C O M P O S I T I O N .
and a Jib,
claims o iu fu -
f ru$:
Cbmpofitions
are lawful in.
homicide;.
but i f acceded
to for an
unlawful article,
nothing
is due.
where a perfon prefers a claim, agaitift the heirs .of a perfon deceafed,
to the ufufruift of, or right to dwell in, a particular houfe, in virtue
of the bequeft of the foecCafcd; in which cafe,- if the heirs; having
either denied or acknowledged the claim, fhould compound it with
the plaintiff for fomething elfe, fuch compofition is valid.— T h e rea-
fon of this is that ufufrudt is confidered as & property, in a contract of
hire, and fo alfo in a cafe of compojition;— for it is a general rule, to
confider the compofition as partaking of the nature of that contrail to
which it bears the neareft refemblance, in order to render it valid.—
Thus, if the compofition be of property fo r property, it is. confidered
as a fale, becaufe of its near refemblance to that contract.— If, on the
other hand, it relate to ufufruSt, it is confidered as a fpecies of hire,
becaufe of its refemblance to it.
C o m p o s i t i o n s are lawful in cafes either of wilful or erroneous-
bloodfhed.-— They are lawful in the former inftance, becaufe G o d has-
faid “ If a p o r t i o n o f t h e p r o p e r t y o f T h e m u r d e r e r , b e i n g
**. a b e l i e v e r , b e o f f e r e d , b y w a y o f c o m p o s i t i o n , , t o t h e
“ R E P R E S E N T A T IV E o f t h e m u r d e r e r , l e t h i m . a c c e p t t h e
% s a m e ;”— which paffage Ibn Abbas reports- to have been.revealed,
upon the fubject of compolitions for wilful bloodfhed.— It is to be ob-
ferved that compofition for wifuL b ho i f he d refembles- marriage, be-
eaufe in both cafes property is given without receiving property in return
;• and accordingly, whatever is capable of conftituting a fpecific
dower, is alfo capable of being given, in compofition for wilful bloodfhed.—
There is this différence, however, between marriage and the
compofition in queftion, that whenever the recital of the thing to be -
given in compofition is invalid, (as where an antmal'n mentioned indefinitely,
or cloths are recited without a fpeeification o f them,) a
Deyit or fine of blood muff: be paid ;— becaufe fuch is the rule in cafes
of bloodfhed; and an invalidity in the nomination does-not'prevent
the remiffion of retaliation, in the fame manner as it does not prevent
the validity of marriage.— If, however, a compofition of wine or pork
be ftipulated for wilful bloodfhed, nothing whatever is due; becaufe
neither
neither of thefe articles are valuable property: it is therefore under-
flood that the avenger of blood, in agreeing to receive-a compofition
which is not property, has, in effèft, remitted thé retaliation; and
as, in a remiffion of the retaliation, ho property is' due, fo' neither is
it in the cafe in queftion.—In tharringe, on the contrary, a Mihr-Mifl
(or propel dower) is due in either cafe, (that is, in cafe of the invalidity
of thé recital,—or, where the dower is ftipulated to be paid in
wine or pork;) bècaüfe the dower is one of the effential requisites of
marriage, and is therefore due in law, although no recital fhould
have been made of it. It is to be obferved that as the crime expreffed
in this cafe of compofition i s abfolute, it relates both to the members of
the body, and to the body itfelf, that is to fay, the Ife .—It is alfo
proper to obferve that-, although compofitioiiS for wilful bloodfhed be
lawful, as above related; yet it is otherwife with refpedt fö compó-
fitions of property for the right of Shafa, (by a pérfon receiving property
from a purchafer, in compofition for his right of Shafa,) which
is invalid, becaufe the proprietor of the right of Shafa has no abfolute
property from it, but merely a right to become proprietor if he pleafe:
until, therefore, he become the proprietor, he has no right to com-
pound.for it.—Retaliation, on the other hand, means a right of property,
in the fubjtóï, with refpedl to tht aklion: in other words, the
heir or reprefent-ative is proprietor of the fubjefit fo far as relates to the
aftton, in as mudf as he has' a' right to- take retaliation, and may con-
fequently; ifhechoofé; receive a compofition for not taking-of it;
in oppofit-ion to the- cafe- of fh a fa .— NoW, finOe a -compofition of
property for the right oS'-Sh'efd-W invalid, if follows that nothing is on
that account due from the purchaier, and that the right ef Shafa is
loft, in the fame manner1 as-in- a cafe -of rion-oppófiion or flence.-—Bail
for the petfoods alfo like1 the-right- of SBafa, and therefore nothing is
dub1 in cafe of'a compofition of property for it.—-With refpefit, however,
to the annulment of the bail,, in-fuch a1 cafe, there are two traditions,
both of which have been- already recited1 in their proper
places,—Compolitions are alfo lawful in the latter cafe (namely, erroneous