and Haves If a perfon become proprietor of a relation within the prohibited
degrees, fuch relation is free, -(as has been explained under the head
of manum'ijfion, ) and the Willa of him belongs to his perfon, as he is
emancipated from his property.
In the emancipation
o f a
pregnant female
ftave,
the W illa o f
the foetus belongs
to her
emancipator:
but i f flit be
not delivered
within fix
months from
the date o f
her manumif-
fion, it may
fhiftfromhim
to the fa th er $
emancipator.
If a Have marry the female Have of any perfon, and Ihe become
pregnant, and her mafter then emancipate her, Ihe is accordingly free,
together with the foetus in her womb ;— and the Willa of the foetus
belongs to her mafter, and never can fhift from him ; becaufe he has
emancipated it, not as a dependant of the mother, but independantly,
and of itfelf, as being a portion of the mother, and it is capable of being
fo emancipated.— The Willa o f the child, therefore, cannot fhift from
him, becaufe the prophet has faid, “ I ’he W i l l a belongs ta the per-
“ fin who emancipates.” — T h e fame rule holds if the female ftave be
delivered of a child at any time fliort of fix months from the date of
her manumiflion, becaufe in this cafe the exiftence of the foet us at the
time of manumiflion is certified. T h e fame rule alfo holds’ if Ihe be
delivered of two children, one within the fix months, and the other
after they have expired ; becaufe thofe are twins, as having been begotten
from one feed. It is otherwife where a female Have, being
pregnant, enters into a contrait of Mawalât with any perfon, and
her hulband alfo enters into a fimilar contrait with any other perfon;
for in this cafe the Willa of the child belongs to the mafter of the
father, becaufe an embryo cannot of itfelf be a party to a Mawalât
contrail, as that is concluded by propofal and acceptance, of which an
embryo is incapable.
If the female Have mentioned above be delivered of a child after
fix months from the date of manumiflion, the Willa belongs to the
mother s mafter, becaufe the child is in this cafe free as a dependant óf
the mother, and is therefore a dependant o f her with refpeit to the
Willa.- As, however, in this cafe, it is'not certain that the child ex-
ifted at the time of manumiflion, fo as that it Ihould be emancipated
independantly
independantly and of itfelf, if the father be afterwards emancipated the
WiUa Ihifts from the mafter of the mother to the mafter o f the father,
becaufe o f the child having become free, not o f itfelf, but depend-
antly. It is otherwife where Ihe produces a child within fix months,
for in that cafe the Willa would not Ihift from the one mafter to the
other. The ground o f this is, tin t Willa Hands in the fame predicament
with parentage; for the prophet has faid, “ W il l a is a rela-
“ ttonfhip as much as the relationfhip ofparentage, and cannot be fold, or
“ given away, or inherited." In the fame manner, moreover, as parentage
is eftablilhed on the part of the fa th er, fo alfo is Willa. Be-
fides, the Willa was referred to the mother’s mafter, o f neceffity,
merely becaufe of the father’s incapacity: but upon the father becoming
capable, the Willa reverts to his mafter;—in the fame manner
as the child of an alfeverating woman * is of neceffity referred to
her family; but i f her hulband afterwards retrad his alfertions the
parentage of it is then eftablilhed in him.— It is otherwife where a female
Have is emancipated during her edit from the death of her huf-
band, who was a Mokatib, and who has left effects fufficient to dif-
charge his ranfom,-and Ihe brings forth a child at any time within
two years from the time of his deceafe; becaufe in this cafe the Willa
of the child appertains to the mafter o f the mother ; for as it is here
impoffible to refer the conception to a period fubfequent to the father’s
deceafe, it muft therefore be referred to fome time during his life;_
and as the foetus exifted f at the time of her manumiflion, the Willa
of it therefore belongs to the mother’s mafter, fince he has emancipated
thé child by itfelf and independantly. It is alfo otherwife where
a female Have is emancipated whilft in her Edit from divorce, and brings
forth a child within lefs than two years from the date of her manu-
miffion; for in this cafe alfo, notwithftanding her hulband be emancipated,
the Willa of the child belongs to the mother’s mafter, whether
* Meaning a woman repudiated in conference of Laan.
t Meaning “ the child exifted as (or, in thefate o f) a feetus."
V o l . III. l j i
the