flave; for a mailer’ s property in his-flave does not oppofe his right to
retaliation, the flave, with refpedt to his blood, remaining in the original
ftate o f m a n , namely, freedom.—Now, retaliation being incurred
on behalf of both mailers, an half of it is therefore, in an indefinite
manner, incurred on behalf of each of the two; and the
moiety of the half of each, refpe&ively, is of courfe involved in the
other’s half. But upon one of them granting a pardon, the other’s
right to retaliation is annihilated, and he then becomes entitled to property,
indefinitely, in the fame manner as he had been before entitled
to indefinite retaliation; and one h a lf of his right, therefore,
(which is a fourth of the whole,) is converted into property, with
refpect to his fhare; and then becomes extinguilhed in toto, (in other
words., fails even with refpedl to the exchange for retaliation, namely,
property,) as a mailer cannot be a claimant of debt againll his flave;
and the other half of the right (which is likewife a fourth of the
whole) is converted into property, with refpeft to the Ihare of the
other partner, who granted the pardon, and confequently does not drop,
-but he is delired either to make over a moiety of his Ihare (namely,
a fourth of the flave) to hfs copartner, or to pay a redemption to the
amount of a fourth of the fine of blood in lieu thereof.— T h e argument
o f Haneefa is that, as retaliation is due on behalf of both
mallere nidifcriminately, it therefore bears the conftru<ftion of being
due on behalf of each in particular, with refpect either to the whole of
the flave, or the half of him,— in this way, that the right o f each,
(namely, an half) is connected with his own particular Ihare,_or,
in this way, that the right of each is connected with the other’s Ihare,
— or, in this way, that a moiety of the right o f each is connedted
with his own particular Ihare, and a moiety with the Ihare of his
partner, indefinitely and without difcrimination; and on none of thefe
fuppofitions is there ■ any obftacle to retaliation, as all the parts of a
flave are alike with refpedt to retaliation, no one of them in regard to
it being left than another.— Upon the right, therefore, of one of the
inafters being converted into property by the other granting a pardon,
there
Chap. IV. F I N E S .
there is a poflibility of the whole of his right being due to him, con-
fidering his whole right as connected with his partner’s Ihare ; and it
is alfo poffible that the whole o f his right is extin dt, confidering his
whole right as connected merely with his own fhare ; and it is likewife
poffible that an half of his right is due to him, confidering one half o f
his right to be connected with his own fhare, and another half with
the fhare of his partner, indefinitely ;— and hence there is a doubt with
refpedt to the obligation on the other partner : and any circumftance
of doubt, in a matter of property, prevents the eftablifhment of a
claim.
'40 S
S E C T I O N .
If a perfon kill a flave by mifadventure, he is refponfible for the A flave flam
value of fuch flave, provided it do not exceed ten thoufand dirms'; but ■ ■ n |
if it amount to ten thoufand dirms or above, he is dire£ted to pay ten acc.ounted for
thoufand dirms excepting ten, (that is, nine thoufand nine hundred ofhis raiuef
and ninety;) and where, on the other hand, the value of a female thoufand nine
Have (fuppofing the one killed to be fuch) equals or exceeds the fine 1'?ndred ,and
for her blood, the perfon who killed her is directed to pay five thou- p j& '-jk?
fand dirms excepting ten.— This is according to Haneefa and Moham-
med.' Aboo Yoofaf and Shafei maintain, that the perfon who kills the
Have is refponfible for the value to whatever amount; becaufe the re-
fponfibility is in confideration of the worth not o f the blood-, ( whence
it is that it holds on behalf of the flave’ s mafler, who is proprietor
only with regard to the worth, not with regard to the blood, with re-
fpeft to which a flave is in his natural ftate o f freedom ;) for i f it were
111 confideration of the blood, it would neceflarily follow that the flave
1 would