C £> M P O S I T 1 0 N. Book XX Vf.
receiver ; but afterwards becomes the reverfe. Befides, in both thefe
cafes, the defendant gives property for the removal of contention; and
this -is bribery.— T h e arguments of our dodtors, in fupport of their
opinion upon this point, are 'threefold. F i r s t , the text of the
Koran, as above quoted.— S e c o n d l y , the fr jl part of the above tradition
concerning the prophet, comprehends both the cafes in quef-
-tion; whereas the latter part applies folely to a compofition which
Tenders lawful fomething in itfelf originally unlawful, fuch as wine;—
•.or, which renders unlawful fomething that in itfelf was originally
■ lawful; as where a man agrees with a wife, for a certain confider-
;ation, not to have carnal connexion with another of his wives.—
T h i r d l y , compofition after denial, or under Jilence, is a compofition
■ in confequence of a valid claim, and is therefore effedtual, fince the
uclaimant receives the thing given in compofition in lieu of' a right of
his own, which in his opinion was a juft one; and this is lawful;
and the defendant, on the other hand, pays it to remove from himfelf
a contention;— and this alfo is lawful; becaufe .the objedt of property
is felf-prefervation; and the giving of a bribe, with a view to remove
oppreflion from himfelf, is lawful in the giver. Befides, this cannot
be ftridtly termed a bribe, as a bribe is what is taken by the receiver
for the .reafon affigned by the giver, whereas here it is other wife., for
the giver gives it in order to prevent contention, and the receiver takes
it becaufe.in his opinion it is his juft right.
Compofition, In a compofition made after acknowledgment, all the effedts o f
by^a concef- j a j e t ap e place, provided it be a compofition of property for property;
perty for pro- becaufe i t then correfponds, in its nature, with /ale, which is an ex-
equvvaient to change o f property for property by mutual -confent of the parties;—•
whence i t is that, i f it relate To land, it admits of the right of Shaffa;
and alfo, that the confideration may be returned on account of a defect
; and that the conditions of .infpeElion and of option exift with re-
nndis ren- fpeft to it.— This Ipecies of compofition, therefore, is rendered in-
bj an igno- valid by an ignorance of the confideration for the compofition, as fuch
ignorance
ignorance may be a qaufe of contention, whereas an ignorance of the
fubjeft of the compofition cannot afford any caufe of contention, as
that merely teafes, (in confequence of the compofition,) whence
there is.no occafion for taking, poflefii on of it.— It is, moreover, a
condition, that the defendant be competent to make good the amount
of the confideration in queftion.— If, however, the compofition be a
ftipulation of ufufrudt in lieu of property, then the laws and rules incident
to hire take place with regard to i t ; becaufe the charadteriftic
of hire (namely, an endowment with ufufruEl in exchange for property)
exifts in i t ;— and as, in contracts, regard is had to the fp irit
of the agreement, it is alfo requifite that the period of right to the
ufufrudt be fixed.— T h e compofition is alfo rendered null by the de-
ceafe of any of the parties during that term*, becaufe a compofition
of this nature is a fpecies o i hire f .
C o m p o s i t i o n s fubfequent to denial are, with refpedt to the defendant,
equivalent to an atonement for an oath j ,— and* fubfequent
to ftlence, they ftand ( with refpedt to him) merely as a removal o f
ftrife-,— but they do not ftand as a mutual exchange, with refpedt to
him, in either cafe.-—With refpedt to the plaintiff, on the contrary,
they are in the nature of a mutual exchange; becaufe the plaintiff accepts
the compofition in lieu'of an article which in his .belief .was his
right; and one contradt may lawfully bear different interpretations
with regard to the two parties, in the fame manner as the diffolution
of a fale is an annulment of the contract with refpedt to the feller and
purchafer, but with refpedt to others, z new fate. T h e reafon o f a
* T h a t is, during the term o f ufufrutt.
d u r in g t tsT rm 61 « H is rendered nuI1 bf the demife.of either o f the c ontraSing parties
f e w i i S a ^ T h ' " / 3 5 ^ ^ t o W f 'VOrn t0 the.fallacy o f the p la in t if fs claim *
he fwore l u l ? e/ fte™ ards emer lnt0 * compofition with the plaintiff, it is evident that
e y, and confequently, that atonement or expiation is due for his perjury.
VOL. HI. A a
A a compofitioir
ranee o f the
thing to be
given in com-
poution.
Compofitipn
by a concef-
fion o f ufu-
fru ft is eqni-
valent to hire-.
but the terras
o f ufufruft
muft be fpe-
cifiecL
Compofitions
after denial
are equivalent
to an exchange
with
refped to the
plaintiff, but
not with re-
fpeft to the
defendant.