He may leave I f the matter make it a condition with his Mokdtib that he fhall
though’hh" not go forth from fuch a particular place, ( Koofa, for inftance,) ftill
matter have he js at liberty to sro forth from thence, on a favourable confirmation
ftipulated J a . . . . .
othenvife. of the l a w ,— becauie a contrail of Kitabat requires that the Mokdtib
be enabled independantly to poflefs himfelf of what he is to give as a
ranfom, and that he have full power and title with refpeit to his own
perfon, and the advantage to be obtained from his perfonal exertions.
Now the condition in queftion is repugnant thereto. It is confe-
quently null; but the contradl is valid, becaufe the virtue of that
cannot be effedled by a condition of the nature here deferibed.— Befides,
a contract of Kitabat cannot be rendered invalid by the infertion of
fuch a condition; becaufe Kitabat refembles fale, and it alfo relembles
marriage: the contrail in queftion is therefore referred to fale in all
cafes where the infertion of an invalid condition tends to invalidate the
contrail;— (as where, for inftaace, the matter ftipulates for an uncertain
fervice, by faying to his (lave, “ I create you a Mokdtib in
“ confideration of your ferving me fo r a time," — which condition af-
feils the virtue of the contrail, as the ranfom is here made to confift
of fervice for an indefinite term;)—and it is referred to marriage in all
cafes where the infertion of an invalid condition does not tend to invalidate
the contrail;— and it is cuftomary, in praitice, to proceed on
either refemblance.— Befides, a contrail of Kitabat is a manumiflion
on the part of the Have, as being a deftruilion of the property in him;
and as the condition in queftion (that he fhall not go forth from Koofa)
is connected with the {lave, the contrail is accordingly a manumiflion
with refpeit to that condition; and manumiflion is not annulled by
. the infertion of an invalid condition.
He cannot I t is not lawful for a Mokdtib to marry without the confent of his
out the con- matter; becaufe a contrail of Kitabat operates to the removal of re-
m"ft °l hlS ftriilion, (under this qualification, that the Mokdtib ftill continue the
property of his matter,) in order that it may be a means of accomplifh-
mg the defign; and marriage is not a means of accomplifhing the
defign,
defign, as it is not an acquifition of property, but rather occafions the
Mokdtib to be employed in difeharging his wife’s dower, and providing
her maintenance. His marriage is therefore unlawful without his
matter s confent; but it is lawful if he confent, fince he is empowered
in this particular..
It is not lawful for a Mokdtib to beftow gifts or alms, except a He cannot
trifle; becaufe gift and alms are gratuitous aCls; and he is not poflefled beft?wgif“’
of any property in an abfolute manner, fo as to be capable of convey-
mg it.—The conveyance, however, of trifling matters is incidental to
traffic; for it is neceflary that he make entertainments and grant loans,
in order to draw wealthy merchants about him; and a perfon who is
empowered with refped to any thing, (fuch as trade,) is alfo empowered
with refpedl to its neceflary incidents.
It is not lawful for a Mokdtib to become bail; becaufe bail is an Dr become
a£t peculiarly gratuitous, being neither neceflarily incidental to com- bail’
merce, nor to the acquifition of property.—It is therefore unlawful
for him to become bail, whether for the perfon or for property, as
both fpecies of bail are gratuitous.
I t is not lawful for a Mokdtib to grant a Karst-loan, becaufe that or grant a
alfo is a gratuitous adt not neceflarily incidental to the acquifition of Karz Ioan‘
property.—If, therefore, a Mokdtib make a gift of any thing, under
condition of receiving fomething in return, it is difapproved,°as this is
prima facie a gratuitous adl.
If a Mokdtib contraQ. his female flave in marriage, it is lawful, as He may con.
being an acquifition of property, becaufe in confequence of fo contradl- traa his A'
mg her he obtains pofleflion of her dower.—The contradl o i K itabat, ri^nvV"
therefore, comprehends this.