of the agreement is to obtain payment., and that can-only be obtained by
means of the produdt of the pledge, namely, the value.
An article If a perfon purchafe any thing for a particular fum, and requeft
a purchafer of the feller “ to- keep his robe until fuch time as he pays him the
tte prke^r “ purchafe-money,” the robe is confidered as a pledge; for the
tKe mercnan- buyer, in faying that the feller fhould detain the robe until he render
dize is con- i • i i r r
fidered as a him the purcnale-money, fpoke in a manner which implied an in-
fhotlh the tention of Pawn> although he did not exprefsly mention the word
term/ary« be pawn: and in every agreement regard is to be had to the Ipirit, not to
not expreisly n ' j r , , s • . J r
mentioned by the letter. -Aiffer maintains that, m this cafe, the robe is not pawned;
hlm' in which opinion Aboo Toofqf likewife concurs; and the reafon they
allege is, that the expreffion ufed by the buyer does not only imply
an intention to pawn, but may likewife fignify a depofit, which coiiflrudBon,
as being the moil favourable, ought to be adopted._It is
otherwife where a perfon expreffes himfelf, “ keep this robe in fecu-
“ rity of your debt (or goods,)” for then, in mentioning fecurity, it
becomes obvious that his objeft was to pawn it.— In anfwer to this,
however, it is to be obferved, that in either cafe his intention was to
gawn the robe ; for although the expreffion, “ keep this robe,” may
admit of the Interpretation either of pawn or depojit, yet when the
fpeaker fubjoins, “ until fuch time as I pay you the purchafe-
“ money,” it is no longer doubtful that he means to pawn, and not
to depojit it.
S E C T I O N .
I f a perfon pawn two flaves for a debt of one thoufand dirms, and where two
■ afterwards pay the proportion of one o f thefe flaves, flill he is not per- G | |^ B
■ mitted to take back that Have until fuch time as he render to the °pp°fed in
B pawnee the refidue of the debt. (By the proportion of the flaye? is to fif^h ey”*
I be underflood the particular fum for which each is pawned, when they de'em^fe-™"
■ are both oppofed to the amount of the debt.) T h e argument in fup- parately,
■ port of this determination is, that as a pawn is detained in behalf o f
B the whole debt, it is therefore detained in behalf of every part of it,
B in order the more flrohgly to bind the pawner to the payment of his
■ debt1; in the fame manner as holds with refpedl to an article-fold,.
B where, i f the feller, having paid part of the purchafe-money, be de-
■ firous of taking in lieu thereof a proportionate part o f the article, it is
H not allowed: on the contrary, he mufl wait until the payment of the
■ whole price be made, when he may take the whole of the goods pur-
■ chafed. T h e fame rule alfo holds, according to the Mabfoot, when notwith-
( the depofitor previoufly fpecifies the particular value o f each of the fta?tl,ing
1 . article be op-
■ component parts of his pledge; as, for inftance, when a perfon, poftdtoa
I having pledged’ two flaves againft a debt of one thoufand dirms, de- p a n o f the
■ dares the value o f each to be five hundred dirms. It is related in the debt'
I leeaiat, on the. contrary, that in this cafe the pawner is permitted to
■ take back the flave upon paying to the pawnee the fum which he had
I before fpecified to be his value. T h e argument of the Mabfoot is that,
1 111 the cafe in queflion, there is only -one agreement; and that no fe-
■ paration takes place in it on account of the diflindl fpecification;_in
I the fame manner as in fale-, in other words, if a perfon fell two flaves
■ for one thoufand dirms, and particularly mention the price of each to
^ be