548 S A M E.
Cafe o f gold,
and'filver
being indefinitely
mentioned
in the
offer o f a
jprice.
The receipt
o f baft money
in Head ofgood
money, i f it
be loft or expended,
is a
complete dif-
charge.
B o o k XVI.
fent purchafer*. in the cafe in queftion, has a right to repayment from
the abfentee* it follows that he has alio a right to detain in his pof-
feffion the lhare of the abfentee until he receive payment of the fum-
due to him; in the fame manner as an agent for purchafe, who pays
from his own property the price of the- goods purchafed oil behalf o f
his conftituent* is entitled- to-retain pofleflon of them, until he receive-
payment of the price from, his Conftituentr
If a perfen purchafe a female fl'ave in. exchange for one thoufandi
mifhdls of gold and: filver,— faying “ I purchafe this Have for one thou-
“ fand: mijkak of gold and filver,” ' in that cafe, it is incumbent on him.
to pay five hundred mjk&ls of gold* and five hundred miJMk of filver
for the reference of the mijkalto the gold and, filver having been in an-
equal degree applicable to each, an equal proportion in the payment is
of confequence incumbent.:— If, on the other hand, the purchafer
fhould fay* “ I have purchafed this flave in exchange for one thoufand
“ of gold and filver,” ' in this cafe, he muft pay five hundred mifkals o f
gold, and five hundred dirrns. of filver* (of thefeptimal weight;) for
the term one thoufand! having been- referred, to the gold and filver ilk
a general manner* it is therefore conftrued to. apply to-the weight jiu
common, ufe with rcfpect to. each in particular..
If a perfon, indebted to-another in. the amount of ten (/«>•»» of a>
good fort* afterwards pay him this amount in. an inferior fpecies* and
the other* being ignorant of this circumftance* receive.them*, and afterwards
expend them, or lofe them* in this cafe the debt is completely
difcharged, and the creditor is not entitled to any compenfa--
tion for the difference of quality.— This is according to Haneefa and
Mohammed.— Aboo Yoofafha&ffvd, that in this cafe the creditor is entitled
to return to the debtor a tantamount of dirrns o f the fort he received,
and to demand from him ten dirrns o f a fuperior fort, to which •
he has a right; becaufe, in the fame manner -as his right relates to
7 the
C h a p . XL S'- A h E. 549
theyubflance of the dirrns, fo alfo is it eftablifhed in the quality. A con-
fervation of each right is therefore indifpenfable: but as the conferva-
tion of the'fecond right, by means-- of an allowance in exchange for.
the difference of quality,, is imprafticable* (fince quality in homogeneous
articles, is-of no relative lvalue,.) this mode muft neeeflarily be
adopted. The reafoning of Haneefa and Mohammed, is,, that the bad.
dirrns are of the fame fpecies- with the good;. and that- after the receipt
and expenditure* or deftruftion. of them, the debt is difcharged;
becaufe the claim which remains relates to quality, and this-is impof-
fible to, fatisfy by the granting of a compenfation* inaimuch as quality
in itfelf bears no value-
I f a bird incubate its eggs-in the land” of a- particular perfon, the Amcles-ofa
right of property over the brood does not* in virtue of fuch incuba-
tion, veft in the proprietor of the ground; on. the contrary, they re- bi« by
main free t-o the perfon who fhall firft feize them.— The law is alfo the aamUeizm.
fame with refpeft to eggs which a bird lays upon any particular-
ground.— So alfo, if a deer fhould fleep for a night in a field, it does-
not by that aft become the property of the proprietor of that- field ;
on the contrary, it remains free to whomfoever it may be caught by..
The reafbn of this is* that both the young ones and the deer are eon-
fidered in the nature of game, and as-fuch are free to the perfon who-
catches them* although no ftratagem be ufed for that purpofe;—
and the fame*, alfo* of eggs ', whence, if a Mohrim fhould either
break or broil- them, he is fubjeft to make expiation.-—Moreover,
the proprietor did not purpofely prepare his land that the bird
fhould lay or incubate her eggs* or that the deer fhould fleep upon
it.— It is therefore the fame as if a perfon fhould fpread out his-
net for the purpofe of drying it* in. which cafe, if any game fhould
fall into it, it would not become immediately the property of the proprietor
of the net, but would continue neutral until fome one feize it;—
or, as if game fhould come into a houfe, in which cafe it does not
become the immediate property of the proprietor, of the houfe;— or,
as