40 2 M O K A T I B S . B o o k XXXII,
ment, fince where punifhment is not remitted the fine is not due:
hence the fine is regarded as a debt o f trade. In thAftcond cafe, on the
contrary, the debt is not eftablifhed with refpedt to the mafter; be-
caufe in this inftance the obligation of the fine is on account of an. erroneous
marriage; and as marriage is neither a branch of traffic nor
a means of acquiring property, it is not comprehended in a contraft of
Kitabat,, in the fame manner as bail is not comprehended thereifi.-—
The payment of the fine, therefore, in this inftance, vts delayed until
the Mokdtib fhall have become free; in the fame manner as, if a Mo-
kdtib enter into a contradt. of bail, he cannot be fued upon it until
he have obtained his freedom, bail not being a branch of traffic.
If .a Mokdtib purchafe a female flave by an invalid contradt, and
cohabit with her, and then return her to her owner, he may be fued
for the fine during his Kitabat; and the fame of a Mazoon, or flave
licenfed to trade; becaufe this.is a circumftance appertaining to traffic;
and tranfadtions are fometimes valid arid fometimes invalid; and Kitdbat
and licenfe to trade comprehend both valid tranfadtions and invalid fin
the fame manner as agency;— in other words, if a perfon appoint'another
his agent for purchafe. or fale, (for inftanfce,} the agency comprehends
both valid and invalid purchafe or file; and fo alfo in the
prefent inftance.— T h e tranfadtion is therefore eftablifhed as affedting.
the mafter. ' ' ‘ ‘
S E C T I O N .
A M o katiba,
b e a r in g a
c h i ld to h e r
m a fte r , m a y
u n d o th e c o n -
t r a d , a n d
If a female Have, having, been, made a Mokatiba, bear a chiMtO'
her mafter, fhe has it at her option either to adhere to the contract of
Kitabat, or to incapacitate herfelf from paying ranfom, and to become
an Am-Walid to her mafter ; becaufe here exifts two caufes of freedom,
dom, in virtue of one of which freedom may be obtained immediately,
but for a confideration,— and in virtue of the other it may be obtained
after delay, but without any confideration.— She has therefore an option
o f either.— The parentage of her child is moreover eftablifhed in
the mafter, and the child is confequently free, although it be an ac-
quifition of the female flave.; becaufe the claim laid to it by the mafter
is tantamount to manumiffion; and as the mafter has it in his power,
without any particular motive, to emancipate the child where it is W
fprung.from him, it .follows that he is entitled, a fuperiori, to emancipate
it under a claini; and the mafter’ s right of property, exifting
with refpedt to the flave, fuffices for the purpofe of rendering valid
IJleel&4 under a claim. It is to be obferved that if the female flave in
queftion adhere to her contradt of Kitabat, fhe is entitled to a fine of
Akir from her mafter, becaufe her perfon and the ufe of it are her ex-
clufive right, as was before explained.
b e c om e h is
A m -W a lid >
I f the Mokatiba, in the above example, adhere to the contradt o f o r , Jfihead-
Kitabat, and her mafter die, fhe becomes free, as being his Am -' contraa^ftie
Walid', and her ranfom is remitted. If, on the contrary, fhe fhould '“ venhelers
die, and leave property, her ranfom is paid out of that property, and u p o n h is d e -
whatever remains goes to her child, in virtue of inheritance,' accord- outranfo'm"
mg to the intendment of the contradl. If, however, fhe leave no
property, yet her child is not required to perform emancipatory labour,
as it is free at all events.
If the Mokatiba mentioned in the above example bring forth an- i f i h e b e a r a
other child, it is not incumbent upon the mafter to father i t ; becaufe znddit''^’
it is not lawful for him to have carnal connexion with her:—If, there- fofyent, th is
fore, the mafter jfhould not claim this child, and fhe die, without p e r fo rm
leaving effedts to difcharge her ranfom, this child muft perform email-.:
«ipatory labour, as being a Mokdtib, in confequence [as a dependant] ithe mafter
of the mother.—If, however, the mafter afterwards die, the child is
free, and is excufed.from emancipatory labour, as Handing in the
F f f 2 , predicament