T h e pawnee,
uiing the product
from the
pledge by
permiflion of
the pawner,
is not liable
for any thing
on that account.
The pledge
may be augmented,
but
not the debt.
P A W N S ,
which are fet forth in the Kafayat-al-Moontihee; and the whole are
enumerated in the Jama Sagheer and Zeeud&t )
If a perfon, having pawned a goat, defire the pawnee to milk it,
giving him, at the fame time, permiflion to enjoy whatever quantity
he might milk, and the pawnee ad accordingly, he is not liable to
compenfate for the milk he may have thus corifumed, nor is his claim,
on that account, 111 any meafure dimimfhed, fince he ufed the milk
at the inftance of the pawner. If, therefore, the goat die unredeemed
in the hands of the pawnee, the debt owing to him mu ft be
divided into two parts,' proportionate to the value 6f the goat and of
the milk; and that part oppofed to the goat is cancelled ; whilft the
other part, oppofed to the milk, remains due from the pawner; be-
caufe, although the milk be the property of the pawner, yet as the
'pawnee confumed it by his. defire, the cafe is - the fame as -if the
pawner had himfelf taken and deftroyed it. T h e pawnee, there- (
fore, is not anfwerable for the- milk: but [if the goat die] his claim
ftill exifts with refpeft to that proportion which correfponds witfe it.|
T h e fame rule alfo obtains with regard to the offspring of a goat,
which a pawnee "eats at the defire o f the pawner; and, in finijl
with refpeft to every increafe accruing from pledges, pofterior to,
the contraft.
T he augmentation of a pledge is lawful, in the opinion of all our.
doftors;— as where, for inftance, a perfon, having pawned a Have tor ■
a debt of one thoufand dirms, afterwards gives the Have a garment to
be detained likewife in pawn in fecurity of the fame debt;— in which
both [original and offspringj and the produft gives the proportion o f the origina l;
which the fame procefs muff be obferved with refpea to the o f f s pr i ngwhe n thecalcv
lation will ftand thus :
150 : 10 0 :: io o — 66-| the proportion o f the original pledge.
1 5 0 : 1 0 0 : : 50— 3 3} the proportion of-the offspring.
. cafe
cafe the addition fo made to the original pledge is lawful, and the
garment is included in the agreement; the cafe being, in Ihort, the
fame as if the Have and garment had been originally pawned together.
On the other hand, the increafe of a debt in fecurity of which a pawn
has been taken is not lawful, (according to Haneefa and Mohammed;)
that is to fay, the pledge oppofed to a particular debt does not alfo
ftand oppofed to any increafe upon it. Aboo Toofaf holds that both
debts are liquidated.— The addition to a pledge, as here ftated, is
termed Zeeadit Koofdee, or intentional increafe*; and the debt is to be
between the value the original pledge bore at the time of pawning it,
and that which the addition bears on the day of its '.delivery.— Hence
if the value of the latter was then five hundred dirms, and that of the
original pledge at the time of concluding the agreement one thoufand,*
and the amount of the debt likewife one thoufand, the debt is in that
cafe divided into three ftiares, two of which are oppofed to the original
pledge, and the remaining one to the increafe; and according to this
proportion they are refpeCtively charged for, if loft or deftroyed in the
hands of the pawnee.
If a perfon, in fecunty of a debt of one thoufand dtrms, pawn a
female Have of the fame value, who afterwards brings forth a child
likewife eftimated at one thoufand dirms, and the pawner then in-
creafe the pledge by the addition of a flave alfo valued at one thoufand
dirms> (faying to the pawnee, “ I have added this flave to the child
“ of the pledge,” ) the flave is in that cafe pawned with the child only.
If, therefore, the child afterwards die, the flave is no longer in pawn,
infomuch that the pawner may refume him from the pawnee without
making him any return. If, alfo, the Jlave fhould die, or be loft,
nothing is chargeable on that account to the pawnee.— If, on the other
hand,* the mother fhould die, the debt muft in that cafe be divided
between the value fhe bore at the time o f concluding the contract,
* T o diftinguilh it from accidental increafe by breeding, vegetation, & c .
V ° l . IV. I M m and