price o f the f iver,' or the advance, of money for the goods at the timb
d f making the bargain, (which is a condition,) is not here eftkblifhed
either in reality Or in thfe eoiiftruiftion of law.— If, moreover, a pledge
taken- in fecurity for the delivery of the- goods befpoken be deftroyed,.
the bargain is completed, and the pawnee (who advanced the money)
is held to have received the goods which he belpoke.
In the diffo-
Iutioh of a
contraft of
S illim , the
pledge remains
as a
fecurity for
the advanced
capital;
and i f it be
loft in the advancer’s
hands, his
claim of re-
ftitution is
annulled.
If the parties to a contract of Sillim diffolve the bargain in a. cafe
where a pledge has. been .given for the delivery of the goods, it hill
remains. as a fecurity for the refunding of the money which had been
advanced, as that then hands in lieu of the goods;— in the fame manner
as where goods are ufurped, and, th e ih « « having ordered their
reftoratioh, a pledge is given for that purpofe, and afterwards the goods
are deftrpyed,—in which cafe the pledge remains-a fecurity for th& value
of the goods.
I f, in the above inftance, the pledge be loft after the parties had
agreed to annul the bargain of SilRm, the befpoken article, is in that
cafe confidered" as delivered, and the purchafer [the advancer] has no
further claim.— It is, however, incumbent on him to give to the
feller as much grain as he fhould have received from him, in order to
his recovering the money he had advanced,.—in the fame manner as
where a perfon, having fold a (lave and delivered him to the purchafer,
takes a pledge in furety for the price,— and they afterwards mutually
confent to annul the bargain,— in which cafe the feller is entitled to
retain poffeffion of the pledge as a fecurity for the reftoration of the
Have; and if the pledge be deftroyed in his hands, he Is confidered to
have received the purchafe-money; and it is incumbent on him to
pay the fnm of the purchafe-money to the buyer, and thereby recover
his flave.
■ Ch a p . I f . P A W N - S. 2X1
I t is not lawful to pawn either a freedman, a Modabbir, a Mo-
katib, or an Am-Walid; becaufe the end o f a contract of pawn is to
eftablifh the pawnee’s poffeffion of the pledge, with a view to obtaining
payment of his claim; a view which cannot be accomplifhed in any
o f the above-mentioned inftances, as a freedman is not property, and
the fale of the others is contrary to law.
I f a perfon agree to be bail for the appearance o f another, ]t is not
allowable to demand a pledge from him on this account.— In the fame
manner alfo, it is not lawful to take a pledge as a fecurity for a criminal
condemned to fuffer retaliation either in life or limb, as in fuch
cafe the right could not be obtained by me^ns o f the pledge. It is
otherwife in the cafe of offences by mifadycnture; for there the fine
may be difoharged by means of the pledge,
I t is not lawful to take a pledge oppofed to a right of Shaffa:— in
Other words, i f a perfon appeal to the Kazee, (for inftance,) and
claim his privilege o f Shaffa, "and obtain from him a decree to that
effeft, and demand of the purchafer a pledge for the houfe over which
his privilege o f Shaffa extends, the pawn is not valid; for here the
article is not infured ip the hands of the purchafer; (that is to fay, if
the houfe fuffer any damage in the poffeffion of the purchafer, he is
not refponfible for i t ;) and a pledge cannot be taken but for matters
that induce refponfibility.
It is .not permitted to take a pledge oppofed either to a flave guilty
of a crime, or to the debt o f a flave; becaufe the mafter.is not in either
inftance refppnliblc, fipce, in cafe of the death of the flave, he is not
obliged to difcharge his debts.
A Freedman,
a M od a b b ir , a
M o ka tib , oran
A m -W a lid y
cannot be
pawned.
Pledges cannot
be taken
to fee ure the
appearance of
a furety,^
or of a criminal
liable to
r etaliation ;
or in fecurity
for a right of
S b a ffa i
or for a criminal
f l a w ,
or the debts of
a Have;