mention and ftipulate fine and inheritance, as has been explained in the
exemplification of the cafe. If, therefore, the ftipulation of inheritance
be made on both parts, whoever dies firft inherits of the other;
but if on one part only, heritage holds agreeably to ftipulation. In the
fame manner alfo, if refponfibility for fines be flipulated on both parts,
each is refponfible for the fines incurred by the other; but if on one
part only, refponfibility holds accordingly; for a thing is rendered obligatory
only by undertaking for i t ; and it cannot be undertaken for
but by ftipulation. It is- alfo to be obferved, that it is effential, in
contrafts of Mawaldt, that the Mawla Asfal, or client, be a ftranger
[Ajmee,\ and not an Arab-, becaufe among the Arabs aid and patronage
run in families or tribes,— (that is, one Arab aids or patronizes another
where they are both of the fame tribe or family,)— whence they
have no occafion for engaging in contrafts of Mawaldt.
Either party T he Mawla Asfal, or client, is at full liberty to defert from his
S e c o n t r a a Mawla Aailli, or patron, and to enter into a contraft of Mawaldt with
lhPoth«C-e<>f lome ot^er Perf°u> f° long as t'le firft ftiah not have paid any fine of
his incurrihg; becaufe a contrail: of Mawaldt is, like bequeft, a re-
verfible deed.— In the fame manner, alfo, the Mawla Aaild, or patron,
is at liberty to relinquish his right o f Willa, and to break off the contrail
of Mawaldt, becaufe fuch a contrail is not binding.— It is requifite, in
cafe of either party diflolving the contrail:, that it be diffolved in the
prefence of the other, in the fame manner as in the-cafe of difmiffing
an agent, where the difmiffion is exprefs, and not implied, or virtu-
or the inferior a}Kr induced.— It is otherwife9>however, where the client enters into
break it off a contrail of Mawaldt with a perfon in the abfence of the former pa-
rior^abfence, tron > f°r 10 this cafe the firft contrail of Mawaldt is diffolved without
by engaging prefellce of the party, this being a diffolution by effeft, and necef-
with fome farily refulting;— in other words, the diflolution o f the firft contrait
other perfon. a Ilecefl^ry confequence of the formation of the fecond.— In this cafe,
therefore, the prefence of the other party is not requifite; in the
lame manner as the prefence of an agent is not requifite where he is
virtually difmiffed from his employment, by the conftituent (for in*
ftance)
ftance) himfelf felling the article concerning which he had conftituted
him his agent for fale.
W h e r e the patron pays'the fine incurred for an offence committed
by his client, the latter is incapacitated from quitting him and engaging
in a contraft o f Mawaldt with any other perfon;— becaufe the
right of another then becomes implicated; and alfo, becaufe the fine
was decreed by the Kdzee.— Befides, the fine paid by the patron on his
account ftands as a valuable confideration, in the fame manner as the
return for a gift; whence he has it not in his power to turn from his
patron, in the fame manner as a donor, after receiving a return, cannot
recede from his gift.— In the fame manner alfo, the child of the client
cannot turn from the patron who has paid a fine on account of its father;
and fo like wife, i f the patron pay a fine on account of the child
of his client, neither the client nor his child can afterwards turn from
the patron, becaufe with regard to the Willa Mawaldt they are as one
perfon.
An emancipated flave, as having a Mawla in his emancipator, is
not at liberty to enter into a contraft of Mawaldt with any perfon;
becaufe the Willa of Manumijjion is binding, whereas the Willa o f Mawaldt
is not fo; and during the exiftence of a thing which is forcible
and binding, a thing which is not fo cannot take place.. .
but he cannot
do fo, after
the other has
paid a fine
incurred by
him.
A freedman
cannot engage
in a
contraft o f
Mawalat.
M m m a H E D A T Æ