, the fécond purchafer’s having fold it into the hands of another,, and
not by means of the firft feller repurchafing it from the third perfon
fo as to leave any room for apprehenfion in this cafe alfo. - There is,
therefore a material difference between this cafe, and the cafe .under-
eonfideration,_ and confequently it is evident that the analogy adduced-
by the two difciples is unfounded.,
Ca ft of Mm- If a privileged Have, involved in debt, Ihould-râbihat purchafe-a pièce of' tram-. ' i . .. r
a died by a cloth for ten dirms, and afterwards fell it to his matter for fifteen dir ms ?
and the mafter wilh ta fell the laid cloth in the manner, of Moorâbi-
owner.. hat, he mud fethis profit upon ten dirms. In the fame mariner, , i f :
a mafter purchafe a piece of cloth for ten dirms, and fellit to his-privileged
Have for fifteen dirms, the flave is not entitled, to difpofe.of it
at a profit upon more than ten dirms.. The.reafon of this-is that, in
both, cafes,, there is a femblance of illegality in. the falc ; becaufe the,
property of the flave being, as it were, the property of- his mafter,
it appears that the mafter, in thefirft cafe, purchafes his own property ;-,
and that, in,the fecond.cafe,.he.fells-his own property to., himfelf..
Cafe of Mm- & a- perfon: give to another ten dirms, in. the* way. o f A&,
râbihat,Xxzm- A n • i - i - . , '
aftedbetween xarwat, ltipulating that the profit acquired therefrom lhall be equally
ofa ftock^jmd ^*v^ed between them, and the Mozârib, or manager, fo conftituted,,
iAlcproprietor, purchafe with the faid-money, a piece of cloth,, and then fell it
-to his- conftituent for fifteen- dirms, and the -constituent afterwards :
wifh to difpofe of. it by a profitable fale, he is.not allowed,to fix the
. priceat more-than.twelve and a,halfdirms. T h e reafbnofthis is, that:
although the purchafe made by the proprietor of a Moordbibat ftock,.
from his-manager, be,, in fa£h, the purchafing o f his own property
with his own-property,,yet, fuch purchafe is held'to be-lawful by our
doftors; becaufie the proprietor of the ftock has no power over it:
whilft in the hands.of the manager; and as this power, .which is a.
defirable objeét, refolted to him from the purchafe, the faid purchafe,,
becaufeofits being the means of procuring to him an-objedt of defire,,
is;
is therefore lawfulneverthelefs, as there is- in this, cafe an appearance
of invalidity of fale, (fince the conftituent did as it were purchafe
his- own. property with his own property, by which means a
mutual exchange of refpedtive property did not take place) the purchafe
is therefore reckoned null fo far as regards the half of the profit;
and' accordingly, in the cafe in queftion, the profit muft he.
impofed.upon twelve and a half dirms ^
If a perfon purchafe a female flave, and fRe afterwards,, without
any appearance of violence, but merely from a natural caufe, become
blind of an eye,— or if, being a woman*, he cohabit with her, without
harm accruing,— it is in either cafe lawful for him to difpofe of
her by Moorabihat, without giving any explanation of either of thefe
circumftances; for neither in confequence of the blindnefs br the cohabitation
does any thing remain to him in oppofition to which a deduction
might be made from the price; becaufe no part of the price.
is oppofed’.to the quality of the article, (whence it is that i f the quality
be deftroyed previous, to feizin by the purchafer, no deduction
from the price would on that account be allowed;) and in the
fame manner, no part of the price is oppofed to the ufe of a woman’s
perfon. It is reported, from Aboo Toofqf , that1 in the ftrjl cafe the-
flave muft not be difpofed of in the manner of Moorabihat, without'
an explanation being, given: of the blindnefs, anymore than-where
blindnefs has been occafioned by violence: and this opinion has beeri-
adopted by Shafe'i.— It is to be obferved,. that- if the purchafer himfelf
had occafioned the blindnefs, or if it had been occafioned by another
from whom the purchafer either had or had not received an amercement,
he is- not in either of thefe cafes entitled to difpofe of the flave by
Moor-dbihat,. without giving an explanation, of the blindnefs;., becaufe,
* Arab. S'ayeeba: in oppofition to a v irg in . T h e reafon for reftri£ting the cafe to
muliebrity, in this inftance, is that cohabitation with a woman is not confidered as a depreciation
o f her value ’.-—contrary to the cafe jo f deflowering a virgin.
Ah' article-"
may be, difpofed
o f by-
Moorabihat,.
where a de- .
fett has intervened
n o t:
proceeding
from the
feller, or
where the
feller has tifed
the article, in :
the interim,
without injury
to it ;.
but i f the defect
be occafioned
by, or
compensated
'to, the feller,
a proportion-
able deduction
muft be
made from.
the price..
here