Definition of
the terms
«fed in hire.
H E D A T A .
B O O K XXXI.
Of I JAR A,, H I R E .
J J A R A , in its primitive fenfe,[Signifies a fale of ufufruCt; namely,
a fale o f certain ufufruCfc for a certain hire, fuch as rent or wages*;]
In the language of the l a w it lignifies a contract of ufufruCl for are-
turn.— (Analogy is repugnant to the validity of hire, as the thing
contracted for, namely, the ufufruct, is a non-entity; and the refer-
ing an inveftiture to a thing which is forthcoming is invalid.— The ]
contraft in queftion is however valid; becaufe mankind Hand in need
of fuch contracts ; and alfo, becaufe the prophet has faid, “ Pay the
“ hireling his wages before the fweat has dried from his b row " and
alfo, “ I f a perfon hire another, let him inform him o f the wages he is \
“ to receive."— T h e hirer or the leffee is termed A jir, or Mdwjir;
and the leflor, or the perfon who receives the wages or rent, is denominated
the Moofdjir.
Chap. I.
Chap. II.
Chap. III.
Chap. IV.
Chap. V .
Chap. VI.
Chap. VII.
Chap. VIII.
Chap,'- IX.
Introductory.
O f the Time when the Hire maybe claimed.
O f Things the Hire of which is unlawful or other-
wife ;— and of difputed Hire.
O f invalid Hire.
O f the refponfibility of a Hireling.
O f Hire on one of two Conditions.
O f the Hire o f Slaves.
O f Difputes between the Hirer and the Hireling'*.
O f the Diflolution of Hire.
C H A P . I.
A c o n t r a c t of hire is not valid unlefs both the ufufruCt and the
hire f be particularly known and fpecified, becaufe o f the faying of
the prophet, “ I f aperfon hire another, let him inform him o f the wages
“ he is to receive
The ufufruft
and the hire
mu ft be particularly
fpecified.
* T h e former o f thefe terms is remarkably ambiguous in our language. I t (ometimes
ferves to exprefs the perfon who lets to hire, a s 'we fpeak o f a man who hires horfes'. F o r
the fake o f accuracy, however, the tranflator has uniformly, in this treatife, employed the
word “ hirer,” to exprefs the perfon who engages the fervice o f another, or the u fe o fa n y
article, as we commonly mean when w e fpeak o f a perfon who hires a fervant, & c .
t Arab. Ujara; meaning the wages, rent, recouipence, & c . according to the fubiedt
to which it applies. J
V ol. III. S f
O b j e c t i o n .