or entruft a
flave with the
management
o f it;
or (having
fold it for
ready money)
may grant a
fufpen/ion of
payment;
or allow the
purchafer to
transfer the
paymentupon
another per-
fon.
The arts o f
a manager
are— fuch as
lie is empowered
to
perform by
the contract;
If- a manager Ihould fell part of the flock for ready money, and afterwards
admit of a fufpenlion in the payment, it is lawful, according
to all our doctors :— according to Haneefa and Mohammed, becaufe, as,
an agent is permitted to grant a, fufpenfion of, payment, a manager,
as having a fhare in the profit, is entitled to do fo a.
fortiori-, (thé manager, however, is not refponfible, becaufe, as.,
he has a power of diffolving the fale, and afterwards felling thethin°-
upontruji, the deferring of payment is accordingly lawful : contrary
to an agent, as he is refponfible to his conftituent for the price of what
he fells, becaufe he is not at liberty to diflolve a fale and fell the article
over again upon truft:)— and according to Aboo. Toofaf, becaufe
a manager may, if he pleafe, annul the fale, and fell the article
over again: contrary to an agent,, who has nb power of diffolving
a fale.
I f a manager Ihould'fell fomething to Zeydotgow truft, and Zeyd,
with the confent of the manager, fhould transfer the payment of the
price upon Omar, this is lawful, whether Omar be rich or poor, becaufe
transfer of debts is cuftomary aroongft merchants.— I t is otherwife
where a guardian affents to fuch a transfer with refpeit to the property
of his orphan ward, as he cannot lawfully accept, in his ward’s behalf,
of a transfer upon a perfon that is poor; becaufe the intereft of the
orphan is what muft be confulted,. (whence the power of a guardian
is reftriited to what may conduce to the intereji of his ward;) and as
the acceptance of a transfer upon a perfon that is poor is deftruitive of
the orphan’ s intereft, it is therefore illegal.
T h e acts of a Mozdrib, or manager, are of three kinds. I . Such
as he is ‘competent to perform in virtue of the abfolute contrail of
Mozdribat f including all deeds partaking of the nature of Mozdribat,
or o f its dependences; fuch, for example, as agency for pur chafe or
.fale,
C h a p . IV. M O Z A R I B A T . 24 3'
fale, becaufe of the neceffity for thofe a its ; and alfo ‘pawn, as this
is in the nature of a difcharge or fatisfailion; and likewife depoft, hire,
•entrufting in the manner of Bazdt, and alfo travelling with the flock,
as before mentioned.— II. Such deeds as he is not competent toper- or in virtue
form in virtue of the abfolute contrail, but in virtue of a general and difere^
power granted him by the proprietor, to a il agreeably to his own
judgment and diferetion; including all fuch deeds as may have a pro- b y th e p ro bable
connexion with a contrail of Mozaribat; and which are accord- prletor’
iiiglv held to be connedted with it, when there exifts any argument
for their being fo ;— fuch ass* the giving of the flock to another in the
way either of Mozdribat, or of partnerlhip, or the mixing of it with the
manager’s own property, or with that of another ;— to which aits a
manager is not competent, merely in virtue of the abfolute contrail,
except where fomething argues a connexion between the abl and the
contraB; becaufe it is prefumed that the proprietor of the flock intends
that the manager alone ihould be his partner, and not any other
perfon ; and thefe aits are not in the nature of traffic, (as traffic does
not depend upon fuch ails,) and confequently are not comprehended
in the abfolute contrail: yet, as they are all inftruments of an increafe
of profit, and are therefore admiffible in a contrail of Mozdribat, they
are accordingly included in the contrail, where any argument exifts of
their fo being; and the power granted to the manager by the proprietor
“ to ail according to his own diferetion,’ clearly argues thus
much.— III. Such deeds as the manager is not competent to perform, or fuch as he
either in virtue of the abfolute contrail, or from the diferetionary powereTto
power granted him by the proprietor, being neither in the nature of P.elform in
, j r , , . . 0 either way.
trajpe, nor having any probable connexion with the contrail, but
fuch as he may perform in cafe of an exprefs power from the proprietor
of the flock. Thefe are termed Iflidanit * ; fuch as where a
manager purchafes fomething in exchange' for dirms and deenars, after
having laid out the whole capital in the purchafe of goods and effeils,
* A n g lice .— Defiring to borrow.— In its common acceptation, it fignifies contrasting
«(bt, on behalf either o f one’ s felf or o f another.
I i 2 in