R u l e f o r a f -
c e r t a i n i n g a
deathbed i ll•
nefs.
an immediate transfer and inveftiture; and as the fon is at that period
a (lave, the gift is in effe£t in favour o f his mafter : but if he be involved
in debt the gift is invalid, as in that cafe he is mafter of his own
acquifitions, and a gift is confidered as fuch. According to the more
commonly received authorities, however, the gift is void on either
fuppofition ; for as a gift during a mortal illnefs is equivalent to a be-
queft, it is therefore invalid, in the fame manner as a bequeft would
be which was made in favour of the fame perfon.
P a r a l y t i c , gouty, or confumptive perfons, where their diforder
has continued for a length of time, and they are in no immediate danger
of death, do not fall under the defcription of fick [Marees,]
whence deeds of gift, executed by fuch, take effedt to the extent of
their whole property; becaufe, when a long time has elapfed, the patient
has become familiarized to his difeafe, which is not then accounted
as ficknefs. (T h e length of time requifite, by its lapfe, to do
away the idea officknefs in thofe cafes is determined at one year; and
i f after that time the invalid (hould become bedridden, he is then accounted
as one recently fick.) If, therefore, any of the lick perfons
thus defcribed make a gift in the beginning of their illnefs, or after
they are bedridden, fuch gift takes effect from the third o f their property,
becaufe at fuch a time there is apprehenfion of death, (whence
medicine is then adminiftered to them,) and therefore the diforder is
then cpnfidered as a deathbed illnefs.
C H A P .
C H A P . III.
Of Emancipation upon a Deathbed; and of Wills relative
to Emancipation.
I f a perfon, on his deathbed, emancipate a (lave, or give a portion
of his property to another, or make a Mohabat* , in purchafe or fale,
by buying an article at an over-value, or felling it at an under-value,
— or concerning the dower, hire, or fo forth,— or become fecurity
for another, all thefe deeds are confidered in the light of a bequeft,
and take effedt to the extent of a third of his eftate.
I f a fick [dying] perfon make a Mohabat [of any kind f ,] and
then emancipate his Have, and [after his death] the third of his property
fuffice not for both, in that cafe Haneefa is of opinion that the
Mohabat has the preference ;— in other words, if, after executing the
Mohabat, any part of the third remain, the flave is, without recom-
perice, free in that proportion, and muft perform emancipatory labour
for the remainder of his value,— or for his f u ll value, i f tiothwg re-
* M o ha b a t l i t e r a l l y f i g n i f i e s con n iv a n ce.— T h u s , a p u r c h a f e r o r f e l l e r w h o g i v e s m o r e j
o r t a k e s l e f s , f o r a n a r t i c l e t h a n i t s r e a l v a l u e , con n iv es a t t h e l o f s .— T h i s t e r m , t h e r e f o r e ,
i s n o t c o n f i n e d t o f a l e , b u t e x t e n d s t o e v e r y a 6 t i n w h i c h t h e p e r f o n c o n n i v e s a t h i s o w n
l o f s , f u c h a s ( i n t h e c a f e o f d o w e r ) p a y i n g t h e w i f e m o r e t h a n l h e i s e n t i t l e d t o , o r ( i n a
c a f e o f h i r e ) p a y i n g t h e h i r e l i n g m o r e t h a n h e h a d a g r e e d f o r .— T h e t r a n f l a t o r p r e f e r v e s
t h e o r i g i n a l t e r m , a s i t i s p u r e l y tech n ica l. — T h e A r a b ic ttxX e x p r e f i e S ' t h i s p a f i a g e w i t h
g r e a t b r e v i t y : u W h o f o f r e e s h i s f l a v e i n f i c k n e f s , o r f e l l s , o r c o n n i v e s , o r g i v e s , i t i s l a w f
u l , a n d r e c o g n i z e d t o t h e e x t e n t o f a t h i r d o f h i s p r o p e r t y / ’
T h a t i s , <c execute any contrary or p erform any a£ly by w h ich h e fu fa in s a w ilfu l lofs
T 1 1 2 main.
E m a n c i p a t
i o n , g i f t , a n d
a & s o f Moha~
hat, o n a
d e a t h b e d ,
t a k e e f f e f t t o
t h e e x t e n t o f
a t h i r d o f t h e
p r o p e r t y .
C a f e o f a
Mohabat, a n d
a n é m a n c ip a *
t i o n b y t h e
f a m e p e r i b n .