or tfadb ttf,
ifhe fame manner is manumiffion by a prodigal. It is to be obferved
■ that as, according to the two difciples, a manumiffion pronounced by
the prodigal is valid, the Have therefore owes to his mafter (the pro-
dival) emancipatory labour to the amount of his whole value; becaufe
inhibition is laid upon the mafter with a view to his liitereft and advantage;
and as the prefervation of his intereft by a rejeaion of the
manumiffion itfelf is impoffible, it muft therefore be rejefted fo far as
to fubieft the flave to emancipatory labour for his full value; in the
fame manner as holds in the cafe of inhibition with refpeft to a dying
.perfon; for if a dying perfon emancipate his- flave, he [the tlavej
muft perform emancipatory labour on behalf of the creditors, where
the perfon was involved in debt, or on behalf of the heirs, for two
thirds of his value, where he died free from debt. It is elfewhere
recorded, from Mohammed, that emancipatory labour is not incumbent
upon the flave thus emancipated by his mafter, being a prodigal; for, if
it were due from him, it could only be fo on behalf of the emancipator;
and the l a w does not authorize the obligation of emancipatory labour
on behalf of the emancipator, but of others.
I f the prodigal in queftion conftitute his flave a Modabbir,' it is lawfu
l; becaufe fadbeer gives a title to manumiffion; and as adual manumiffion,
proceeding from a prodigal, is valid, that which merely
entitles to it is certainly valid.-Emancipatory labour, however, is not
incumbent upon the Modabbir during the prodigal’ s life, fince he ftill
continues his property. But if the prodigal die, without difcretion
havinc "been afcertained in him, the Modabbir is in that cafe to perform
emancipatory labour [to the prodigal’s heirs or creditors as the
cafe maybe,] for the value he bore as a Modabbir-, becaufe he becomes
free upon his matter’ s deceafe, at which time he is a Modabbir,
and the cafe is therefore the fame as if the mafter had firlt conftituted
him a Modabbir, and then emancipated him.
I f
I f the prodigal’ s female flave bring forth a child, and he claim, it, or claim a
the parentage is eftabliffied in him, and the child is free, and the hi^ftmale^
mother becomes his Am-Walid; for as the prodigal has occafion to
make the claim in queftion, with a view to pofterity, he is therefore
accounted a difcreet perfon with refpeft' to the claim o f offspring acf-
vanced by him.
I f the prodigal’s female flave be not in poffeffion of any child, or create hi*,
and the prodigal avow her to be his Am-Walid, fhe accordingly be- jT lr J l.T
comes his Am-Walid, to this effeft, that he has if not in his power to indepeodant.
fell her. If,-however, the prodigal die, fhe muft perform emanci- ° ^ CSlm*
patory labour [to his heirs or creditors]'for her whole value; becaufe
his avowal of her being Am-Walid is the fame as his acknowledgment
o f her being fre e, fince the child,, which would be an.evidence of her.
freedom, does not exift in this cafe; and as, ifh e had declared her to >
be free,, Ihe. would.owe emancipatory labour, fo likewife in the pre-
fent inftance. It is otherwife, in the example before ftated, (where
the child is fuppofed to be exifting,) fince in that cafe an evidence
exifts of the flave being free- Analogous to this example is the inftance
of a dying perfon laying claim to a child'born of his female flave;.
for, in that cafe alfothe fame, rules prevail.
I f the prodigal.here treated o f marry any woman, fuch marriage He m alfo
is .legal and valid; becaufe jetting has no el Feet in matrimony; and IBarry-
alfo,. becaufe marriage is one of his original indifpenfable, wants. If,
alfo, he fpecify. any dower, it is. valid to the amount o f the woman’s
proper dower, as that is one of the. pertinents of marriage;, but any
thing, beyond the proper dower is null, fince for that there is no occa.-
fion,,it heing binding only in confequenee of fpecification,, which in
this inftance is no way advantageous to the prodigal:— the excels
therefore is invalid, in the fame manner as where a perfon affefted
with a mortal difeafe marries, and fpecifiesi a .dower greater than the
proper dower. If, alfo, he divorce, his wife before confummation, an
half