2 6 A G E N C Y . BB oo oo kk XXXXII II II..
other in the relation of buyer and feller;)— after which the contradt
of fale (which is fuppofed to exift between the agent and conftituent)
is diffolved, and the right of property in the flave becomes vetted in
the agent.
or according
to the declaration
of the
Jelltr.
I f a perfon defire another to purchafe for him a fpecific flave, without
mentioning the price, and the agent accordingly purchafe the faid
flave, and they then dilagree in regard to the price, (the agent af-
ferting that he had paid one thoufand dirms, aiid the conftituent aflert-
ing that he had only paid five hundred dirms,) in this cafe, provided
the feller authenticates the declaration of the agent, his aflertion,
corroborated by an oath, mutt be credited.— Some have faid that an
oath is not to be exadted in this inftance, fince the doubt arifing from
the difagreement is removed by the verification of the feller: in oppofition
to the preceding cafe, where the feller is fuppofed to be
abfent.— Others, again, have faid that in this cafe alfo an oath is re-
quifite. Mohammed alleges that as, after the'receipt of the price, the
feller is, as it were, a f ranger to both the agent and the conftituent,—
and, even before the receipt of the price, is in the relation of a ftranger
to the conftituent,— his affertion can have no effedt in regard to a difagreement
between the conftituent and agent; and confequently, that
an oath is requifite. This is alfo the opinion of Aboo Manfoor; and
it is the moft authentic dodtrine.
S E C T . II.
O f the Appointment o f A g e n t s , by S l a v e s , fo r the Purpofe
o f purchaftng their own Perfons in their own B eha lf*.
If a Have fay to a perfon, “ purchafe me, in behalf of myfelf,
“ from my matter, for one thoufand dirms f ,” (at the fame time delivering
the one thoufand dirms,) and the faid perfon accordingly purchafe
the flave from his matter, in behalf of the flave, he [the Have] be-
comes free; and the right of Willa remains with the matter; becaufe
the fale of the perfon of the flave to the flave himfelf is here interpreted
in its metaphorical fenfe, (that is, the liberation of the Have,)
as the interpretation of it in its literal fenfe, (namely, the exchange
of property for property,) is here unattainable: the flave’s purchafe of
his own perfon, moreover, is in fadt an agreement on his part to accept
his freedom in exchange for his property; and the agent {lands
merely as a mejfenger, becaufe none of the rights of the contradt reft
in him:_the cafe is, therefore, the fame as i f the flave had purchafed
his own perfon: and as the fale of the flave is, in fadt, an
emancipation of him on the part of the matter, he is therefore entitled
to the right of Willa.— If, however, the agent fhould not particularly
fay and explain to the matter that he purchafed the flave on
behalf o f the fa v e ; but, on the contrary, Amply fay “ I have pur-
“ chafed a particular flave of yours;” in that cafe the flave becomes
the property of the purchafer; becaufe thefe words, in their literal
fenfe, are ufed to exprefs an exchange of property for property, which
is here pradticable, and confequently.followed: in oppofition to the
* T h a t is, with a view to their emancipation.
f In other words, w purchafe my f r e e d om fo r one thoufand d irm s ,.”
E a
A Have may
employ a
perfon to purchafe
his freedom
from his
matter.
former