228 M O Z Â R I B A T .
A manager
entruftingthe
flock in his
hands to a
fttondary ma-
Book XXVII.
be fir ft fatisfied,) it follows that the female Have is altogether profit,
and is therefore equally Ihared between the proprietor of the flock and
the manager: and as the manager formerly preferred a claim that was
valid, (fince there was a prefumption that he might have cohabited
with the female Have in virtue of marriage,) and the efficiency of.
which remained fufpended only on account of the defeft in his right
of property, and became effeftual on the eftablilhment of that right,
by which means the female Have becomes his Am-Walid,,— he [the
manager] is therefore refponfible for the Ihare o f the proprietor, whether
he be rich or poor, becaufe the refponfibility in this inftance is
refponfibility fo r affumption o f property, and a refponfibility of this nature
does not remain fufpended on tranfgrejfion;— in the fame manner
as where a perfon, in virtue of marriage, cohabits with the female
Have o f another, and a child is bom of her, and this perfon afterwards
obtains , by inheritance, a right of property in her, jointly with another
perfon,— in which cafe the perfon in queftion is refponfible to
the other for his Ihare; and fo alfo in the cafe in queflion:_contrary
to refponfibility fo r the child, as before treated of.
C H A P . II.
Of a Manager entering into a Contra# of Mozdribat
with another.
I f a manager give flock to another perfon, in the way o f Mozdribat,
without authority from the proprietor of the flock, in that cafe the
firft or principal manager is not refponfible [for the flock] either on
account
C h a p . II. M O Z A R I B A T . 229
account of having fo given the flock to the other, or on account of nager, '» « -
that other’s employment of the fame, until fuch time as profit Ihall [henpropHe-
have been acquired thereon: but whenever, profit takes place, then
the principal manager becomes refponfible to the proprietor of the acquired on
flock.— This is recorded by Hafan as an opinion of Haneefa.— T h e * ’
two difciples maintain that the primary manager becomes refponfible,
immediately upon the aftion of the fecondary manager, whether profit
may have been acquired or not: and this is agreeable to the Zdhir Ra-
•wdyet.— Ziffer holds that the primary manager is refponfible for the
giving of the flock to the other, whether that other may have afted
with regard to it or not ; (and there is an opinion recorded from Aboo
Toofaf to the fame effeft;) becaufe it is latvful for a manager to <rive
the flock by way of a depafit, but not by way of Mozdribat; and as, in
the cafe in queflion, it was given by way of Mozdribat, the manager
was therefore guilty of a trefpafs, and is confequently liable to refponfibility.—
T h e argument of the two difciples is that the flock is here
in reality given as a depofit; and is only rendered Mozdribat by the
aflion of the fecondary manager;— “ therefore (fay they) there, are
“ two circumftances in this cafe, and we pay attention to both cir-
“ cumftances, and determine, accordingly, that refponfibility takes
“ place in cafe of the aftion of the fecondary manager; but i f he do
“ not aft, and the property be loft in his pofleffion without any
“ tranfgreffion, refponfibility is not in that cafe incumbent.”— The
reafoning of Haneefa is that the mere aft of giving, previous to the
abiion, is a depofit, and after the aftion it is an entrufiing, in the manner
of a Bazdt; and as both thefe deeds are lawful to a manager, he
is not confequently refponfible for either of them:— but, upon profit
accruing, the firft manager renders the fecondary one a Iharer with
him in the flock, and is therefore refponfible in the fame manner as
if he had mixed the flock- with the property of another, in which cafe
he would have become relponfible in confequence of his haying
rendered that other a Iharer in the f lock; and fo alfo in the cafe in
queftion. All this proceeds on a fuppofition of both the Mazdribats
being .