A porter is
not made refponfible,
by
any immaterial
deviation
from the pre-
fcribed road.
Any injurious
deviation
from the pre-
fcribed culture
o f hired
land induces
a proportii n-
able refponfi-
biiity.
fore, in faftening a pack-faddle upon the afs, aEts contraiy to his en-
'racretnent with the owner, in the fame manner as a perfon who hires
an animal to carry wheat, and loads it with iron.
If a perfon hire a porter to carry a load of wheat to a certain place,
by a particular road, and he take another frequented road, and the
wheat be loft, he is not refponfible; and if he carry the wheat fafe to
the place, he is entitled to his hire.— This proceeds upon the fuppofi-
tion that the roads are not widely different, for in this cafe the reftric-
tion to either in particular is ufelefs.— Where, however, the roads afe
widely different, that taken by the porter being dangerous or round
about, or of difficult paflage, the porter is refponfible in cafe of the
wheat being loft, fince the reftriEtion is of ufe in this inftance, and
therefore valid.— It is to be obferved that Mohammed does not make
this diftinEtion, but alleges that the porter is not refponfible If he
carry his load by any other than the road fpecified, provided it be-one
commonly ufed; becaufe, where it is a beaten path, there is no apparent
difference between the two.— If, on the contrary, he carry the
load by an unfrequented road, and it be loft, he is refponfible for the
value, as the reftriEtion is valid, and the porter aEted contrary to his
inftruEtions.— I f, however, in this cafe, he -carry the, wheat fife
to the place, he is entitled to his hire ; becaufe upon fo doing
his deviation from his orders is- rectified, and the end -is obtained.
If a perfon hire land for the cultivation of wheat, and fow therein
trefoils or clover, he is'refponfible in proportion 'to’the damage the land
fuftains, becaufe the cultivation o f any fpecies of grafs-'* :is-mdre injurious
to the land than the cultivation of wheat, -as thofe tequire more
water, and their roots fpread more in the ground.— In this inftance,
* T h e term, in the original, is RaiM, which applies t o all 'the more fuccillent fpecies
o f field herbage.
therefore,
therefore, .the leffee has acted contrary to his agreement with the lef-
for, inafmuch as he had done a thing more injurious to the land than
what the leffor had fpecified.— But if the leflor require this compenfa-
tion, he is not entitled to any rent, as the leffee in that cafe ftands as
an ufurper, becaufe o f his acting contrary to engagement, as before
explained.
If a perfon deliver a piece of cloth to a taylor, directing him to a taylor is remake
it into a Peerdhin, or fhirt, for a particular hire, and he make for
it into a Kabbd, -or fhort veft, the perfon has it in his option either to from his or-
take a compenfation. from- the taylor for his cloth, or to receive the ers‘
Kabbd, paying him an adequate hire, which, however, is not to exceed
what had been at firft agreed upon.—This is according to the:
~Ztihir Rawdyet.— Some have laid, that the Peerdhin is merely a Kabbd,.
or veft, of one fold.— Others, again, fay that the Peerdhin is not particularly
reftriEted to a veft of one fold, as- both are ufed indiferimi-
nately at all feafons.— It is- reported, from Haneefa, that the proprietor
of the cloth is to take a compenfation from the taylor, and , that
he has-no option of any thing elfe; becaufe, as the Kabbd is a fpecies
of apparel totally different from the Peerdhin, the taylor ftands in the
predicament of an ufurper.— T h e rea'fon of the doEbrine, as reported!
from the Zdhir Rowdy el, is that the Kdbba is in-one ffiape a Peerdhin,
as it is occafionally ufed inftead df the Peerdhin, and in another -view
it is not fo.— -Hence there-is both a fimilitude and a.diffinailitude.; and.
accordingly-theiproprretor o f the cloth has -it at his option to-take a;
compenfation for the value, (in which cafe the cloth becomes tlienro-
perty of the taylor,) or, to take the Kabbd, paying an. adequate hire t.
— an. adequatehire 'only is due, becaufe the taylor-has not com—
pleatly -fulfilled his -a g r e em en ta n d -it muft -not exceed what
was at •firft.-ag.reed’ upon, -as-obtains in aU cafes-of invalid-hire..
iF -aiperfon deliver a {piece of doth -to -a -taylor, dinedting-him to.-
make -it into a Kdbba, and -he intake it hito ’&Shilwar, or drawers,
fome