C 452 )
The nature o f
compulfion
defined.
H E D A T A.
b o o k xxxiv.
Of IK RAH, er COMPULSION.
T K R A H , or compulfion, applies to a cafe where the compeller
X has it in his power to execute what he threatens,— whether he
[the compeller] be the Sultan, or any other perfon, as a th ief (for
•mftance.)— The reafon of this is, that compulfion implies an aft
which men exercife upon others, and in confequence o f which the
will of the other isfet at nought, at the fame time that his power of
aflion ftill remains.— Now this charadleriflic does not cxifl unlefs the
other (namely, the perfon compelled) be put in fear, and apprehend
that if he do not perform what the compeller defires, the threatened
evil
S o o k X X X IV . C O M P U L S I O N .
evil will fall upon him;— and this fear and apprehenfion cannot take
place unlefs the compeller be poffeffed of power to carry his menace
into execution; but provided this power does exift, it is o f no importance
whether it exift in the Sultan or in any other perfon. With
refpe# to what is recorded from Haneefa, that “ compulfion cannot
“ proceed from any except the Sultan, ” the learned remark that this
difference originates merely in the difference o f times, and not in any
difference of argument; for in his time none poffeffed power except
the Sultan, but afterwards changes took place with refpe# to the cuf-
toms of mankind.— It is to be obferved that, in the fame'manner as it
is effential, to the eftablilhment o f compulfion, that the compeller be
able to carry his menace into execution, fo likewife it is requifite that
the perfon compelled be in fear that the thing threatened will adtually
take place; and this fear is not fuppofed except it appear molt probable
to the perfon compelled that the compeller will execute what he has
threatened, fo as to force and conftrain him to the performance o f the
which the compeller requires of him.
If a perfon exercife compulfion upon another, by cuttino- beating,
or imprilonment, with a View to make him fell his property, or
purchafe merchandize, or acknowledge a debt of one thoufand dirms
to a particular perfon, or let his houfe to hire, and this other accordingly
1 ell his property, purchafe merchandize, or fo forth, he has it
afterwards at his option either to adhere to the contra# into which he
has; been fo compelled, or to diffolve it, and take back or reftore the
article purchafed or fold; becaufe one effential to the validity of any of
thefe, contracts ,s that it have the confent of both parties, which is not
the,cafe here, as the compulfion by blows or other means rather oc-
cahbns a diffent; and the contra# is therefore invalid— (This rule :
however, does not hold where the compulfion confifts only of a finale
blow or of imprifonment for a Angle day, fince fear is not ufually e x -
1 e by this degree o f beating or confinement. Compulfion, there-
ore, is not eflablilhed by a fingle blow, or a fingle day’s imprifonment:
A perfon
forced into a
contradl may
afterwards
diffolve it,
unlefs the
means o f
compulfion
be trifling'.