or being led
in hand.
A perfon
wantonly
firiking an
animal, To as
to occafion
mifchief. is
refponiiblej
a-nd fo like-
wife, a perfon
who fets any
thing in the
highway*
whkhrenders
the animal
miLhievous.
man was trodden down without the bead making any flop, becaufe,
in this cafe, its motion .is referred to both alike*.
If a man be leading an animal, and another di'ike it, and it break
away from the leader, and commit any damage without dopping, the
perfon who druck it is refponfible ; (and fo.likewife where the animal
was driven by any perfon, indead of being led',) becaufe, as the
breaking away of the animal was owing to the aft of the dnker, any
accident that may enlue is referred to him.
If' the driker, in the examples here recited, be a {lave, he is refponfible
in his perfon for any damage which may enfue;— or, if he
be an infant, the refponfibility (for property dedroyed, of for any
perfonal injury ftiort of a Mawziha wound) lies againd his edate; be-
cauie daves and infants are liable to be profecuted for their ads.
If a bead be druck by any thing which a perfon may have fet in
the highway, and fly out, and kill a man, the refponfibility. reds with
the perfon who placed the thing .there for as he tranigreffed in fo
doing, the driking is therefore referred to him, the caufe being in effect
the fame as if he had himfelf druck the animal.
* A frivolous difcuffion, on this point, o f confiderable length is omitted by the tranflator.
CH A P .
C H A P . IV.
Of Offences committed by or upon Slaves.
U pon a flave committing any offence by inifadventure, his mader Aflavecom-
mud be required either to make him over to the., avenger of the 4 . o of- f"elnitctien bgya mnoiU(-
fence, or to pay a redemption * for him. This is according to our adventure
dodtors. Shafei maintains that the flave’s offence attaches folely to overtothF*
his perfon; whence he mud be fold in order to make fatisfadion for redeFed”
it, unlefs his mader agree to pay the fine thereby incurred. One refill
t of this difference of opinion is that, according to our dodors, if
the mader, being aware o f the offence, emancipate the flave, he is-,
immediately fuppofed to prefer the mode of paying a redernptionary
atonement, as above; for as he had two modes of condud in his
choice, and thus incapacitates himfelf from adopting one of them, the
other confequently remains binding;— whereas, according to Shafei,
the offence, after fuch manumiffion, is to be accounted for by the
Jlave, not by the emancipator; becaufe it was to have been accounted
for by means of his perfon ; and as the mader, in emancipating him,
parted (as it were) with his perfon, the matter o f courfe reds with
the flave, (It is to be obferved that, concerning this cafe, a difference
of opinion obtains among the companions; the opinion- o f Ibti
Abbas coinciding with the tenets of our dodors, and that of Omar
with the tenets of Shafei.')— Shafei, in fupport of his opinion, argues
Arab. Fiddeeya.— T h e redemption, or redemptionary atonement, in this inftance,
n>uft not be confounded with the ranfom in a con trail o f Kitabat, Fiddeeya being defined
a Redemption fo r what is otberwife fo rfeited .9*
V o l . I V . P d d that,