It is not lawful
to fell
*wine or perk.
Rules with,
refpeft to
Zimmees in
fale.
the tradition quoted by Shafei, it applies to the infancy of I f dm, at
which period the prophet prohibited every one from eating the,price of
a dog, in order to reftrain men from a fondnefs for dogs, as it was
then a cuftom to keep dogs for breed, and to fuffer them to fleep on
the lame carpet. But when this cuftom fell into difufe, and men ab-
ftained from a fondnefs for dogs, the prophet ordained the fale of them.
With refpeft to the affertion oiShafei, that dogs a’re atdUalfilth, it is
not admitted; but admitting this, ftill it follows that the eating, and
not the felling of them is unlawful.
T he fale of wine or pork is not lawful; becaufe, in the fame
manner as the prophet has prohibited the eating or drinking of thefe,
fo alfo has he prohibited the fale of them, or the eating of the price of
them; and alfo, becaufe thefe are not fubftantial property with regard
to Muffulmans, as has been before frequently explained.
Z im m e e s , in purchafe and fale, are the fame as Mujfulmanr,—
becaufe the prophet has faid “ Be regardful « /"Z im m e e s , fo r they are
“ entitled to the fame rights, and fubjebl to the fame rules with Mus-
“ s u l m a n s ; ” — and alfo, becaufe, being under the fame neceffities,
in the tranfaftion of their concerns, as Muffulmans, they Hand in need
of the fame immunities. They are therefore the fame as Muffulmans
with refpeft to purchafe and fale,— excepting, however, in the fale
of wine and pork, which is lawful to them, as the fale of wine, by
them, is confidered in the fame light with that of the crude juice of
the grape by the Muffulmans; and the fale of pork by them is equivalent
to that of the flefh of a goat by Muffulmans; becaufe thefe
things are lawful in their belief, and we are commanded to fuffer
them to purfue their own tenets. Moreover,. Omar commanded
his agents to empower the Zimmees to fell wine, taking from them
a tenth part of the price: a proof that the fale of wine is lawful among
them.
If
If a perfon fay to another, “ fell your Have to a particular perlbn
“ for one thoufand dirms, on condition that ! be refponfible to you for
“ five hundred dirms of the price, independant of the one thoufand.
“ dirms f and the faid perfon aft accordingly^ it is valid, and he is
entitled to one thoufand dirms from the purchafer, and to five hundred
dirms from thefeeurity; whereas, if he were limply to lay, “ I will
“ be refponfible for five hundred dirm sf without mentioning the
words •“ of the price,” the feller is, in that cafe, entitled only to the
one thoufand dirms from the purchafer, and hps no claim on the
furety.— The reafon of this is, that an increafe in the price, or in
the wares, is lawful, according to all our doftors, and is joined
to the original contraft, (as has been already explained,) being only
un alteration o f the contraft from one lawful quality to another lawful
quality ;— and as it is lawful for the purchafer to make an alteration in
the price, although he be no gainer in other refpefts by it, (as if he
ftiould increafe the price, notwithstanding it be adequate to the value
of the goods before the increafe,) fo alfo it is lawful for a ftranger to
lay himfelf under an obligation for an increafe o f price, although he
have no advantage in other refpefts;— in-the feme manner as the con-
fideration for Khoo/a becomes incumbent upon a wife in virtue of her
affent to the Khoola, although fhe receive nothing in exchange, for
"woman is originally free, and the procurement of a divorce adds nothing
to her original freedom. It is effential, therefore, to the Validity
of the feller’s claim upon this perfon, that the increafe be op-
pofed to the goods by the fpecification of the words “ of the price;”
and if thefe words be omitted, the declaration or- ftipùlation is .of no
account.
I f a perfon, having purchafcd a female Have, make her over in
•marriage to another before feizin, and that other cohabit with her,
fuch marriage is lawful, as having been concluded, in virtue of the authority
of the proprietor :—and it-alfo determines the feizin of the
purchafer. If, however, the liufoand fhould not cohabit with her,
V o i.H . 4 A the
A perfon inciting
another
to fell
his property
to a third.
perfon, by offering
an addition
over
and above the
price, is refponfible
for
fuch addition
: but not
orilefs this
addition be
exprefled as
forming a.
part of the
price.
A female
flave may be
contracted in
marriage by
the purchafer
without his
taking oof-
feffion o f her.