Cafe o f a Have
engaging in
a Kitabat for
himfelf and
another flave.
cafe, the freeman, where he pays the ranfom himfelf, is not entitled
to any thing from the flave, becaufe in fo doing he adted gratuitoufly..
I f a flave agree to a contrail of Kitabat on behalf Of himfelf and
another flave, who is the property of his mafter, and abfent,— in this,
cafe, whether the ranfom be paid by the flave prefent, or by the ab-
fentee, they are both emancipated.— T h e nature of this cafe is that a
flave fays to bis mafter, “ make me a Mokdtib, together with fuch an
“ abfent flave, in confideration of one thoufand cbrmsf and the
mafter makes them Mokatibs accordingly,— which is valid,, on a favourable
conftrudlion.— Analogy would fuggeft that the contrail is
valid with refpeit to the prefent flave only, as he has a power over
his own perfon;— but that it is fufpended with refpeit to the abfentee,
as the one who is prefent has no power over his perfon.— T h e reafon
for a more favourable conftrudlion is, that the' prefent flave, in full
referring the contrail to himfelf, rendered himfelf the principal, and
the abfentee- a dependant;— and a contrail of Kithbat of this nature
is aoreeabls to law ;— as where, for inftance, a female flavg is created
a Mokatiba, 1 in which cafe her children are included in her contrail of
Kitabat, infomuch that they alfo' becpme free upon her paying the
ranfom, Without any thing being incumbent upon them.— It being
therefore- poftible, in this way, to allow validity to the contrail,, the
prefent flave is confequently empowered to agree to the contrail, by
himfelf; and hence” the mafter dsf entitled to take the whole ranfom
from him, [the prefent Have,] fince, as he is principal, it all refts upon
himr but nothing is incumbent upon the abfentee,,'as he is, merely a
dependant.— Whoever, alfo, of the two flayes, pays the ranfom,.they
are both free; and the mafter may be compelled to receive it from
whoever of them makes- a tender of it; —from the prefent. flave,, becaufe
it is from him that the debt is. due; for from the abfent flaye,
becaufe, although the debt be not due from him, yet it is by tne.pay-
ment thereof that he. obtains his freedom;— in the fame manner as
where a pawner makes a tender of his debt; in. which cafe the pawnholder
holder may be compelled to accept it, becaufe of the pawner having
occalion to redeem his pledge, although there be no debt upon his
perfon. Upon either of the ftaves in queftion paying the ranfom, he
has no claim whatever againft the other ; becauie i f the prefent flave
paid it, he in fo doing paid a debt which was owing by him ; or i f the
abfentee paid it, he in fo doing adled voluntarily, fince he was under
no neceflity to pay it. It is to be obferved that the mafter, in this
cafe, cannot fue the abfentee flave for any thing ; becaufe he undertook
for nothing, being merely a dependant, it being the fame thing
whether he confented to the contract or not. As, moreover, the contrail
in queftion is binding upon the prefent flaye, becaufe of its operating
upon him independant of the abfentee’s aflent, it follows that no
change is wrought in it by fuch aflent,— in the fame manner as. where
a perfon becomes bail for another without, his defire, and he, upon
hearing of it, gives-his aflent; in which cafe the effedt of the bail is
not altered, infomuch that if the perfon who thus gave bail ftiould.
pay any thing on that account, the : creditor has no claim upon the
perfon bailed ; and fo alfo in the prefent inftance.
I f a female flave agree to-a contra £t of Kitabat on behalf of herfelf Caft of a Stand'of
her two infant children, it is-lawful;—mid whoever o f them • engaging in
pays the ranfom has a claim-upon the others.for their proportions;— Lrfdfand°r
and upon any one-of-them paying the ranfom they are all free; be- her children..
caufe the female flave eonftituted herfelf the principal, and her children
the dependants, for the reafons ftated in the preceding example;
and Ihe was ftill more -competent than a f ranger-fo to do ..
GIMP,