nor emancipate
him for
a compenfa-
tion ;
nor lend or
bejlovj any
thing; nor
give alms.
He may give
food, or an
entertain- •
ment;
the ranfbm) is oppofed to the removal of reftraint, which is not property.—
A licenced Have, therefore, confiituting his Have a Mokatib,
does an a£t which is unlawful;— unlefs, however, his mailer aflent,
and he himfelf be not involved in debt,—in which cafe the c'ontraft
o f Kitbbat is lawful and valid, as the mailer has become proprietor of
fuch Mokatib Have, the licenced Have being merely his fubllitute in
conllituting that Have Mokatib: and in this cafe the rights of the contrail
revert to the mailer, as an agent or fubllitute, in executing a
contract of Kitabat, is merely a negotiator, in the manner of a mef-
fenger.
A licenced Have Is not at the liberty to emancipate his Have for
a confideration; for as he is not empowered with refpedt to a contra £t
of Kitabat, it follows, a fortiori, that he is not empowered with re-
fpect to manumiffion in return for a compenfation.
A licenced Have is not at liberty to lend, to any perfon; neither
is he at all at liberty to make a gift, whether on condition of receiving
a return or otherwife; and in the fame manner, alfo, he is not competent
to bellowing alms;— for as all thefe are gratuitous adts, (gift on
condition of a return being alfo gratuitous in the beginning,) they are
not included in a licence to trade.— It is, however, lawful for him to
bellow a fmall quantity of food upon a perfon, or to give an entertainment
to a perfon who entertains him in return, fince in the courfe of
trade this is neceflary to conciliate the minds of merchants.— It is
otherwife with an unlicenced Have ; for fuch an one is not at liberty
to make the fmallell prefent, or to give an entertainment, becaufe this
is requifite only in the courfe of trade, and he is not licenced to trade,
fo as to be under any neceffity of fo doing.— It is recorded, from Aboo
'Toofaf, that where a mailer gives his inhibited Have provilions for one
day, he may without hefitation invite friends to partake of the fame :
but i f he give him a month’s provilions at one time, it is not in fuch
cafe lawful for him to invite his friends to partake o f the fame, becaufe
if
if thofe friends were to confume the meat before the end of the month,
it would be injurious to the mailer.—(Lawyers here obferve that if a
wife bellow in alms, from the houfe of her hulband, any trifling
matter, fuch as a Angle loaf, it is immaterial, fince inhibition does not
commonly defcend to fo fmall an article.)
I t is lawful for a licenced Have to make an abatement in the price
of merchandize, on account of a defect, to the fame dëgree as is made
by merchants; becaufe this is'a branch and a contingent of traffic,
cullomary among traders; and it is frequently more advantageous to
make an abatement than it would be to take back the defective article.
It is otherwife where an abatement is made without any defeft in the
article; for this is unlawful, as being a purely gratuitous a£t 'after-the
completion of the contrail, and not a branch or contingent circum-
llance of traffic.—Mohabat is not of this nature in the beginning; for
that is fometimes neceflary, in order to conciliate the minds of pur-
chafers.
I t is lawful for a licenced Have to indulge his debtors with a delay;
and alfo to fix a time for the payment o f his own debts; this being
cullomary amongll merchants.
D e b t owing by a licenced Have attachés to his period,— that is to
fay, he may be fold for fuch debt,—unlels his mailer fatisfy the creditor
by difcharging it.— differ and Shafei maintain that he cannot be
fold.— His earnings, however, may be attachèd according to all, for
concerning this there is no difference of opinion.— The reafon alleged
by Ziffer and Shafei, why the Have Ihould not be fold, is that the end
propofed by the mailer in licencing his Have is the acquifition of new
property, not the dellruftion of the old, which end may be obtained
where the debts contra £ted by the Have attach to his acquiftions, but
not where they attach to his perfon ;— whence it is that if, after paying
debts, any thing remain, fuch refidue goes to the mailer.— It is otherwife
or make an
abatement in
the price o f
merchandize
in confideration
o f a de-
f e f t ;
or grant a
term o f credit.
He may be
fold for the
payment o f
deb ts,