or two thirds
of his 'value,
i f the ranfom
fall fhort o f
that.
degree lawful for him to pollpone the payment to the term of credit
Specified.— T h e argument of the two Elders is, that the fum in question
(namely the two thoufand) is the confideration for the whole of
the Have’s perfon, whence it is that the laws concerning confide rations
obtained with relpecl to i t ;— and as the right of the heirs is connected
with the return, namely, with the Have’s perfon, fo it is in the fame
manner connected with the confideration for the perfon.— Now ao-ree-
ing to pollpone the confideration is in one fhape a dereliction; and it
is therefore regarded as applying to one third of the whole property
named. It is otherwife in the cafe of Kboola; becaufe as, in that
cafe, the confideration is not oppofed to property, the rio-ht of the
heirs is not connected with the return, namely,-the ufe of the woman’s
perfon, whence it is that their right is alfo unconnected with
the confideration for it.— Analogous to the difference of opinion in the
prefent inftance, is that which obtains in the cafe of a fick perfon
idling his houfe, valued at one thoufand dirms, for three thoufand, on
one year’s credit, and then dying, and leaving no effects except’ the
price abovementionedfor in this cafe, according to the two Elders,
tlVe purchafer- muft be required to pay down two thirds of the whole
price immediately, and the remainder within the time promifed, or
to diflolve the contraft of fa le w h e r e a s , according, to Mohammed,
regard is had to the third of the value, not to the third of what exceeds
the value; the reafons o f which have been explained above.
I f a fick perfon make his Have, valued at two thoufand dirms, a
Alokaiib for one thoufand, on a credit of one year, and then die, leaving
no property except the Mokdtib, and the heirs do not confirm the
credit, he [the Mokdtib] muft pay down two thirds of his value immediately,
or he again becomes an abfolute Have, according to all our
doftors; becaufe as this cafe involves a Mohabat with refpeCt both to
the flave’ s value and to the credit granted, regard is therefore had to
one third with refpeCt to both.
C H A P.
C H A P . IV.
Of a Perfon tranfa&ing a K ita b a t on behalf of a Slave.
I f a freeman agree to a contract of Kitabat on behalf o f a Have, on a A lla ve isfre e
confideration of one thoufand dirms, in this cafe, provided he pay ^ r°f“na"°nther
thole thoufand on behalf o f fiich Have, he [the Have] is free; or, i f the tta£‘n& f°r
Have receive intelligence of the contract, and accede to it, he becomes hUrlntn;
a Mokdtib. T h e nature of this cafe is that a free perfon fays to the Z ' “oiheen'
matter o f a Have, “ make your Have a Mokdtib, in confideration o f one gagen»enthe
“ thoufand dirms, on this condition, that i f I pay you the faid thou- » S t *
fand, he fhall be free,” — and the mafter accordingly makes his Have
a Mokdtib,— in which cafe he [the Have] is made free by the freeman
m queftion paying the money, agreeably to ftipuiation:— and i f the
Have accede upon receiving intelligence of the tranfaftion, he becomes
"a Mokdtib, becaufe' the contract was fufpended upon his confent, and
his acquiefcence is confent.— If, in this cafe, the freeman in queflion
were not to add, as above, “ on this condition, that if I pay you the
faid thoufand, he fhall be free,” and afterwards pay the money,
Hill analogy would fuggeft that the Have is not thereby emancipated]
becaufe in this inftance no ftipuiation has been made for his freedom]
rtnd the contract is fufpended, in its effeCt, upon his confent. He is,
however, emancipated in this cafe-alfo, on a favourable conftruCtion]
becaufe an .abfent Have fuftains no injury from his freedom being fufpended
on the condition o f a freeman paying his ranfom. The°con-
traCt o f Kitabat is therefore valid in this inftance alfo, and remains
fh'fpended, in its effeCt, upon the affent o f the Have, merely with re-
■ fpeCt to the thoufand dirms being obligatory upon him.— (Some fay that
this is the cafe ftated by Kadooree. )—I t is to-be obferved that, in this
G g g 2 cafe,