although
made in his
abfence, provided
he afterwards
con ■
1'ent to them,
—•(and the
fame o f a
contraft engaged
in by
any f r anger;)
or that (in a
Cale o f pur-
chafe or fale)
the conftitu-
enthad previ-
ouflyfixed the
rate.
Joint agents
mult a£l together,
although
the
conftituent
have fixed the
fate.
the primary agent, having received information of the contract, fhould
exprefs his acquiefeence in it, it is then valid: and fo alfo, a con-
. trail becomes valid which, having been concluded by fome other than
the agent,, afterwards receives his alient on his hearing of it, fince it
has thus the benefit of his judgment.— If, alfo, the primary ao-ent
fir ft fix a price to- be obferved by the fecondary agent, and the fe.
condary agent then enter into a contract of purchafe or fale, fuch contrail
is valid; becaufe the exertion of the primary agent’s judgment is
evidently required only for the purpofe offixing the price, which has-
been already done.— It is otherwife, however, where the conftituent
appoints two agents, and fixes the price himfelf: for, in this cafe
notwithstanding the conftituent’s fettlement of the price, the conclu-
fion of the contrail by one agent, although at the fixed price, would"
not be valid; becaufe where the conftituent appoints two agents, not-
withftanding his having fixed the price, it is evident that his objeil is-
a union of the judgments of bath, in order either to increafe the quantity
of the goods ( if they be agents for purchafe,') or to make a proper
choice of purchafers, (in cafe they be agents for fa le,) as was
before ftated: whereas, if the conftituent ftiould not fix the price
himfelf, but reftgn the management of the contrail to one perfon,
(being his immediate agent, and not the agent of his agent,)- in that \
cafe his objeil is to obtain the judgment of the agent in, the grand point:
of the contrail,, namely, the amount o f the price-
\ MMtih, IvuMokdtib, an abfolute Have, or a Zimniee, contrail a marriagea
flaw , or a . t r . v . . . ' b
Zimmee can- ia behall of a minor daughter who is free and a Mufslima.,— or make a
haf/of an Purchalfe or fale ■ behalf of a minor child under fuch defeription,— it is.
fantdaughter unlawful ; (and the fame of every other tranfaction which thev norbeing
a Muf- . . J J r
jUma: form relative to the property of luch a child;) as a Have or an infidel:
are not endowed with authority, becaufe of their flav-ery and infidelity;
for as a {lave has not the power to-marry in his own behalf, it is evident
that he cannot have that power with relpect to others; and am
infidel, on the other hand, has no power- over Mujfulmans; infomuch
that
that his evidence with refpeit to them is not admitted.— Befides, the
power in thefe cafes, (that is, the right of ailing with regard to the
property of an infant,) is granted with a view to the infant’ s advantage,
and out of regard to his intereft; and hence it is neceflary that this
power be configned to a perfon competent and affeitionate, in order
that the end may be anfwered : now competency is deftroyed by flasveryy
and the exiftence of affedlion to a Muffulman is incompatible with infidelity
: a right of aition, therefore, with regard to the property of the
infant in queftion, cannot be committed to a flave or an infidel.— Ha-
neefia, Aboo Toofaf, and Mohammed, are o f opinion that an apoftate
who fuffers death on account of his apoftacy, and an infidel alien, are,
with refpedl to an infant daughter who is a Mujflima, in the fame
predicament with a Zimmee\— (that is to fay, neither of thefe has a
right to perform any adl with regard to her property, fuch as purchafe
or fale, or the contradling of her in marriage with another;)— becaufe
an infidel alien is endowed with f i l l lefis power over a Muffulman than a
Zimmee: and with refpedl to an apoftate, although (in the opinion of
the two difciples) he poffefles power with regard to his own property,
yet his power over his children, or over their property, remains fuf-
pended upon his repentance and return to the faith, according to all
our doctors; becaufe a power of adlion, with refpedl to the property of
an infant, is founded on the infant’ s advantage, and a regard for his
intereft; and an apoftate’ s regard for the intereft of his’child (being a
Muffulman) muft entirely depend on his return to the faith; now this
is a circumftance of doubt: if he be put to death in his apoftacy, it is
then evident that he has no power of adtion, and all fuch adls are con-
fequently null:— if, on the other hand, he return to the faith, it becomes
the fame as if he had been always a Muffulman,. and his adls of
the nature in queftion are therefore valid.
and the fame
of an apoftate,
or in f del alien.
G 2 C H A P .