they (hall be binding upon another, namely, his conflituent: in-,
fhort, in virtue of his appointment, he is inverted with the power of
puffing his a-Cts, but not with the power of performing thofe acts; as-
this■ power he pofl'efled in virtue of his natural competency.— Now the
power of pajjing aCts, or, in other words, agency, eeafes on apoftacy
and defertion to a. hoftile territory, as thefe circumftances are held to
be the fame as the death of a Mujfulman; and it does not afterwards
revive on thé agent’s again becoming a Mujfulman, and returning to
the abode-of the Mujfuhnans; in the fame manner as (in fueh a cafe) ;
the property in. an Am-Wa!id or a Modabbir does not revive ; in other
words,, if a marter apoftatize and go to the abode of the infidels, his
Modabbirs and Am-Walids- become free, and his property in them
does, not revive in cafe of his returning, to his faith and his country*;
Agency is not j F a conflituent become a Muffulman, and return to the country of
renewed by ’ . .
the repen- the Mujfulmans,. after having apoftatized and.gone, off to a hoftile counturn^
f an, try,, the power of his agent, which had been annulled, does not in
ftmieirt C°n" that cafe revive, according to the Zahir-Rawayet.— Mohammed is of
opinion that the agency revives, in. the. feme manner as in the pre--
ceding cafe o f the.apoftacy of the agent'.— The. reafon for- the.diftinc—
tion (according to the Zahir-Kawayet). between the cafe of an apoftate
conjlituent and an apoftate agent is, that the foundation of agency,
with refpeCl to a conjlituent, is property,. which becomes null in con-
fequence of apoftacy ; but the foundation of it, with refpect. to . an
agent, is- rationality,. freedom, Jkill, and maturity o f years, circum?
fiances which are not extinguifhed by apoftacy.
Ageibcy for
any particular
act isannulled
by the conflituent
himfelf
performing
that aft.
Ik a perfon appoint another -his agent for any particular concern,
and afterwards execute that concern himfelf, the agency in fuch cafe
becomes null.—This cafe admits of a variety of modes*; as where,
for inftance, a, perfon Appoints an. agent to emancipate his flave, or to
make him a Mokatib, and he afterwards himfelf emancipates, or makes
a Mokdtib of, the (lave,—or, where a perfon appoints an agent for the
* See vo l. I I . p. 23J.
contracting
contractin'*1 of marriage between him and a particular woman, and he
himfelf afterwards concludes the contract,— or, where a perfon appoints
another his agent for the purchafe of a-fpecific article, and he
himfelf afterwards purchafes that article,— or, where a perfon appoints
a perfon to divorce his wife; and he himfelf afterwards divorces her three
times, (or divorces, her one. time, and her edit expires,)— or, where a
perfon appoints an agent to conclude, a Khoola with his wife, and he
himfelf afterwards concludes the Khoola.with, her;—dor in all thefe.cafes
the agency (becaufe of its impracticability in confequence of- the anticipation
of. the conflituent in.the performance of thefe aCts) is null;:
infomuch that,., in the cafe o f marriage, if the conflituent fhould
afterwards irrevocably divorce the woman he had fo married, it would
not then be lawful for the. agent to contract a marriage with her in .
behalf of the cdnftituent,, becaufe the objeCf of the conflituent, in the 1
agency,, had been already obtained, and the neceffity of i t , , of confe- -
quence, no longer’ exifted: (It is 0theTwrfe7 however,, where theagent
contracts the woman, and-afterwards divorces-her in behalf of
the conflituent;;becaufe, in this inftance, the conflituent’s objeCt in
the agency has not- been obtained, and .confequently the neceffity for it
ftill exifts.)
11'. a p,erfon-appomtJ;auother: his agent fôrthe felè ofia iflive, and
afterwards fell that iflave himfelf,, and the purchafer return the Have to any act o f she
Kirn,., in confequence of a decree of the Kdzee,. founded on the proof of ^cannot after_
a defeCt, it is related as an opinion of AbooTooJaf, that the agent is wards reviser-
not then entitled to fell.the faid flave, becaufe the confeituent, in
felling him himfelf, did virtually prohibit the agent- from executing,
the deed, and it confequently becomes the .fame as if he had diftniffed •
him.— Mohammed, on the other hand,, allèges, that .the agent may in
this cafe refell him, becaufe the agenGy ftill.exifts,-.fence (according to
him) -agency is the licencing .of aSJione— It is otherwife where a perfon ;
appoints an agent for,executing a gift, and afterwards makes the gift
himfelf, and again tetrads it ; for in this .cafe it is . not lawful for the
agent 1