3/8 F I N E S.
The driver o f
an animal is
refponfible
for any accident
occa-
fioned by its
faddle, &c.
falling off.
Refponlibi-
lity ih the
cafe of a firing
o f camels.
B ook L.
man, then, in a cafe of mifadventure, the freeman’ s Akilas are refponfible
for the value o f the Have, which muft be paid to the freeman’
s heirs, whofe right is extinguifhed with refpeS to any thing
beyond fuch value;— (as if, for inftance, the value of the (lave were
one thoufand dirms; in which cafe the freeman s heirs would be entitled
to take, from his Akilas, one thoufand dirms, the remaining nine
thoufand of the freeman’ s fine being remitted ;)— becaufe, in conformity
with the tenets of Haneefa and Mohammed, the value of the
flave is due from the freeman’ s Akilas, as the compenfation for his
[the flave’s] perfon, for which the Akilas are re fp o n fib le a n d of
this the freeman’ s heirs are entitled to poffefs themfelves, becaufe it is
(in effeft) an equivalent for the flave;—but their right to any thing beyond
the value of the flave drops, as the flave has left nothing behind
him to anfwer fuch excefs. If, on the contrary, the parties, being
a flave and a freeman, rufh againft each other ’Wilfully, the freeman s
Akilas are accountable only for h a lf the value of the flave, (a wilful
cafe only inducing half of the refponfibility,) which muft be paid to
the freeman’ s heirs; for as, in this inftance, a moiety o f the fine for
the freeman was due from the flave, and he left nothing except the
half of his value, (as above,) they are therefore entitled to poffefs
themfelves of the fame, and the remainder of the half fine, beyond
half the value of the flave, is remitted.
If a perfon be driving an animal along, and the animal $ faddle or
load, or any thing elfe which may be upon it, fall off, and kill a man,
the driver is refponfible, as having been guilty of a tranfgreflion, in
neglecting to fecure the load, or fo forth, properly upon the animal,
for if it had been fufficiently fecured, it could not have fallen off.
T he perfon who leads a firing o f camels is refponfible for any
thing which they may tread down. If, therefore, the camels tread
down a man, the fine for him is due from the leader s Akilas, or, if
they
they tread down property, he is to make compenfation for the fame ;
becaufe it was his bufinefs to look to the camels, in the fame manner
as a driver; and as, where he negle&s fo to do, he is guilty of a tranfgreflion,
and tranfgreflion occafions refponfibility, he is refponfible
accordingly:— but the refponfibility for the perfon refts with his
Akilas, and that for the property with himfelf, as has been already
explained. I f there be a driver to the firing, as well as a leader, the
refponfibility refts equally with both; becaufe, as the leader of one
camel is the leader of the whole, fo the driver o f one is the driver of
the whole, the halter of each being fattened to the one immediately
before him. This rule, however, obtains only where the driver is at
the end of the whole firing; for i f he be in the middle, and there lay
hold of the halter of one of the camels, he alone is refponfible with
refpedl to fuch damage as may be occafioned by the camels which
come after him ; becaufe the leader at the head of the whole cannot
be faid to lead thofe, on account of the firing being thus interrupted ;
— but both are equally refponfible for any damage occafioned by the
camels before him, fince he drives thofe at the fame time that he leads
■ the others.
If a perfon fallen a camel to a firing of camels, with the leader’ s
knowledge, and the camel fo fattened tread down a man, the fine for
him is due from the leader’s Akilas, becaufe'it was in his power to
have looked after and watched his ’ camels, fo as to prevent an additional
one being joined to the firing; and in negle&ing fo to do he
was guilty of a tranfgreflion; which occafions refponfibility. Now
the homicide, in this inftance, is homicide hy an intermediate caufe',
and the fine for it therefore falls upon the Akilas, in the fame manner
as in a cafe of homicide by mifadventure. But the leader’s Akilas are
entitled afterwards to reimburfe themfelves by taking the amount of
the fine from the Akilas of the perfon who fattened the additional
camel to the firing; becaufe it was by his ad that they became fub-
jecled to the payment of i t ; and the only reafon why the refponfibility
C c c 2 did