T h e argument of Haneefa is that the mention of to-morrow is, certainly
by way of a condition.— T h e mentioning this day, moreover,
cannot be conftrued to imply fixing a time, for otherwife-the contratj;
of hire would be invalid, becaufe of its uniting time and work. Such,
therefore, being the cafe, it follows that two fpecifications are united
in the mention o f to-morrow, not in the mention of this day: confe-
quently the contrail with refpedt to this day is valid, whence the hire
mentioned is due, [in cafe of the work being finilhed within the day,;,]
but it is invalid with relpedt to to-morrow, whence [in cafe of the
work being finifhed on the morrow] a proportionate hire is due,—.not
exceeding, however, half a dirm, as that is what was fpecified for tomorrow.—
With refpedt to the quotation from the Jama Sagheer upon
this fubjcct, that “ he is entitled to. his proportionate hire, not being
“ lefs than half a dirm, nor more than one dirm,” the ,ground on
which it proceeds is, that the firft fpecification does not become, ex-
tindl on the fecond day, becaufe then both fpecific-ations units; regard,
therefore, is had to it, with refpe£t ,to preventing any excefs beyond
it; and to the fecond fpecification, with refped to preventing any deficiency.—
If, in the cafe in queflion, the taylor finilh the garment on
the third day, he gets whatever is leaf! of the two, his proportionate
hire, or half a dirm. This is approved; becaufe, as the hirer, was unwilling
to have the work delayed for one day, it follows that he was
ftill more unwilling to have it delayed longer than one day!
Cafe of hire
o f a jhop, under
an alternative
with
refpeét to the
bufmefs to be
carried on in
it;
I f the leffor of a Ihop fay to a perfon about to hire it, “ I f you
“ place a perfumer in this Ihop 'the rent is .one dirm, or i f a black-
fmith, it is two,’;’ the contrad is valid, and the leffor is entitled to.
one or other of the rents fpecified, according to which of the two
trades may be exercifed in the Ihop. This is the dodlrine of Hancefa,
The two difciplés maintain that a cpritradt thus expreffed is invalid.—
In the fame manner, alfo, : if a perfon hire a houle, under this condition,
that “ if he .refide in it himfelf, the rent Ihall he. one dirm,.
“ or if he place a blackfmit'h in it, the- rent Ihall be two dirms f . it is
vahdi
valid, according to Hancefa, whereas the two difciples deem it invalid.—
If a perfon hire an animal to Heera for one dirm, under a condition
that if he proceed on to Kadfieea he Ihall pay two dirms, it is
valid.: and in this inftance, alfo, the above, difference of opinion may
be inferred; that is to fay, this example is ftated in the book .[of Ka-,
'dooreg] generally, without mentioning any difference,' o f opinion; but
it bears the conftrudion of a difference of opinion, and alfo o f an agreement
of opinion.— I f a perfon hire an. animal to Heera, under this
condition, that “ if he load it with a Koor of barley he Ihall,pay one
“ dirm, or if with a Koor of wheat he Ihall pay two dirmsfi: it is valid
according to Haneefa. T h e two difciples maintain it to be invalid__
The ground on which the two difciples proceed is, that in all the in-
ftances here recited the thing contracted fqrjs u n c e rtain ; and in the
fame manner, thé hire, as being one of two things, is alfo uncertain;
and uncertainty occafions invalidity.— It is otherwife in the example of
making up apparel after tht Perfatt o r thp Turkifh falhion, becaufe
the hire is due on account of the work, and in this inftance the uncertainty
is removed as foon as the work is begun; whereas in the
examples in queftion the hire is" due on account of the relinquilh-
ment and delivery of the houfe or animal, whence the uncertainty
Hill continues, becaufe after delivery,- in cafe o'f no ufe-’ beifig madeeitf
the article, it is not known which of the two hires fpecified is due,
(for it is a principle, with the two difciples, that hire is dusa-nn account
of relinquilhment and delivéry.)— The argument of Haneefa is
that, the leffor, in the cafe in queftion, gives the leflee an option of
either of two valid contradis, of different deferipions ; Tor the . hirer
himfelf refiding in the houfe :is different from rhishplacing a\bkdkfmith
to refide in it; and fuch being the cafe, the contradt is valid, in the
lame manner as in the example of making up apparel after the Perfian
or the Purkifh falhion.-—With relpedt to what is advanced by the two
difciples, that “ the hire is due on account of relinquilhment and de- -
“ livery, whence the uncertainty ftill continues,” it may be replied
that the defign of the contradt of hire is advantage or ufufrudb; becaufe,
and o f an animal,
under a
condition
with refpeét
to the journey
it is to perform,
or the load it
is to carry.
as