The ufurper
o f a Modab- ■
bird is refpon-
iible for her
value i f flie
die in his pof-
feffion ; but
not the ufurper
o f a Mo-
kâtiba»
If a perfon ufurp the Modabbira of another, and Ihe die in his
pofleffion, he is rcfponfihle for her value; whereas, if a perfon ufurp
the Am-Walid of another, and fhe die in his pofleffion, he is not re-
fponfible. This is according to Hanecfa. The two difciples maintain
that the ufurper is refponfible for the value in either inftance.—
The realbn of this difference of opinion is, that a Modabbira is univer-
fally admitted to be valuable property; and an Am-Walid is not valuable,
according to Haneefa ; whereas the two difciples hold an Am-
Walid to be valuable. T h e arguments on both fides have been already
detailed at length in treating of ManumiJJion.
H E D A T A .
H E D A T A .
BOOK xxxvur.
Of S H A F F A.
C* H A F F A , in the language of the law, lignifies the becoming
proprietor of lands fold for the price at which the purchafer has
bought them, although he be not conlenting thereunto. This is
termed Shaffa, becaufe the root from which Shnffa is derived lignifies
conjunilkn, and the lands Ibid are here conjoined to the land o f the
Shafee, or perfon claiming the right of pre-emption.
V ol. III. 4 C Chap.
Definition o f
Sbaffa.