but not if he
pawn the offender,
or let
him out to
hire.
A mailer, in-
fligating his
flave to comm
it an o ffence,
is accounted
to
have adopted
the mode of
redemption.
though it occafion a defeCt in law, yet does not render her perfon defective;
nor does it prevent her being made over ; whence the matter
is not accounted to have adopted redemption in this inftance. It is
allb otherwife where a matter has connexion with his Siyeeba Have
being an offender ; for Ihe does not fuftain any injury from fuch connexion.
It is otherwife, alfo, where a matter merely ufes the fer-
vices of his offending (lave; becaufe ufufruCt is not particularly re-
ftriCted to right of property;— whence it is that a condition of option
[in a cafe of fale] is not annulled by accepting fervices [from a Have
fold under fuch condition.]
If a matter let out his offending Have to hire, or pawn him, he is.
not accounted to have adopted the made of redemption, according te;
the Zdhir Rawayet. In the fame manner, he is not accounted to have
adopted the mode of redemption if he permit him to trade, notwith-
Handing his being in confequence involved in debt, becaufe fuch per-
million does not prevent his making him over, nor does it occafion
any defect in his perfon. In this laft cafe, however, the offended
perfon may refufe to accept the Have on his being tendered to him;
for as he is, in this inftance, involved in debt, by his matter’s per.
million, he, therefore, is bound for his value.
I f a matter offer to emancipate his Have on condition of his killing,;
lhooting at, or wounding a certain perlon, and the Have a£t accordingly,
he [the matter] is accounted to have adopted, from the firft,
the mode of redemption. Zifter is o f a different opinion ; becaufe
neither the offence, nor the matter’s knowledge of it, was eftablilhed
at the time of making the offer; and nothing has appeared on the
part of the matter, after the offence was committed, to manifefthisj
having adopted the mode pf r e d em p t io n th e cafe being limilad to
Where a man fufpends the divorce of his wife, or the emancipation of
his Have, upon a particular condition, and then fwears “ that hé wilt
“ not divorce his wife, or emancipate his Have,” and afterwards the
condition!
condition aforefaid takes place, and the wife becomes, in confequence,
divorced, or the Have free,— in which cafe, ftill the perfon is not
forfworn, fince nothing has proceeded from him, to occafion divorce
or emancipation, fubfequent to his vow. T h e arguments o f our doc-
tersupon this.point are twofold. F i r s t , the matter has fufpended the
manumiffion of his Have upon the condition of his committing a particular
offence; and as any thing fufpended upon a Condition takes
place on the condition being fulfilled, the cafe is therefore in effeft
the fame as if he had emancipated him after the offence.— S e c o n d l y ,
the matter has incited the Have to the commiffion o f the offence,
namely, the killing, lhooting, or wounding, in having caufed his
freedom to depend thereupon ; and as the flaPe is naturally defirous of
freedom, it is almoft certain that he will perform the condition. Such
inftigation, therefore, evinces that the matter had adopted the mode
of redemption from the firft.
If a flave wilfully cut offaperfon’ s hand, and his matter make him
over to the offended perfon, either by a decree of the Kdzee, or other-
wife, and the perfon emancipate him, and afterwards die o f the
wound,— in this cafe the making over of the Have is a compofition in
full for the offence;— in other words, the offenCC is remitted. It
would be otherwife i f the offended perfon had not emancipated the
llave; for in this cale, upon his dying, the flave would be reftored to
his former matter, and the heirs of the deceafed Would then be defired
either to put him to death or to pardon him. T h e : reafon o f this is,
that upon the wound proving fatal, withoüt the flaVe being emancipated,
the compofition is made void ; for a compofition was accepted
merely for this reafon, that the penalty was apparently to confift of
property, retaliation not being inflicted upon a Have for the members
of a free perfon : but upon the dilmemberment proving fatal, it appears
that [a fine of] property was not incurred, but retaliation. As,
therefore, the compofition has taken place without any thing beino-
oppofed to it, it is confequently null ; and retaliation is incurred of
V ol. IV. E e e courfe.
A flave, made
over for a
wilful offence,
and emancipated
by the
offended
party, who
afterwards
dies in confequence
of the
offence, isnot
liable to an-
fwer for the
death.