argument of its purity. Aboo T o o ff, on the other hand,
argues that the legality of the ufe of it is founded on neceffity, and not
on As.purity; and there exifts no neceffity in the cafe of its falling into
water. _
T he fale of human hair is unlawful, in the fame manner as is the
«7? of it; becaufe, being a part of the human body, it is neceffary to
preferve it from the difgrace to which an expofure of it to fale necef-
farily fubjefts it. It is moreover recorded,, in the Hadees-Shareef,
that “ G od denounced a curfe upon a Waftla and a Moojlwafila."—
(The fir jl of thefe is a woman whofe employment it is to unite the
fhorn hair of one woman to the head of another, to make her hair
appear long; and the fecond means the woman to whofe head fuch
hair is united.) Befides, as it has been allowed to women to incr-eafe
their locks by means of the wool of a camel, it may thence be inferred
that the ufe of human hair is unlawful.
T he fale of the hides of animals is not lawful until they be dreffed,
becaufe the ufe of them, until then, is prohibited in the traditions of
the prophet. It is lawful, however, to fell dreffed hides.
I t is permitted either to fell or apply to ufe the bones, finews,
wool, horns, or hair, of all animals which are dead, excepting thofe
of men and hogs. The reafon of this is that thefe articles are pure, and
are not confidered as carrion: befides, death does not affeft them as it
* By a little water (fay the commentators) is here meant fuch a quantity as may be
contained in a cup qr other veflel. v does
or human
hair,
or undrefled
hides;
but animal
fubftances of
'all defcrip-
tions (excepting
thofe of
men or hogs)