o f the Mok&tib;— and as, whatever is the right of a perfon, the
eaufe thereof is alfobis right, it follows that the Kitabat is the right
o f the Mokatib.— Now a right is not annulled by death, in the fame
manner as a debt owing from any perfon is not annulled by the
death o f that perfon.— T h e contract of Kitabat, therefore, is not
diffolved : but the Mok&tib muft be told to account for his ranlom
to the heirs of the deceafed, agreeably to the payments engaged
for in the contradt; becaufe, as that is the mode in which he is
entitled to freedom, and as the eaufe of his freedom has alfo been
thus preferibed, it confequently continues fo without any alteration.—
it is to be obferved, however, that the mafter’s heirs are
has fubftitutes with refpedt only to receiving or exadting payment
of the raufom.— If, therefore, one of them emancipate his
fhare in the Mokatib gratis, flill his manumiffion-does not take effedt,
as he has not become a proprietor of that fhare, a Mokatib not being
a fubjeft of inheritance.— The ground of this -is that as a Mok&tib
cannot become a property m virtue of any other caufes of right
of property, (fuch as fale, g ift, and fo forth,) fo neither can he in
virtue of inheritance. If, however, all the heirs unite in emancipating
the Mokatib, he is free ; becaufe his ranfom is in this cafe remitted
; for the manumiffion exempts him from it, as it is the
right of the heirs, and ranfom is a fubjedt of inheritance; — and
upon the ranfom being remitted, he becomes free of courfe,— in the
fame manner as where a matter exempts his Mok&tib from ranfom.
— Where, on the contrary, emancipation is granted by only one
of the heirs, an exemption from his fhare [of ranfom] is not efta-
blifhed; becaufe the manumiffion above deferibed is rendered an
exemption, in the manner of an eflential requifite, or thing taken
for granted, in order that the freedom of the Mok&tib may be
valid and effedtual. Now manumiffion is not eftabliffied by a partial
exemption, or a partial payment, with refpedt either to the whole
or to a part o f the Mokatib; and confequently the exemption cannot
8 be
be eftabliffied; becaufe where that which requires (namely, manumiffion)
does not appear, that which is required (namely, exemption)
cannot be eftabliffied ;— and if, on the other hand, the Mok&tib 'were
exempted from the whole of the ranfom, in confequence of emancipation
by a part of the heirs, it would be abfurd, becaufe the right
of the other heirs is connedted with it.
K k k a H E B A T A .