P ' A, W H % B ook XT,.VlII,
is paid,in the cafe of fa le, (whence the purchaferhas.. no. option in,
confequence of any cafual. fall in the market, but owes, the whole
price agreed for,) nor in the cafe of ufurpation, (whence an ufurper,
upon reftoring the article he ha? uftpped,, is notrefponfiblp for any
depreciation it may have fuftained in the interim of ufurpation from a
fall in the price.) As, therefore, no part, of the debt is remitted in
confequence of a fall in the price, the Have continues in pledge op-
pofed to the whole o f the debt;— and upon any perfon killjno- him,
he pays the value which he [the Have] then bears, namely, one
hundred dirms ; (for, in exadting compenfation, regard.muft.be,pa;id to
thb value at the time-of the defoufitioa. taWng'plgcajj-T-ipdVt^'
pawnee takes the hundred dirms, as being a compenfation for the
worth of the pledge with refpedt to the owner of it. But, after this,,
the pawnee has no further claim on the pawner; becaufe the feizin of
the pawnee Bands as a feizin of payment from the time of his obtaining
pofleflion o f the pledge, which payment is confirmed in the event
of the lofs-of the. pledge whilft in his pofleflion. T h e value of'the
Have, moreover, at the beginning was, one thoufand dirms, and upon;
his being deftroyed in'the hands of the pawnee, he [the pawnee] is
accounted to have received payment of His whole debt in virtue of his
original feizin. But iince, in confequence of his having received one
hundred dirms, it is impoflible that he can alio be thus accounted to
obtain payment of one thoufand dirms (the original value of the (lave)
without inducing ufury, the matter is therefore fettled thus,— that he
received thefe hundred dirms as part payment of his debt of one thoufand
dirms, and that there ftill remain nine hundred dirms annexed,to
the fubftanceof the pledge;'and that, upon the pledge being deftroyed,
in his pofleflion, he is in confequence of fuch deftruction accounted to
receive payment of nine hundred dirms. It is. otherwife where, the
Have-dies a natural death in the hands of,the pawnee; for as, in that
cafe, there can be no imputation of ufury, he is therefore held to have
received payment of the whole of the debt in that inftance.
Ch ap. ÏV . ' P -'A W N S.
If a perfon pawn a Have eftirMïêd a’t oii'e thoufand dirms in fecu-
i rity of a debt of the farrie amount, ;afid the value of the Have be afterwards
lowered to Orie hriridfbd 'dirks by à fall in fhe price, and the
pawnee be authorized by the pawner to fell the Have, and accordingly
fell him for one hundred dirms, arid take pofleflion of the price towards
the difcharge of his debt,— he is ftill entitled to receive from
I the pawnee the remaining nine hundred dirms -, for as the pawnee fold
the pledge at the inftance of the pawner, it is in effedt the lame as i f
the pawner had taken it back arid fold it himfelf,—in which cafe the
I agreement- would be diflolved, and the debt would continue in force
I except in regard to that fum which, the pawnee had received,— and fo
I here likewife.
If a perfon pawn a Have valued at one thoufand dirms again/! a
I debt of the fame amount, and afterwards a Have valued at one hundred
I dirms kill the flâvè in pawn, and having been given in compenfation
■ for h'te blood, be detained in pawn in lieu of him, the pawner “is in
I that cafe compellable, to redeem him by the payment o f the wholè of
I the debt, namely, one thoufand dirms. This is the opinion o f Ha-
! neefa and Aboo Toofaf. Mohammed maintains that the pawnèr is in this,
I cafe at liberty either to redeem the pledge by difcharging. the whole of
the debt, or to transfer the property of it to the pawnee as a commu-
I tation. Ziffer, on the other hand, contends that the flave who per-
I petrated the murder is to remain in pawn in fecurity of one hundred
I dirms ; and that the remaining fum of nine hundred dirms is accounted
I tô bè difcharged ; becaufe (as he argues) the feizin o f the pawnee in
I virtue of the contrad is: a feizin o f payment, which is fulfilled in
I tbs cafe by the deftruftion of the pledge : but as the pledge has left
I behind it a return Or confideration, equivalent to the tenth part of the
I debt, fuch-part is therefore ftill due, and the flave is detained in pawn
I m fecurity thereof. The argument of our doftors is, that in this cafe
Wpart of the debt is remitted ; becaufe the fecond flave is a fubftitute
for the firft, in regard merely to flejh and blood, (that is, in regard to '
r ' 0
0 appearance ;)
but if (after
fuch depreciation)
he fell
it by defire of
the pawnee
for payment
of his claim,
he is ftill entitled
to any
deficiency.
The pawner
muft redeem
a flave of
lefs value (received
by the
pawnee in
compenfation
for having
flain the flave
in pledge) by
payment of
his whole debt*