An emancipatrefs
is entitled
to the
W illa o f her
freed-men,
&c. but not
o f their children.
is the Affaba, agreeably to the tradition before quoted. The ground
o f this is, that the Affaba is one who proteds and affifts his family;—
and as a mafter aids and affifts his freed-man, (according to what has
been already ftated,) he is therefore his Affaba. Now an Affaba takes
what remains after paying the portions;— hence the perfon in queftion
takes what thus remains.— If, therefore, the emancipator were firfl to
die, and then his freed-man, the eftate of the latter would go to the
fons of the emancipator, not to his daughters.
A w o m a n is entitled only to the Willa of the perfon whom the
has herfelf emancipated, or of the perfon whom fhe (again) has emancipated,
or of the perfon whom fhe has created a Mokatib, or whom
her Mokdtib has created a Mokdtib, or.of the perfon whofe Willa has
been transferred* to her by her freed-man; becaufe luch is the recorded
opinion of the prophet upon this fubjeift ; and alfo becaufe, as
power, and the right of poflefflng property;1 are eftabliihed in the
perfon emancipated by the ad of the emancipatrefs, this perfon is accordingly
referred (in regard to tht Willa) to her ; and in the fame
manner is referred to her the perfon who is referred to her freed-man.
It is otherwife with refped to parentage "p ; (that is, the Willa of ma-
numiffion may be ellablifhed on the part of a woman, but parentage
cannot be fo eftablifhed;) becaufe Willa is eftablifhed in confequence
of the occurrence of a power to poflefs property, occafioned by and
arifing from the emancipation, which may proceed from a woman in
the fame manner as from a man;— whereas parentage is eftablifhed by
* A r a b . J u r r u , l i t e r a l l y “ d ra w n o v t r .” — A c a f e o f t r a n s f e r r in g o r d r a w in g a v er the
W illa , is w h e r e ( f o r e x a m p le ) th e m a le f la v e o f a w o m a n m a r r i e s a f em a le H a v e , a n d the
m a f t e r o f th e f em a l e f la v e a f t e rw a r d s em a n c ip a t e s h e r , a n d fh e b r in g s f o r t h a c h i ld in f ix
m o n th s f r o m th e d a t e o f h e r m a n u m i f l io n ; w h e n th e tV llla o f fu c h c h i ld b e l o n g s t o the
m b th e r is m a f t e r ; b u t if , a f t e rw a r d s , th e w o m a n em a n c ip a t e h e r f l a v e , t h e W illa o f th e child
t h e n fh i f t s t o h e r , a s b e in g th e em a n c ip a t r e f s o f th e f a t h e r .
f T h i s m e a n s t h a t a n em a n c ip a t r e f s i s e n t i t l e d t o th e Willa o f h e r f r e e d m e n , A c . but
n o t t o th e W illa o f t h e i r c h i ld r e n .
regular
regular cohabitation, [F irffh ,] and it is the hufband that poflefles the
right of cohabitation, not the w ifi; for fhe is the appropriated, not
the appropriator: — hence parentage cannot be eftablifhed in a
woman.
I t is to be obferved that the eflate of a freed-man goes to the The eftate of
AJfaba [lineal heir] of the emancipator,— to the neareft, and after defeends™“
him to the next of kin,— and not folely to his children ; becaufe in-
, . j 1 1 1 - 1 - . . ° ‘ t *l e e m a n - nentance does not hold with reipecl to IVtlla^ for i f luch were the cipator, and
dafe, the property of the freed-man would at all events' defeend to TdrTgmlral.
the fons and daughters of the emancipator, (the fons receiving two
fhares each, and the daughters one,)— whereas it is not fo.— Hence
it is evident that inheritance does not hold in Willa.—ffucceffwn, however,
holds with refpea to i t b u t fucceffion cannot be eftablifhed
with regard to any except a perfon from whom proceeds protection
and aid; and protection and aid are afforded by men only, not by
women.— Now it being proved that the eftate of a freed-man °oes tq
the emancipator’s Affaba,— to the neareft, and after him to the next
of kin,— it follows that i f a freed-man die, leaving the father and
the fon of his emancipator, the right of Willa defeends to the fon ,
not to the fa ther, (according to Haneefa and Mohammed,) becaufe
the fon is the neareft Affaba [linealheir ;]— and, in the fame manner,
it would go to the mailer’ s grandfather, not to his brother, (according
to Haneefa,) fince (as he holds) the grandfather is the neareft
of the two.— In the fame manner alfo, the Willa o f her freed-man
defeends to the fon of his emancipatrefs, not to her brother, for her
fonisthe neareft in lineal fucceffion.— If, however, the freed-man
were to commit an offence, the fine for it would fall upon her
brother; becaufe the offence of the freed-man is the offence of the
emancipatrefs, and her brother is of her paternal kindred, whereas
her fon is not fo.— If, alfo, a freed-man die, leaving a fon of his
mafter, and the children of another fon, his eftate goes to the fon,
6 not