Guarantee
for land- tax,
and ail other
regular orjuf-
tifiable impolis,
is valid.
there is no partnerfhip in this inftance, becaufe whatever is owing to
each, refpedtively, in virtue of his particular contrail:, appertains- folely
to him, without any participation of the other;—whence it is that
the purchafer is at liberty to accept the lhare of one of them only and to-
take pofleffion.of it, after the payment of the.pricer and alfothat he
may take pofleffion of the fhare of one of them only after paying to
him his proportion, notwithftanding he may have purchafed both
fhares.
I f a perfon become fecurity in behalf of another for tribute due by
him, or for a nawayeeb levied upon him, or for his kiffindt', all fuch fe-
curities are valid.— Security for tribute is valid, becaufe tribute is in
the nature of a debt, and may be a lawful fubjeit of claim, as has been
already explained: (in oppofition to- Zakat, as-that is a matter folely
affeiting him who pays it, in the manner of a gift, and of which his
property alone can be the fubjeft;— whence, after his death, it cannot
be difcharged out of his effects, unlefs prefcribed in his w i l l :)— and
with relpeit to nawayeeb, if it extend only to what is juft, (fuch as
exadtions for digging a canal, for the wages of fafe guards, for the
equipment of an army to fight againft the Infidels, for the releafe of
Mujfulman captives, or for the digging of a ditch, the mending of a
fort, or the conftrudtion of a bridge,) the fecurity is lawful in the
opinion of the whole of our dodtors.— But i f nawayeeb extend to exadtions
wrongfully impofed, that is, to fuch as tyrants extort from
their fubjedts, (as in the prefent age,) in that cafe, concerning the
validity of fecurity for it, there is a difference of opinion amongft our
modern dodtors.— Sheikh Iindm Alee is of the number of thofe who hold
the fecurity in this inftance to be valid__With relpedt to kijfmat, there
is a difference of opinion concerning the meaning of the word.— Some
allege that it fignifies the fame with nawayeeb; whilft others define
* Naiyayeeb are all extraordinary aids beyond the eftablilhed contributions, levied at
the difcretion o f government to anfwer any particular emergency o f the ftate.
it to be the fame with Mowzifa Ratiba, that is, fixed imports which
are exadted at ftated periods, fuch as once in the month, or once in
every two or three months.—Now nawayeeb means the cafual exadtions
made by the fovereign, which have no fixed or ftated period.
T h e law, however, is as above explained, with refpedt to both. If,
therefore, the exadtion be right, then the fecurity for it is lawful, ac-
cordino- to all our dodtors ; or if wrong, there is a difagreement with
refpedt to the validity of the fecurity.
I f a perfon fay to another, jjf I owe you a debt of one hundred
“ dir ms, payable a month hence,” and the other affert that the debt
is immediately due, his affertion, as claimant, is to -be credited— But
if a perfon fhould declare to another, “ I am fecurity to you, in be-
“ half of another, for a debt of one hundred dirms payable a month
“ hence,” and the other affert that the debt is due immediately, the
declaration of the furety is to be credited.—The difference between
thefe two cafes is, that in the former cafe the.debtor makes an acknowledgment
of the debt, and then claims his right to a fufpenfion of payment
for one month; whereas in the latter cafe the furety makes no
acknowledgment of the debt, inafmuch as the obligation of the debt
does not reft upon the bail or furety, as has been often before explained.—
In fait, he has limply acknowledged a -claim, to -which he is
refponfible after the lapfe o f a month, which the claimant denies, af-
ferting that he is anfwerable for fuch claim immediately; —and regard is
paid, in law, to the affirmation of the defendant.— A claufe of fu fpenfion,
moreover, is merely an accidental property of a debt, and not
an efl'ential, whence it is that it cannot be proved unlefs it have been
exprefsly ftipulated.— The affirmation, therefore, of the perlbn who
denies the ftipulation of fuch condition is creditable,— in the lame
manner as in the cafe of a condition of option, in lale.— Bail under
a fufpenfion, on the contrary, is one fpecies of bail, in which the
being ffpended in its operation is an inherent quality, and not an
accident; whence this fpecies o f fufpenfion may be proved without
4 G 2 having
Difference
between a
fufpended
debt and fufpended
bail.