2 36 M O Z A R I B A T . Book XXVII.
The contrafi;
is dilTolved by
the death o f
either party,
or by the
apofiacy and
expatriation
o f the manager..
management, it is requifite that he make feizin'of it for that purpofe;
but the feizin of the proprietor is repugnant to a due delivery *. If,
however, the Have be infolvent, the contrail is valid, as in that cafe
the, mailer Hands, in the fame relation, as a ftranger, according to
Himeefa.
C H A P . III.
Of the Difmiffion of a Manager; and of the Divifion of
thé Property.
I f either the proprietor of the Hock or the manager fliould die, the
contrail becomes null; becaufe a contrail of Mozaribat (as has been
already explained) is in the nature of an appointment of agency ; and
agency ceafes by the death either of the conllituent or of the agent;
and inheritance does not take place with regard to agency, as has
been already demonftrated.
I f the proprietor of the flock become an apollate, and be united to
a foreign country t , the contract of Mozaribat becomes null; becaufe
his being united to a foreign country is equivalent to his death,
(whence it is that his, property is then divided amongft his heirs.)—
If, on the other hand, he fliould not be united to a foreign country,
the tranfadtions of his manager remain fiufipended in their effeEl;—(that
* Becaufe, as the property o f the flam is, in effeft, the property o f his majter, it follows
that a delivery to the mafter would be nugatory.
f By a fentence of the K a xa . (See Injiitutes, Vol. II. p. 229.)
C h a p . HI- M O Z A R I B A T .
is to fay, if he again become a MuJJulman, they then take effedt:) but
if he die in his apoftacy,. they then become null, (according to Ha-
neefa,') becaufe his manager’s tranfaction [with the flock] is the fame
.as his own tranfadtion, fined the manager adts on his own account;, and
as (according to Haneefa) the adts of an apollate are fufpended in their
effedt *, fo, in the fame manner, the. adts of his manager are fufpended
..
237
I f the manager become an-apollate, yet the contradl Hill continues i f the ma-
to exift in its. original Hate, becaufe the adtions of a perfon, are fuf- without
pended in their effedt, only on account of a fufpenfion of his right of
property: but the apollate in queftion has no right of property in the
Mozaribat- flock, as that belongs folely to the proprietor of the flock; tinues in
and as One. proprietor's right of property is not, fufpended, the contradl. force'
of courfe flill. continues in. force..
If the proprietor of the flock difmifs the managerand he fhould
not be acquainted With his difmiffion until, after he had tranfadled by
purchafe and falp, then thofe tranfadtions are valid; becaufe he adts as-
an agent- on behalf of the proprietor; and the difmiffion of an agent,, if
it be voluntary and intended,, (that is to fay, not virtual, fuch as by
death,') remain? fufpended upon a knowledge of it; for difmiffion is a-
prohibition from adtion;, and prohibitions, in injunctions-refpedting
any matter, do not operate until after knowledge of them, as in. the
café of the Commands.arid-prohibitions of the l aw ..
A ll adts o f
the manager
are valid, until
he be duly
apprized o f
his difmiffion.
If the proprietor of the flock difmifs the manager,, and he be- apprized
thereof, he may neverthelefs fell fuch of the Mozaribap flock
as confifts of chattels and' effedts, becaufe his- difmiffion from- the
agency is not preventive of a fale of articles of that kind, fince he has
a right to profit, which cannot be obtained otherwife than by a dir
T h e manager,
after
being apprized
o f his •
difmiffion,
may flill convert
what re*
mains on his
* See Vol. II. p. 253;
vilion;