37ó )
H E D J TA,
B O O K XXXII.
O f M O K A T I E S,
KI T A B A T , in its literal fenfe, fignifies a Have purchafing his
own perfon from his mailer, in return for a fum to be paid out
of his earnings,— according to the expofition in the Jama Ramooz.—
(From what oc'cur-s in >the courfe of the prefent work it appears that
the literal meaning of Kitabat is junElion, or union.')— In the language
of the l a w it fignifies the emancipation of a Have,— with refpecl to
the rights of poffeffion and aftion (in other words, the conveyance
and appropriation of property) at the time of the contrail, and with
refpedt
C h a p . M O K A T I B S . 377
refpecl to his perfon at the time of his paying the confideration of
Kitabat *.
Chap. 1. Introductory.
Chap. II. O f invalid Kitabat.
Chap. III. O f ACts lawful to a Mokatib, or otherwife.
Chap. IV. O f a Perfon tranfadling a Kitabat on behalf of a
Slave.
Chap. V . O f the Kitabat of Partnerlhip Slaves.
Chap. VI. O f the Death or Infolvency of the Mokâtib; and of
the Death of his Mailer.
C H A P . I.
I f a perfon offer to conllitute his male or female Have a Mokatib, in a contraft o f
return for a certain property, and the Have alfent, it is valid, and the K,taha.‘ is Ta‘
Have becomes a Mokatib.— This tranfatlion is valid, becaufe G o d has flavc’s’^Tent.
faid, m the K o r a n , [fpeaking of Haves,] “ G r a n t t h e m a c o -
“ V E N A N T IF Y E k n o w g o o d i n t h e m ; ” — which precept, how-
■ T ills , for the fake o f brevity, the traflator has in general rendered ranfom.— The
M olovm feem to be miftaken in their definition o f the litera l fenfe o f Kitabat, what they
itate as fuch being rather the occafional than the prim itive meaning o f the term.__Kitabat in
H I Lmeans (agreeably to the fenfe o f it root) an indenture o r covenant, whence a
Mokatib might with propriety be defined a covenantedJIavc.
V o l . III. C c c ever