A C K N O j 'A.6 W L E D G M E N T S . Book XX V.
trary, (where the exception is cloth,’) the thing excepted, and that
from which the exception is made, are of different genus, as cloth is
not price in any fhape, neither in refpedt of itfelf, nor in refpedt of
its defcription or quality; and accordingly, cloth is not due in any
eontradt of exchange, excepting that of Sillim ;— (that is, where the
price is advanced to the feller beforehand.)— Now whatever is' price
has this fitnefs, that it may be fet in companion with dirms or deenars,.
and may confequently, in a proportionate degree, be .excepted from
them;— whereas, on the .other hand, whatever cannot be hated as.
price has not,a fitnefs of being compared with dirms and deenars, and
confequently cannot be hated as an exception from them, fince the
proportion cannot be afcertained.
A refervation- If a perfon make an acknowledgment, with this provifo “ i f it
GoD^enderT “ pk&f* G od,” he is not then 'liable for any thing-, becaufe (accordthe
acknow- jno- t0 /H>oo Toofaf,’) a refervation of the pleafure of G od is either an
ledgment J J / 1
null. annulment -of the acknowledgment, or a fufpenfon of it; and the
acknowledgment is null on either, fuppofition :-^or, becaufe (as Mohammed
argues} it is equivalent to an acknowledgment fufpended upon
a condition, which is null, as an acknowledgment dbes not admit of
being fufpended on a condition, fince acknowledgment is an avowal,.
which cannot be made conditional;, for if it be true it cannot be rendered
falfe by a default of the condition; or, on the contrary, if it be
fa lfe it cannot be rendered true by the fulfilment of the condition;—
or, lahly, becaufe the acknowledgment is fufpended on a cireumhance
which it is impofiible to afeertain.— It is otherwife where a perfon fays
“ I acknowledge a hundred dirms to be due-by me-to a particular per-
“ Ibn on my death,”— or “ upon the arrival of a particular month,”—
or “ upon the feflival of breaking Lent,”— becaufe in thefe cafes the acknowledgment
is not fufpended upon a condition,'as. this is merely
an explanation of the time; and is therefore & pofiponing of the thing
acknowledged, and not a fufpenfion j. whence it is that if the perfon.
* in.
H 7
in whofe favour the acknowledgment is made can prove the falfity of
the poftponement, the thing becomes due to him immediately. ■
If a perfon make an acknowlodgment of a houfe in favour of another,
and except the foundation, both the houfe and the foundation
are the right o f the perfon in whofe-favour the acknowledgment is
made; becaufe the foundation is included in the houfe from its dependency,
and not from its being comprehended in the word houfe ;
and an exception'is valid only where it relates to fomething compter
bended in the thing exprefled, according to the meaning of the word.
It is to be obferved that the Hone in a ring, or the trees of an orchard,
Hand in the fame relation to the ring or the orchard as the foundation
does to a houfe,- becaufe neither the word ring -nor orchard applies to
the fane or the trees, but are both included merely as dependantsr, It
is otherwife where a perfon makes an acknowledgment of a houfe in
favour of another, excepting from it an indefinite portion, or z fpecific
apartment, as the exception iq thefe cafes relates to a thing which' is
comprehended in the word houfe.
In an acknowledgement
regarding
a hottje,
an exception
o f the foundation
is invalids
I f a perfon fay “ the foundation of this houfe belong^ to me, and An exception
“ the Sihn (meaning the court-yard) to a particular perfon;” then the of
perfon in whofe favour the acknowledgment is made is entitled to the ’ houfe ^ ad-
court-yard, and the foundation is the property of the acknowledger-. mlttea‘
It is therefore, in fadt, the fame as if the, acknowledger had declared
■ that “ all the ground free of building is the property of fuch a perfon.”
It would be otherwife if, inftead' of Sihn, he were to mention the
word A rz, [earth,] for in that cafe the foundation as well as the
houfe would become the property of the perfon in whofe favour the
acknowledgment is made; becaufe an acknowledgment of the gróund
is an acknowledgment of the foundation, as much as an acknowledgement
of the houfe itfelf-, for the ground is the original thing, and the
foundation is included along with it as a dependant.— In an acknowledgment
of the ground, therefore, the foundation is included as a
U 2 dependant,