4 6 a L E V Y I N G ' B oo k LI.
for it appears that the fine was decreed againft the A hlas folely on the
around of a mutual confirmation between the murderer and the avengers
of blood, which confirmation is a ptoof againft the Akilas^ but
not againft the murderer himfelf. Nothing, therefoie, falls upon
him ;— unlefs, however, he be enrolled and have pay appointed to him
in the fame regifter with the Akilas; in which cafe he is to pay his
proper (hare ofithefine; becaufe with rcfpccl to his Ihaie of it he has
made an acknowledgment againft himfelf; and his acknowledgment,
fo far as it merely affe£ts himfelf, muft be admitted in proof againft
him; but with refpea to the {hares of the Akilas, he has made an
acknowledgment affedling others; and an acknowledgment tending to
affea others cannot be admitted.
in cafe of the If a perfon accidentally kill a {lave, the fine, namely, the value of
ria^'hifva- the {lave, is due from the Akilas of the flayer-; becaufe it is.a confidelue
is doe ration for the perfon, as was before mentioned. According to an
trom the A k i - r J r t n
las o f the opinion of Shafei, it is due from the property or the ilayer, as being,
murderer; jS| a conficieration for property; whence (as he maintains,) the
flayer is refponfible for the flave’s value to whatever amount. The
former opinion is approved.
bat they are l F a freeman commit an offence upon any part or member of a flave,
fibie for any the atonement for fuch offence does not fall upon tht Akilas % for as
thiog incur- faccoj-dmo- to our doftors) the members o f a flave areafpecies of prored
by an of- \ o ' , ^ ,
fence upon perty, it is therefore due from Jthe property of the offender, without
Ofa z : t ! affeding any others, agreeably to the arguments already fet forth upon
that head. According to an opinion of Shafei, on the contrary, it is
due from the Akilas, in the fame manner as where a fimilar offence is.
committed upon a freeman. T h e former opinion is approved.
If there be O ur doctors teach that, in a cafe where the flayer is deftitute of
fineh'pafd16 Akilas, the fine is due from the public treafury, the tvhole Muffulman
oat of the community being held to be the aiders of a perfon fo fituated. As,
treafury. moreover,
B o o k L I . o f F I N E S . 465
moreover, if this perfon were to die, his property would go, as an
inheritance, to the public treafury, it follows that any thing incurred
by him muft be paid therefrom.
T h e child of a woman divorced by Loan [afleveration] has, for Cafe of fine
his Akilas, his maternal kindred, his defeent being eftabliftied from a born
his mother, not from his father * . If, however, his maternal Akilas
having paid the fine, his father fhould afterwards claim or acknow- ed byffc-
ledge him, his maternal Akilas are entitled to take, from his paternal
Akilas, in three years from the time of the Kdzee parting a decree of
reimburfement in their favour, whatever they may have fo paid ; becaufe
it then appears that the fine was due from the paternal Akilas,
not from the maternal; for the father, by claiming him, falfifies himfelf,
(in other words, acknowledges that he had afleverated falfely;)
whence it is evident that the child’s defeent flood eftabliftied in the father
from the beginning, his afleveration being rendered null by his
fubfequent falfification ;— and upon its thus, appearing that the maternal
Akilas have paid what was in fa£1 due from the paternal, the former
are confequently entitled to reimburfe themfelves from the latter,
as they dilburfed the fine,— not in a gratuitous manner, but per force,
in purfuance o f the Kdzee's decree.— In the fame manner alfo, i f a Mo-
katib die, leaving property fufficient to difeharge his ranfom, and a
fon, a freeman, (by being bom of his wife who was free,) and the
fon negledt difeharging the ranfom until at length he happens to kill a
perfon by mifadventure, and his maternal kindred pay the fine, and
he then difeharge the ranfom, they [the maternal kindred] are in
that cafe entitled to recover from the father’ s tribe whatever they may
have fo paid f— becaufe, upon the fon difeharging the ranfom, he becomes
connefted with his father’s family from the laft inftant of his
[the father’s] life, wherefore it appears that the maternal kindred have
paid what was in fait due from the paternal,— not in a gratuitous
* See Vol. I. p. 349.
manner,