this alfo is lawful, for the fame reafon; and in ' this inftance it is not
requifite that any time be fixed for giving the victuals, becaufe
■ articles of weight, and meafurement of capacity, when defcribed
become a debt, and a debt is fometimes prompt and fometimes deferred,
like price,, which confifts of money.— It is, however, a condition,
with Haneefa, that an explanation be given of the place where
the. victuals are to be delivered, in cafe of any expence (of porterage,
and fo forth) attending it.— T h e two difciples, on the contrary,
maintain that this is not a condition, as has been fully ftated under the
head of Sale.— It is otherwife with refpedt to apparel-, for in that
in fiance an explanation is requifite, not only of the place, but alfo of
thejime of delivery, as well as of the quantity; becaufe clothing is
not conftrued to be a debt except in a cafe of Sillim fale; and as, in that
inftance, a prompt payment is ‘ requifite, fo alfo where the nurfe is
hired for a recompence in clothes, it is requifite that a prompt delivery
be fpecified, as well as the quantity and the quality.
The hirer, in the cafe above ftated, is not at liberty to prevent
the hufband of the- nurfe from having carnal connexion with her • becaufe
as fuch connexion is the hulband’s right, it is not in the hirer’s
power to annul it,— for this reafon, that the hufband, in cafe of his
not being informed of the con trad at the time of concluding it, is entitled
to diflblve it, for the purpofe of preferving his own ri°ht._The
hirer, however, may prevent the hufband from having fuch carnal
intercourfe in his houfe, fince that place is his exclufive ri°-ht._If,
alfo, in eonfequence of fuch connexion, the nurfe prove pregnant,
the infant’s guardians are at liberty to diflblve the contract, provided
there be any apprehenfion of injury to the child’s health from the ufe
of her milk, as is moft probable in fuch in fta n c e s a n d for the fame
reafon alfo, they are at liberty to diflblve the contraft where the nurfe
falls fick.— It is alfo incumbent upon the nurfe to prepare the child’s
victuals by maftication, and to avoid every fpecies of food which might
ƒ roye injurious to her milk, in purfuance-of her duty.— In fhort, in
all
all matters of this nature, regard is had to cuftom, where there is no
divine ordinance. The performance, therefore, o f every ufual fer-
vice to a child (fuch as walhing its linen, preparing its victuals, and
fo forth), is incumbent upon the nurfe. T h e vifiuals, however
muft be provided by the father. With refpeft to what has been ob-
ferved by Mohammed, that, “ it is incumbent upon the nurfe to
“ provide oils and perfumes, "— this is according to the cuftom of
Koofa.,
If the nurfe above mentioned feed the child with »oat’s milk
during the term of hire, ftie is not entitled to, any wages, as not
having performed what was her duty, namely fofterage, or, in other
words, the feeding the-child with milk from her own breafts; for
feeding it with milk from a goat is not fofterage, but merely feeding
,t with milk. Wages, therefore, are not due to her in this inftance
as the has not performed what Ihe had contrafted for.
r . . wtctvci, to maKe it into cloth- in
conf,deration of an half thereof to himfelf, he is to receive a recompence
proportionate to his work; and the fame rule alfo holds i f a
— “ ■ t0 ■ wheat> P ^ n g , in conf,deration, a mea-
, • f tUC W eat> The contrail, therefore, is invalid in both
H ® H becaufe the recompence is made to confift of a thin»
cafe is f b° u ° f thC Perf°n ° r animal hired’ and hence the-
cate s analogous to that of an allowance made for grinding * , 'which
■ B H *7 ■ prophet. (Th e c a f c o f a l L L . f
where , pe,fo„ hire, | . « „ H H H H ■
l Pr0p0: ' “ the « B B B cafe is the'
nhoa, VZ" l * j»dsm m « formed o f the invalidity in'
nftances of hire, more efpecially in our country.) . The rea--
l H W i — i H B H l ^ a r a literal tranfla-
y plained in Vol. IV. m treating of Compass of Cultivation.
A contrat o f
hire, ftipulatw
ing that the
recompence
lhall be paid
from the article
manufactured
or
wroughtupon
is invalid. •
fon