2 4 3 P A W N S . Book X L V 1II,
the flave muft or Am-Walid * \— whence, if the pawner be rich, he is refponfible
emancipatory for the value, after the manner before (hewn in the cafe o f pawned
MUmount'V ^aves emancipated;—-but if, on the contrary, he be in indigent cir-
the debt. cumftances, the pawnee may require from the Modabbir or Am-Walid
emancipatory labour to the amount of the debt, as the fruit of their
labour is the property of their mailer. It is otherwife in the cafe of a
pledged flave emancipated by an indigent pawner; for the fruits of his
labour being his own property, he is obliged to labour to the amount of
his value only, or that of the debt of the pawner, in cafe of its being
lefs than his value.
The pawner, I t is not permitted either to a Modabbir or Am-Walid to relume
on becoming . . 1 ' • 1
rich, is re- from their maner when he becomes rich what they paid on his acf
w W H count when poor, becaufe they in fadt paid this from his property y:
patory labour but when a poor pawner emancipates the flave whom he had pledged,
r.i tiicfirmer 1 1 1 r o >
indance, but he [the Have] is entitled to take whatever he may have paid on ac-
latttr'! 1 * count of his emancipator; becaufe he has paid it from his own pro-,
perty J,— and this from neceffity, in conformity with the precepts of
the l aw, (as before obferved,) whence fuch payment cannot be con-
lidered as gratuitous §. Some have faid, that if the debt be not due at
that time, thé Modabbir or Am-Walid are compellable to earn their
value; which, as being a fubftitute for the pawn, mull be detained
as fuch in lieu of the original: but that if, on the contrary, the debt
be then due, it is in that cafe necefiary to difeharge it from the flock
o f the pawner; and as the earnings of the Modabbir or Am-Walid are
confidered as the property of the mailer, they mull therefore labour
towards obtaining a fum adequate to the whole of the debt. *§
* Becaufe Modabbirs and Am -W alids cannot be fold.
+ T h e earnings o f their labour being his right.
J T h e labour and earnings o f a freedman being confidered as his own property,
§ A perfon is not entitled to recover, who pays the debts o f another in a gratuitous
manner.
If
C h a p . IV . P A W N S.
If a pawner emancipate the flave whom he had created a Modab-
bir, as above, it is not then incumben,t on the. freedman to earn a
o-reater fum than his value, although he Ihould be thereunto commanded
by the Kdzee; for, after emancipation, the fruits of his labour
are his own property. Still, however■, -he cannot recover from
his mailer what he had paid on his account prior to his freedom, as
that was, in fadt, the property of the mailer.
I f a pawner deßroy the thing he had pledged, the fame rules hold
as are eftablilhed in the cafe of emancipating the pledge.
If a ftranger (that is, a perfon unconcerned in the contradt) de-
ftroy the pledge, the pawned’(not the pawner) litigant againfl him,
and may take from him a compenfation för thé value, which he mull
retain in pawn in place of the original'pledge; ’for the pawnee, as
being the möA entitled to the fubßance of the; pledge, is alfo moll entitled
to its fubftitute, namely, the value. It is here to be obferved,
that the ftranger mull compenfate for the pledge according to the
value which it bore at the time of its being deftroyed. If, therefore,
it be valued at five hundred dirms at the period of its deftrudtion, and
at one theufand dirms on the date o f the contradt, the ftranger mull
account for five hundred dirms to the pawnee; who mull retain the
fame in pawn;— and five hundred dirms are remitted from the debt;
tor the deficiency to that amount is.a deftrudtion which has occurred
in the hands of the pawnee, oqcafioned (as it were) by the vifitation
of heaven; and as the property has thus perilhed in his hands, a proportionable
amount is therefore dedudted from his claim.
If the pawnee deftroy the pledge before the expiration of the lli-
pulated term of payment, he is refponfible for the value, becaufe of
his having deftroyed the property of another;— and this value he is to
retain in pawn until the term of payment arrive; for as it is a fubfti-
I i 2 tute
?43
An emancipated
Mo d ab b
i r does not
owe the
pawnee labour
beyond
his value.
Deftru&ion
of the pledge
by thé
pawner;
by aß r anger ;
or by the
pawnee*