licenced Have in queftion fells any thing at a fmall under value to a
ftranger; for fuch fale is lawful, without the ftranger paying the difference
of price;— but the mafter is directed to pay the difference;—
beeaufe the degree or proportion in which the article has been undervalued
admits of two conftructions; for firft, it may be conlidered
purely as a g ift, no part of the price being oppofed to it; and, fecondly,
it may be .conlidered purely as a fale, as fome appraifers will value the
whole article according to the price for which it was fold :— hence it
is,conlidered as a gift, in cafe of the mailer being the purchafer, lince
in that cafe the Have is liable to fufpicion; and, on the other hand, it
is not conlidered as a gift in cafe o f a ftranger being the purchafer,
fince in fuch a cafe no fufpicion can be entertained. It is alfo other-
wife where the licenced (lave in queftion fells any thing to a ftranger
at a great undervalue; for in this cafe the fale is unlawful, according
to the two difciples ?— whereas, if made to the mailer, it would'be
lawful, and he would be defired to make up the difference by paying
the whole value; for (according to the two difciples) it is not lawful
for a licenced Have to fell any thing at an undervalue without his
mailer’ s concurrence; and where he thus lells a thing to a ftranger,
.this concurrence does not exift; but it exifts, by inference, where he
thus fells a thing to his mailer, whence the fale is lawful in this in-
ftance.;— the mailer, however, mull be defired to make up the difference
by paying the whole value of the article, beeaufe of the right
o f the creditors. The diftinflions here explained are agreeably to the
.tenets.of the two difciples.
I f the mailer fell any thing to his licenced Have for an adequate
■ •price, or for lefs than the value, it is lawful, beeaufe the mailer is as
a ftranger with refpedt to the acquifitions of his licfenced Have when
involved in debt, for the realbn before afligned, (nor is there any
room for fufpicion in this inftance;)—and alio, beeaufe the fale in
queftion is attended with two advantages,— one, that an advantage is
derived to the flave’ s acquifitions, in the article purchafed from his
mailer,
mailer;— and another, that the mailer is enabled to take the price out
o f the llave’s acquifitions after having been difabled to take any thing
from them;— and the fale, as being thus attended with a twofold
advantage, is accordingly valid, fince the validity of a fale is a confe-
quence of its being advantageous.— If, therefore, the mailer deliver
the article fold before he has received the price of it, his right to take
the price ceafes; for he only had a right to detain the article fold in
order to fecure the price; and, upon his delivering the article, that
right ceafes; and if, afterwards, the price Hill remain unpaid, it follows
that fuch price is a debt upon the llave’s_perfon; but a mailer
has no claim to a debt due from his Have. It is otherwife, however,
where the price confifts of fubftance, that is, of particular goods or
effects, for in that cafe the price is not annulled or remitted upon the
delivery of the article fold, lince fuch goods or effects are fpecific, and
the mailer’s right, connefted with them, may lawfully continue in
force. If, alfo, the mailer detain the article fold, and refufe to deliver
it until he receive the price, it is lawful; beeaufe a feller has a
right to detain the article fold;— whence it is that the right of a feller
has a preference over that of any other creditors. A mailer, moreover,
has a legal claim to a debt due from his Have, where it relates
to fubftance;— whence it is that a mailer has a claim upon his Mokalib
for his ranfom, which is a debt, beeaufe it is a debt relating to his
perfon. What is faid above, that “ if the mailer deliver the article
“ fold before he has received the price o f it, his right to take the price
“ ceafes,” is according to the Zahir Rawajret. Abod Toofaf alleges
that this is where the article fold is not extant in the llave’s pofleflion;
for if it be extant in his hands, the mailer is entitled to take it back
and detain it until he receive the price.
If a mailer fell any thing to his indebted licenced Have at an overvalue,
in this cafe he mull be directed either to return what he may
have received over and above the real value of the article, or to undo
the fale,— in the fame manner as before explained in the cafe of the
Vol. III. U u u licenced