or create his If a Mokdtih create his Have a Mok&tib, it is lawful, on a favour-
Ihde] flave'a able conftruition. Analogy would fuggeft that it is unlawful, (and
Moktitib; fuch is the opinion of Ziffer and Shafei,') beeaufe Kitabat leads to
manumiflion, with refpect to which he is,not em p o w e r e d in the
fame manner as manumiflion for a compenfation; that is to fay, as, if
a Mok&tib were to fay to his {lave, “ I emancipate you in confideration
“ of one thoufand dirms,” it is invalid, it would confequently follow
that his making his {lave a Mok&tib is alfo invalid. The reafon for a
more favourable conftruition, in this particular, (is that a contrail of
Kitabat is a contrail for the aequifition of property, wherefore the
Mok&tib is empowered with refpect to the point in queftion, in the
fame manner as with refpeit to contracting his female {lave in marriage,
or with refpeit to fale.— Making his {lave a Mokatib, moieover,
may on fome occafions be more advantageous .than fale, beeaufe his
right of property is not deftroyed by the Kitabat until he have obtained
the confideration for it,— whereas his right of property is deftroyed by
fale before he has obtained the price for the article fold, whence it
is that a father or executor are at liberty to enter into a contract of
Kitabat with the Have of their infant ward. As, »therefore, a Mok&-
tib may lawfully create his {lave a Mok&tib, it follows^ that, in confe-
quence of the contrad of Kitabat, his flave is endowed only with
every right with which he is himfelf endowed. It is otherwife in
manumiflion for a compenfation; beeaufe in virtue of that the flave
is endowed with that with which the Mok&tib is not himfelf endowed;
fince in confequence of manumiflion for a compenfation the flave is
free upon the inftant,— whereas the Mok&tib, in confequence of the
contract of Kitabat, only becomes eventually entitled to freedom, but
is not free upon the inftant.
(inwhichcafe If the Mok&tib of a Mok&tib pay his ranfom before the Mok&tib
richVMoUtib {hall have himfelf become free, the Willa appertains to the mafter of
lefts with the tpe Mokatib, beeaufe the property of him vefts in one fhape in the
S mafter.— Befides, as the manumiflion of the Mok&tib's Mok&tib may
lawfully
lawfully be referred to the mafter of the Mok&tib on the inftant of the
contrail, it follows that where it is impoflible to refer it to the contracting
party himfelf, beeaufe of his incompetency, it muft be referred
to his mafter;— in the fame manner as holds with relpeil to a
flave licenced to trade ; that is to fay, if a flave licenced to trade pur-
chafe any thing, the property thereof vefts in his mafter, as it cannot
veft in the flave, fince he is incapable of poflefling property.— If, alfo,
the Mok&tib {hould afterwards difeharge his ranfom, and become free,
{till the Willa of his Mok&tib does not ftfift to him, beeaufe his mafter
had already been conftituted the emancipator, and Willa cannot ftiift
from the emancipator.— If, on the contrary, the Mok&tib's Mok&tib
pay the ranfom to the Mokatib after he [the firft Mokatib] has obtained
his freedom, the Willa [of the fecond Mokatib] refts with him
[the firft Mok&tib,] beeaufe in this inftance the party to the fecond
contrail of Kitabat is capable of having a right of Willa eftablifhed in
him. Befides, he is the original, or (in other words) the perfonal
emancipator, and is confequently entitled to the Willa.
I f a Mokatib emancipate his Have in return for property, or fell his
Have into his own hands, or contrail him in marriage, it is unlawful,
as none of thefe ails are either an aequifition of property, or an appurtenance
to aequifition of property:— the firft (namely, emancipation
in return for property) is not fo, beeaufe that is a derelidlion of right of
property in the flave’ s perfon, and the eftablilhment of it is a debt upon
one who is poor; nor is the fecond fo, beeaufe that is alfo, in effedl,
a manumiflion in return for property; neither is the third fo, beeaufe
the ail of contracting the flave in marriage vitiates and diminifhes his
value, and caufes him to be occupied in difeharging the debt of.
dower, and providing his wife a fubfiftance;— in oppofition to con-
trailing a female flave in marriage, as that is an aequifition
of property, fince by it the dower is obtained, as was before explained.
E e e 2 A rather
He cannot
emancipate
his Have for a
compenfation
; or contract:
his malt flave in marriage: