|i|||
i l l
1 »
Ytm
III!
■
111
p 1 1l# ll
'1' Ti
" 'y
i;Mf f| 1 1 |;I
| J r
j
jitg:i l
ifSf-i
i f i i ï
244 M O Z A R I B A T . Book XX V IR
in which cafe the tranfaction relates entirely to the manager, and he
is entitled to all the profit as well as fubjedt to the lofs or debts that
may refult from it: or, where a manager lays out, in purchafing
goods, more than the amount of the capital, iu which cafe what is
tantamount to the Hock is confidered as belonging to the MozAribat^
and the profit, lofs, or debts refulting from the excefs, relate folely
to the manager: or, where the flock confifls of dirms and deenarsy and:
the manager, purchafes fomething in exchange for articles of weight,
meafurement o f capacity, or of tale; for, in that cafe, as>the manager
makes the purchafe with fomething elfe than the flock, it is.
confidered as an IJiiddnit, and operates entirely with refpedt to the
manager; that is to lay, the profit, lofs,. and debts arifing from it,,
relate entirely to him, and not to the proprietor of the flock; the
reafon of which is, that IJiiddnit is a tranfadtion with refpedt to other
property than the capital; and as. the agency is confined' to the capital,,
the manager is of courfe not competent to flicb tranlaction.— More,
over, the property, in this cafe, exceeds the amount of that which
was the fubjedt of the contract, to which the proprietor has not af-
fented; and although, in fuch excefs of property, there be advantage,,
yet it is not free from the rifk of lofs, and of its producing debts.— If,
however, the ftockholder give his- aflent to the IJiiddnit-, then* the
thing which the manager may have purchafed is participated between
him and the flockholder, in the manner of a. Shirkat Wadjoah, or
partnerihip upon perlbnal, credit*, which lignifiesj where two perfons-
are partners without either flock or labour, and purchafe fomething
upon credit, to be paid for at a future period, and fell it again. O f the
third fpecies of acts in MozAribat is alio the taking of S fa tja , which
is a fpecies o f IJiiddnit, and the giving o f S fa tja , which refembles a
loan.— Sifatja means the delivery of property to another by way of
loan, and not by way of trujl, in order that that other may deliver it
to fome friend of his; and the objedt of it is to avoid the dangers of the
* See Vol. II. p. 324.
4 road.
£ h a p -. IV. M O Z A R I B A T. 245
road.— In the fame, manner alfo emancipation, either in exchange
for property, or without property in' exchange, and contrafts of K i-
tdbat, are of the third fpecies of adts in MozAribat, as not being in the
nature of traffic:— and the -fame of gifts, loans, and charities, which
are. mere gratuitous- adls.-
P f ’isn o t permitted to *a’ manager, according to Haneefa and Mohammed.,
to join in.marriage male and female flaves which are of the
flock of the eontradt;— It is recorded as an opinion of Aboo ToofaJ',
that hemayeontradtrinmarriagea female but not a male Have, be-
eaufe the beftowing of a female flave in marriage i s : in the nature of
acquifition, fince her dowser is obtained from it, and her maintenance
annulled.— The argument of Haneefa and Mohammedis, that the be-
ftowing of a female flave in marriage is not in the nature.-of traffic,
and a eontradt of Mmdribat includes only agency in fuch things as re-*
late to traffic,, whence this is the fame as the making a Have Mokdtib, .
er the emancipating him in exchange for property.; for in both thefe
cafes there is-an acquifition of property;,but as neither of them relates
to traffic, they are not included, in.a ■ contradl of*MozAribat; .and-fo
alfo in the cafe.in queftkm..
ft'the manager dèliverany part of the MozAribat Hock to the proprietor,
as-a BazAt, and he make purchafe and fale with it, it continués
to belong to the MozAribat flock, in the fame manner as before.
Z'tfer fays that fhe MozAribat is annulledj . becaufe the proprietor,. in
this inffance,, adts with what is his own, and he is incapable of bein,®-
the manager’s agent in' work which he performs with hife‘own property:
the proprietor, therefore,, on this occafion, may.be faid to
Have taken back fo much of the MozAribat flock ; whence it is -that a
eontradt o f MozAribat is not valid where the labour of the proprietor is
ftipulated for at the time of making the eontradt.— T h e argument o f
our dodtors is* that after-the MozAribat flock has been-duly delivered
fo the manager, and taken pollcliioii of by him,. and the manager-has
thus
A manager
is not allowed
to contradl
male and female
flaves
(forming a
part o f the
flock)in marriage
to each
other.
Any part *of
the flock delivered
by the
manager to
the proprietor
in the manner
o f a B a zai,
ftill continues
to appertain
to the Moza-
rihat -flock.