mmtyf0 vifion.; atld this can be effeded only by turning the fubjed of the
flock into fpecie.— From this neceffity, therefore, he is at liberty to
■ fellfuch flock: but, after the fale, it is not lawful for him to m'ake
any purchafe whatever with the price he procures for thefe effects;
becaufe there is no neceffity for his fo doing, and the fale is admitted
only from neceffity, as has been already explained.
been already lF the ProPHetor of a ftock> which had originally confifted of dims
converted or deenars, difmifs the manager at a time when it has been reduced to
h"'“ 7’ fPecie’ and the 'manager be apprized thereof, in that cafe he is no
tranfaft with longer entitled to aft with regard to it, fince there exifts no further
unlefs this neceffity for his io doing.— T h e author of the Heddya remarks that
“ fp^esdif- the la* here Proceeds on the fuppofition that the flock has been conle
r c n t from verted into the very fame fpecie with the original flock: but that if it
th e o r ig in a l n . i j u 1 . ° > 1L
f l o c k ,— in inould have been converted into fpecie of a different denomination, (as
m a y convert6 lf tlle ftock had originally confifted of dpenarp, and it be now con-
o n h e fw e 67 v eiteA 'mto dirms’ or vice verfa,) the manager i s , , by the benevolence
fp e c ic s . of the law, allowed the liberty of felling it for the fame fpecie as the
original.flock; hecaufe it is incumbent upon the manager to return a
fimilar to the original flock, which is impradicable otherwife than
.by felling what he has on hand for the fame fpecie as the orio-inal
.flock; and alfo, becaufe, as the profit cannot be afeertained Until the
property on hand be converted into fomething of the very fame nature
as the original flock, the cafe becomes exadly the fame as i f the
property confifted of goods and effeds.— It is to be obferved that all
the rules here laid down with rcfpccl to the difmiflion of a manager are
applicable to the cafe of the death of the proprietor of the flock._Thus,
i f the proprietor fhould die, the manager is. entitled to fell the Mozdri-
la t flock, where it eonfifts of goods and effects :— but he is not allowed
afterwards to purchafe any thing whatever with the price fo obtained.
If, on the other hand, the flock has been turned into dirms or
deenars, he is not entitled to aft with refped to it, provided the money
.into which it is converted correlpond with the fpecie of the original
flock:
flock: but if it be different from the fpecie of the original flock,
he is- at liberty to convert it, by fale, into the fame fpecie with the
originalw
Lllc '-'Uuudci, ana tne
flock fhould at that time confift of debts due from others, in this cafe,
I wkere any profit has been acquired, the magiftrate muft compel the
manager to poffefs himfelf of thefe debts; fince he is held to be equivalent
to a hirelings and his profit to be like hive. B.ut i f no profit
I have been acquired, it is not incumbent upon the manager to receive
I payment of thefe debts;. fince he is merely a voluntary agenp, and no
compulfion. can be ufed for the fulfilment of a voluntary engagement^
(as where a.perfon makes a grant to another without delivering the
thing granted,, in which cafe the donor cannot be compelled to make'
I. delivery of the grant.). The manager., however, is in, this cafe to be
I inftruded, to appoint the proprietor agent in his. behalf for the receipt
I of diefe debts; for as the rights o f the contrad appertain to the con*
I tractor, it is- mdifpenfably neceffary that he thus appoint the pro-
^ agent, to prevent the lofs of- his-right. Mohammed, in
the Jama Sagheer, obferves that “ the manager ought to be inftruded
to make a transfer of his claim: upon the debtors, to the proprietor-”
the meaning of which alfo is, that he. fhould appoint the proprietor his
agent for the receipt of the debt; becaufe if fuch transfer were fuffi-
«ent, the proprietor muft neceffully be injured in cafe of the debtors
not acceding to.the fame. It is, to be obferved that this- is-the rule in
| Thus,, when.an. agent fo r file (for. inftance) is
| ke muft. be told to-appoint his-conflituen-t. agent-for; the
receipt o the debt, in the manner above mentioned. A broker however,
muft himfelf be compelled to receive any debts that may be.due
becaufe with brokers the cuftom.is to ad'for hire..
W h a t e v e r may be loft of deftroyed, o f the Mozdribat flbek, muff
Pace to the account o f the Jrofif, and<not o f , the original flock,
becaufe
I f , a t the d i f -
fo lu t io n o f th e
c o n t r a c t , th e
f lo c k con fift
o f d e b t s , th e
m a n a g e rm u f t
b e c om p e lle d
to c o l le d ! -•
th em , w h e r e
a n y p ro fit has
b e e n a c q
u ir e d . .
A l l lo f s u p o n
th e f lo c k is
p la c e d a g a in f t
th e p ro fit .