his own inherent competency, it follows that his power of adtion is
nót reftridted to any particular branch of trade.— It is otherwife with
an agent; for as he adts with the property of another, his power of
acting is confequently eftabliihed on behalf of the owner of fuch property.—
T h e effect, moreover, of the flave’s tranfadtions (namely,
right of property) is eftabliihed in the flave; whence it is that he is
entitled to expend what he acquires in the difeharge of his .debts, and
in maintenance, the excefs going to his maffer, who becomes proprietor
thereof by fucceffion.
If a perfon authorize his flave with refpedt to any particular matter,
fuch as to purchafe cloth for apparel, or victuals for his family,
the flave does not hereby become licenced, fince a licenqe of this nature
is merely an employment.— T h e ground of this is that if the flave,
by being fo authorized, were to become licenced;- it would preclude
the maffer from employing him.— It is'otherwife where a perfon fays
to his flave, “ pay me fo much per month out of your acquifitions,”
(or “ pay mé one thoufand d irm sf)— “ and you are free;”— for in.
this cafe the flave becomès’licenced, as the maffer here requires property
from him, which he cannot procure but by engaging in trade.
It is alfo otherwife where a maffer diredts his flave to exercife any particular
art, fuch as dying or fu llin g ; for here likewife the flave becomes
licenced; becaufe the mailer’ s direction, in this inftancé, is a
licence to him to purchafe the materials requifite for dying or fulling
cloth; and as this is a licence to purchafe, he accordingly becomes
licenced with refpedt to every branch arid description thereof.
A licenced- A l i c e n c e d flave’ s acknowledgment of debt or ufurpation is
knowledge- valid, and fo likewife his acknowledgment of a truft; becaufe am
ment of debt, icncrwlec|crment is incidental to traffic; and hence if his acknowledge-
trull, is valid; ment were not valid, people would always decline dealing with him,
and would avoid purchafing from or felling to him.— This rule obtains
whether the flave be involved in debt of otherwife.— In ffiort, his acknowledgment
Authority to
perform any
particular
matter is not
a general licence.
knowledgiiient is valid in either cafe, provided it be made during
health: but when it is made during ficknefs, his debts contracted
during health muff be difeharged prior to thole acknowledged during
ficknefs, in the fame manner as obtains concerning a freed-man.— It
is otherwife, however, with refpedt to his acknowledgment of a matter
not rendered obligatory upon him in epurfe of trade; for fuch acknowledgment
is invalid, fince in regard to it he is inhibited'^.
I t is unlawful for a licenced Have to marry .4-, this not being a
commercial tranfadtion: neither is he at liberty to contradt his male
or female flave in marriage.— Aboo Toofaf maintains that he is at liberty
to contract his female Have in marriage; for as he thereby obtains property,
namely, her dower, hi?(1fo contradting her confequently re-
fembles his letting her out to hire.— The argument of Haneefa and
Mohammed is that licence comprehends merely commercial tranfadtions;
and the contradting of a female flave in marriage is not a matter of
commerce; -whence it is that a licenced flave is not empowered to
contradt his male flave in marriage.— T h e fame difference of opinion
obtains concerning a licenced infant, a Mozdribat manager, a partner
in Shirkat Aindn, and a father or executor;— that is to fay, thefe are
not at liberty to contradt a male flave in marriage, according to all our
dodtors; .‘but concerning their right to contradt a female flave in marriage
there is a difference o f opinion between Aboo Toofcf and the
other two.
A licenced flave is not at liberty to conftitute his flave a Mokdtib,
becaufe this is not a commercial tranfadtion; for commerce confifts in
an exchange of property for property; and this charadteriftic does not
exift in a contradt of Kitdbat, as the conlideration of Kithbat (that is,
* A rab . Mahjoor. T h is word muft here be taken as a fubftantive technical term,
meal ing an bhibited JJaue.
+ W ith ou t the confent o f his matter or owner.
S f f 2
but not o f a
matter which
has not oc~
curred in
coürfe o f
.tra d e . .
He cannot
marry ; nor
con traft his
flave in marriage
;
nor rendér
him a Me-
katib ;
the