and lb, like-
wife, if he
m ake delivery
of him
Under an in valid
fale,
or conllitute
him a Moka-
tib ,
giving him away, or making him a Modabbir^ or ( if a female) an
Am-Walid,— all thefe ads being preventive: of making the Have over,
as they annul the mafter’s right'of property. It is otherwife, indeed,
m a eafe of a ck n ow led gm en t(th a t is, where the mafter in whoYe-
hands the offending flave is acknowledges [declares] him to-be the
flave of another;)— for the-acknowledgment does not invalidate the
light of the avenger of the offence, fince in luch cafe the perfon in
whofe favour it is made will be required to make over the flave. This
is according to the Mabfoot.— (Koorokhee maintains that acknowledgment
is connected with fale ; becaufe the offending flave is the property
of the acknowledger in appearance, qnd the perfon in whofe.
favour it is made is entitled to him folely in virtue thereof, in the
fame manner as if tlie mafter were to declare his having_/ö/<f the flave
to this perfon.) It is proper, alfo, to remark, that as the opinion delivered
in the Mabfoot upon this fubjed is mentioned without any re-
ftridion, the rule comprehends all offences whatever, whether affed-
- ing life, or otherwife ; becaufe fine is equally incurred in all inftances.
It is alfo to be obferved, that what has been faid offale (as being fimi-
lar to emancipation, in the cafe in queftion) applies equally to fale under
a condition o f option on the part of thé feller ; ,a§-the feller’s right
of property is extinguifhed by this, as well as' by an unconditional fale.
It is otherwife where an option is referved to the feller ; or where he
merely expofes the flave to fale; for in neither Of thefe cafes is his
right of property extinguifhed.
If a mafter fell his flave, being an offender, by an invalid fale, he
is not accounted to have adopted' the mode of redemption until fuch
time as he deliver the flave to the purchafer; for, in a cafe of invalid
ale, the feller’s right of'property is not extinguifhed until the article
fold be actually delivered over to the purchafer. It is otherwife where
a mafter conftitutes his offending flave a Mok&tib, by an invalid con-
trad ; (as where, for inftance, a Muffulman mafter does fo, in con-
fjderation of wine ot pork ;)-t)ecaufe, in fuch cafe, the mafter is accounted
C h a p . 1 V . F I N E S .
counted to have adopted the mode o f redemption ; for as, in a cafe of
Kitcibat, a title to freedom is eftablifhed before the payment of the
ranfom, [the confideration of Kitdbat,] the mafter is therefore accounted
to have adopted the mode of redemption immediately upon
concluding fuch contrad. 1
If a mafter fell his offending flave to the offended perfon he is
accounted to have adopted the mode o f redemption *. It is otherwife
where he transfers the flave in g ift to the offended perfon; becaufe
this perfon is entitled to take the Have without any recompence ; and
this mode of tmnsfer is^eftablifhed in a cafe o f g ift, although no; in a
I cafe of file . T h e mafter is therefore accounted to have adopted the
| mode of redemption in one cafe, but not in the other.
of I theft° ffC? deJ.Perr? n 6IT ciPate the le n d in g flave, on behalf
of his mafter, by his [the mafter’s] defire, the cafe is fubjed to the
H ruleas where the mafter emancipates the flave himfelf, the ad of
the perfon direded being referred to the diredor.
If a mafter ftrike his offending flave, fo as to occafion a defed in
,W + he is accounted to have adopted the mode of redemption S t wererr HiHi i KIH B ; efed he prevents the making over of the flave with refped to the
■ .h „S rendered defedti«, S mlki 0„ r , hc
■ B S P S T h e W obtains. „ h S “
S : i l , f c ' “ * S K , and her mader has carnal connexion
H R b“ “ r' I 'b»a I " « .» , a defed. 3 oth^wift w h S
[ erely contrads her in marriage to another perfon; for this, al-
t Depriving him o f a hand, for inftance.
o r fell him ,
(by a valid
fale,)
or another
emancipate
him on his
behalf,
o r he himfelf
maim him ,
or (the offender
being
a virgin) deflower
her;
though