from the vifurper is in lieu of what refis with thefir ji avenger, not in
lieu o f what refis with the fécond ; and therefore his paying the fame
to the firfl avenger a fécond time induces a reiteration of claim. The
argument o f the two Elders Jg, that the right pf the firfl avenger extends
to the whole value o f the flave ; fpr atg., at the time of the firfl
offence, no other offence had taken place, there i,s therefore no prevention
* from the fécond offence, the only circùmflance which could
trench upon pr leften the firfl avenger's right. T h e ma.fter, therefore,
being thus poffeflèd o f fomething in confideratiop of the ftave,
unoccupied by any other claim, the firfl avenger i.s entitled to take it,
in order to the completion of hip, right; and upon bh fo doing,, fha
maflgr is again to reitnburfe himfelf fqr the fame from the ufurper, as
, 'the firfl avenger took it from him on account of an offence committed
by the Modabbir whilfl in the ufurper’s hands,
* ^F’ 011 ^ie ot^er hand, a Modabbir firfl çommit an offence whilfl
firft “commit- in the poffeffion of his mafter, and then a perfon ufupp him, and he
tenc^witfahis commit'another offence whilfl in the poflbfiion of the ufurper, the
maftcr, and mailer is accountable to the two a vengera of offence for his, value
ufurpedjcom- which they fliare equally between them ; and he is entitled to reim-
oth“rn|itah ‘ burfe himfelf for half the value from the ufurper, for the; reafpns ex-
the ufurper. plained in the preceding example. As, however, in this;inflance,
the mailer takes the half, as aforefkid, on* account of th& fécond offence
committed in the ufurper’s hands, not on account of the firji,
offence, he. is to make this over to the firfl avenger, but cannot reim-
burfe himfelf from the ufurper a fécond time ;— anp this according to
all authorities. T h e ground of diftinftion between this and the preceding
cafe (according to Mohammed) is that, in the former, if the
mafler were to pay that half o f the value, which he takes from the
ufurper, to the firfl avenger, it induces an union of the confederation
and the return in one perfon, as has been already Hated ;— whereas,
* Arab. M zà h im a t. T h e meaning is, preventing a thingfrom taking its f u ll tffe£i.
in the latter, this confequence is hot induced ;• becaufe, as the firft
offence was committed in the mailer’s hands, what he takes from the
ufurper is therefore on account o f the fccond offence, that having been
committed in the hands of the ufurper; and hehce, his making over
this to the firft avenger does not induce an union of the confideration
and the return in one perfon.
If a pérfon ufhrp thé flave oft another, and the flave commit an Caft of a
offence whilfl in the ufurper’s poffeffion, and the ufurper n _ F afterwards ed, comufmuri-pt-*
reltore hini tó his mailer, and the flave then commit another offence dng an °^*
whilfl iii his mailer's hands, the mailer mull refign him to- the two S” tfuTpii
avengers, and is then to take an half o f his value from the ufurper and ?nd H I Ü
make it Over to the ji^jt avenger,— and is again entitled to reimburfe committing
himfelf for fuch half from the ufurper. (This- is according to the two hfc mate!*
Elders. Mohammed maintains that Be is to take the half from the
ufürpër, and retain it for his own ufe, without any further procefs,).
If, on the contrary, the flave firft commit an offence in the hands of
his mafler, and a perfon then ufurp him,, and he commit an offence
in that perfon’ s hands, bis mafler muft make him over to- the two.
avengers, in equal fhares ; arid mull then take an. half of his value:-
from the ufurper, and pay it to the firfl avénger ; but is not. again to
reimburfe himfelf, for tills half, from thé ufurper. T h e rcal'on o f
thiè diftinélion has been already affigned; for there is no other- differ-*
ence between this, arid thé café óf the’ Modabbir, than that here the
mafler is to make over thé flave,— whereas, in the other inftsfj.ee, he
is to pay the value of thé Modabbir.
If a,perfon ufurp a Modabbir, who commits air offence whilfl in His Cafe ofaM,-
P° e ion, and he then reftore him to his mafter, and again ufurp him ^^'r.ufurp-
»id the Modabbir again commit another offence in. his poffeffion,— the reftor!dfnS’
i W - M l f f P W Ê B m t0 two.avengers, inequal
. ror as the mafler,- in ha.vmg conftituted his flave a Modabbir fanf Perfon>>
ïc’Jiitera£ls the regulation [of refigninghim] only with refpeff to the '^ndlfg"
Angle