where he fets fire to the ftubble during a calm, the wind rifing afterwards;—
for if he fet fire to it whilft the wind is blowing, he is re-,
fponfible, as he mull in fuch cafe be fenfible that the fire will extend
beyond his land.
A tradefman
may unite
with another,
for a moiety
o f the hire
acquired
upon the
work.
I f a fuller, taylor, or dyer, who keeps a public fhop, and is pof-
feffed of credit, but unfkilled in his trade, place any perfon in his fhop
who is {killed in the bufinefs, with a view that he fhall himfelf procure
cloth to be wrought upon, and the perfon in queftion work with it,
under a condition that a moiety of the recompence or hire fhall go to
him, .this is lawful and valid, as being a Shirkat Wadjooh, or partner-
fhip upon credit; becaufe, as the fhop-keeper procures the cloth to be
wrought with upon his own credit, and the perfon in queftion works
upon it, the ends of both parties are thus completely anfwered;—
neither is the uncertainty with refpect to the amount of the time injurious.,
fince that mull; he in proportion to what is acquired.
Hire of a I f a man hire a camel to carry a'litter with 'two perfons to Mecca,
ITitrwiti? it is valid, on a favourable conftrudtion,— and he is at liberty to put
two perfons. Up 0 n the camel a litter of the ufual dimenfions.— Analogy would fug-
cell; that a contract of this nature is invalid, (and fuch is the dodtrine
of Shafei,) becaufe the quality o f a litter, with refpedt to its length,
breadth, and weight, is uncertain, and may poflibly occafion difputes.
The reafon for a more favourable conftrudtion of the l aw , in this in-
jftance, is that the intent of the rider is merely the conveyance of his
perfon upon the animal, the litter being a fubordinate confideration.
Befides, as any uncertainty is removed by fuppofing the litter to be
fuch as is commonly ufed, there can be no occafion for contention.—
T h e fame rule holds, although the owner of the camel fhould not
have feen the carpet and other appurtenances.— It is, however, preferable
that he view the litter, &c. as thus uncertainty is removed,
and h.is affent indubitably eftablifhed.
If a perfon hire a camel to carry provifions upon a journey, he is A fumpter-
entitled to load, the camel with other articles during the journey, in Se^wUh'5
proportion as the provifions are confumed, becaufe, as being; entitled other article3
, . , . . . . . . “ proportion
to the carnage of a Ipecinc load ror the whole journey, he is therefore as the provientitled
to exact fuch carriage complete.— T h e fame rule alfb holds ^"arecon-
with refpedt to anything elfe befides provifions, provided it.be an ar- fumed*
ticlfe of weight, or meafurement of capacity.
O bjection.— It is.not cuftomary for travellers to impofe any ad--
ditional load, upon an animal in lieu of the provifions they, eonfume •
upon the way ;— and as abfolute contracts mull be conftrued agreeably
to cuftom, it' would' follow that it is .not: lawful to load the animal:
with other articles in lieu of the confumed provifions.
R e p l y .— Cuftom admits of,either conftrudtion, fince in.fome in-
Rances it is ufual to fupply the defedt in the article confumed, as in the
cafe o f water, for inftan.ee—and where cuftom is various, it is preferable,,
in abfolute contradts,, to act- agreeably to the requifites of
them..
H E D A T A .