K !tab at by an
infidel, în
confideration
of an unlawful
article, is
valid ;
and i f either
party embrace
the
faith, the value
o f the article
is due ;
but the Have
is free without
the value,
i f the mailer
take poffef-
fion o f the
article.
I f the Have
be a Mujful-
tnan the contra#
is invalid.
If a Chriftian create his {lave a Mokdtib in confideration of wine;
it is lawful, provided the quantity of the wine be Specified, and the
(lave be an infidel, becaufe wine, with refpefl to infidels, is the fame
as vinegar with refpect to Mujjulmans.— The contract is therefore
valid; and if afterwards either of the contrafling parties embrace the
faith, the mailer is entitled to the value of the wine, as Mujfulmans
are.prohibited from either making conveyance or taking pofleflion of
that article.— T h e l a w , in this example, is different from that in the
cafe of a Zhnmee felling wine to another Zimmee\ for if one of thofe
afterwards become a Mujfulman, the fale (according to fome) is invalid.—
T h e reafon of this is that the value of the article named is
capable of conftituting the ranfom, upon the inflant of the contrail,—
(for if a perfon were to create his {lave a Mokdtib in confideration of a
Wafeef, or flave-boy, and the {lave make a tender of the value,. the
mailer may be compelled to accept it,)—and fuch being the cafe, it
follows that it is alfo capable o f conftituting the ranfom in the endurance
of the contrail.—.A valid fale, on the contrary, cannot be
concluded in confideration of the value of the thing named-— Hence
there is an evident difference between Kitabat and fale.
If a Chriftian create his infidel Have a Mokdtib in confideration of
wine of which the quantity is known, and one of the contradling
parties become a Mujfulman, and the mailer afterwards take pofleflion
of the wine, the Have becomes free; for a contrail of Kitabat pol-
fefles the property of a contrail of exchange; and confequently,
upon the mafter obtaining one of the two confiderations, the Have
is entitled to the other, which cannot be obtained without his
freedom.
If a -Chriftian create his Mujfulman Have a Mokdtib in confideration
of wine, the Kitabat is invalid, although the quantity of the wine be
afcertained, becaufe as a Mujfulman is incapable of undertaking any
obligation
obligation for wine, the contrail is confequently unlawful.— Not-
withftanding this, however, if the Have deliver the wine he is free,
for the reafons explained in the beginning of this chapter.
C H A P . III.
Of Ads unlawful to a Mokdtib, or otherwife.
I t is lawful for a Mokdtib to buy and fell, and to remove from place a MM,il
to place; becaufe it is a requifite of a contrail of Kitabat that the Mo- may bur a,ld
kdtib become free with refpeil to his ailions, in fuch a degree as may move f l T
enable him independantly to perform whatever may be neceftary to- Placet0Place:
wards the attainment of the defign, namely, the obtainance o f freedom
in return for ranfom; and of this nature are purchafe and fale,—
and fo likewife journeying from place to place, fince it niay poffibly
happen that traffic is not to.be found in one particular fpot, and confequently
that there is a neceflity for removing.
It is lawful for a Mokdtib to execute a Mohabdt *, as that is a and execute»
tranfailion of traffic, fince merchants fometimes buy or fell in the M°hab'a‘ -
manner of Mohabdt in one bargain, in order that they may derive a
profit upon fome other bargain.
* Mohalat means buying an article at an ever-value, or felling it at an uitder-vahe
1C is fometimes done with a view to induce the party to engage in fome other trar.fac-
°n o a more advantageous nature. It is fully treated of elfewhere