S E C T I O N .
O f Offences committed by Modabbirs and A m - W a l i d s * .
The m a f e r If a Modabbir or Am-IValid commit any offence, the mafter is ac-
° i i r m A m - ' countable for the leaft of the two, the value of the offender, or the
WaWisac- fine for the offence.— T h e mafter is thus accountable ; becaufe it is rec
o u n t a b l e f o r J 7
t h e i r o f f e n c e s , corded of Aboo Abeeda that he once decreed the offence of a Modabbir
t o t h e fm a l l e l l . , n , , , - to be accounted for by his matter; and alio, becaufe, as the mafler,
a m o u n t b e t
w e e n t h e f in e
a n d t h e v a l u e .
by having confHtuted the offender a Modabbir or an Am-Walid,, coun-
teradls (as it were) the regulation of making him [or her] over, the
cafe is therefore, in effedt, the fame as if he had fo done after the offence,
and at a time when he was .not aware of it.— He is alfo accountable
for the leaft of the two, the value, or the fine, (as above,) becaufe
the avenger ofthe offence is not entitled to any thing beyond the
fine for i t ; and the mafter, by having conftituted the offender a Modabbir
or Am-Walid, counteradts the regulations merely to the amount
of the value, not with refpedl to more than the value.
O bjection.— T h e avenger of the offence not being entitled to
any thing*more than the fine, and the mafter (by having conftituted
the offender a Modabbir or Am-Wahd,) having counteradled the regulation
merely to the amount of the value, it would follow that the mafter
fhould have it in his choice to give either the value or the fine, in the
fame manner as, in the cafe of an abfolute Have, the mafter has it in
his choice either to make over the flave, or to pay the redemption.
R e p l y .— An option in this inftance is attended with no manner
of advantage, as the fine for an offence and the value of a Have are of
* T h a t is, b y untransferable f la v e s .
the
the fame kind, and it is certain that the mafter will chufe that which
is the fmalleft..— It is otherwife. in the cafe o f an abfolute flaVe ; for as
a flave is a Specific article, and men frequently feel an attachment to
fucb, it is therefore poflible that, in this inftance, the mafter might
prefer paying the redemption, .although that be more than the
value of the .Have ; and hence there is an advantage in leaving him an
option.
T here is no fine incurred for the numerous offences of a Modabbir,
beyond one payment of his value, notwithftanding they be committed
in immediate fucceflion; becaufe the mafter, by having created
his flave a Modabbir, has countcradted the regulation with refpedl
only to one individual flave; and alfo, becaufe paying the value is
equivalent to giving up the flave; and as a mafter cannot make over his
flave more than once, fo in the fame manner he is not required to
pay the value more than once.— When, therefore, a. mafter pays the
value of his Modabbir on account of feveral diftindl offences, the avengers
of the offence are to divide it among them, each taking in proportion
to his refpedlive ftiare.— It is to be obferved, however, that as
regard muft be had to the value the Modabbir bore at the time of
the offence, attention is therefore to be paid, on behalf o f each claimant,
to his value on the day .in which the offence was committed on
him, as it is on that day that the oppofition of the mafter operates.._
Hence i f a Modabbir kill a perfon by mifadventure, at a time when his
value is one thoufend dirtns, and afterwards kill another by mifadven-
ture, at a time when his value has increafed to fifteen hundred dir ms,
the heir of the f i r f flain perfon is not'entitled to any proportion out of
the excefs five hundred, but that goes entirely to the heir of the fecond
uain perfon, and the two ftiare the remaining thoufand between them,
according to their refpedlive rights.— Now the right of the firft is to
ten thoufand dirms, and the right of the fecond to nine thoufand five
hundred dirms, (for he has received five hundred.) T h e whole right
of both is therefore to be divided into thirty-nine equal lots, each lot
V ol. IV. II h h correfponding
T h e h i g h e l t
p e n a l t y , f o r
numerous o f f
e n c e s o f a
Modabbir, is
o n e p a y m e n t
o f h i s v a l u e ;