A partition
o f advantage
from two quadrupeds.
A partition o f
ufufruft cannot
be made
with regard
to produilt've
articles.
confider matters ftridtly ;— whereas, in the cafe of hire (which is a
money tranfadfion) matters mud be confidered ftridtly. Hence there
is no analogy between the cafes.
A p a r t i t i o n of ufufruct concerning the hire of two quadrupeds
is invalid, according to Haneefd, in oppofition to the two difciples.
T h e arguments ufed on both fides are the fame as thofe which have
.been fet forth in the cafe of a partition of ufufrudt concerning the ufe
or fervice of a quadruped.
I f two partners make a partition of ufufrudt regarding an orchard of
dates, or a garden containing trees, in this manner, that each fhall
take a part and cultivate it, and enjoy the fruits produced from it,—
or, if they make a partition of ufufrud regarding a herd of goats, in
this manner, that each (hall take a certain number, and feed them,
and enjoy the milk produced by them, neither of thefe partitions of
ufufrudt is valid; becaufe partition of ufufrudt regarding ufe, as well
as partition of ufufrudt regarding fervice, is admitted only from
-necejjity, as being unfubftantial and therefore incapable of divifion;
but, in the prefent inftances, the fruit and the milk, when once produced,
are capable of divifion, being things which fubftantially exift,
and therefore there is in thefe inftances no neceffity. T h e device
here is for one of the partners to fell his fhare to the other, who may
firft enjoy the fruit and milk, and afterwards, when the other s turn
is expired, his partner may again purchafe the whole, and enjoy the
fruit and milk in his turn. Or, one may enjoy the produce of the
other’s fhare in the manner of a loan, and afcertain the quantity
thereof, for the loan of indefinite things is lawful.
H E D A T A .
H E D A T A.
B O O K XL.
O f M O Z A R K A , o r C o m p a c t s o f C u l t i v a t i o n .
M\ / O Z A R E A , in the language o f the l a w , fignifies a compadf
betwixt two perfons, one being a proprietor of land, and. the
other the cultivator, by Which it is agreed that whatever is produced
from the land fhall belong to both in fuch proportions as may be
therein determined.
A c o m p a c t o f cultivation is not valid according to Haneefa.
T h e two difciples maintain it to be valid; becaufe it is related of the
prophet that he entered into fuch a compadt with the people of Khee-
iir , by which it was agreed that they fhould manage the- gardens
6 and
Definition o f
the term.
Difference o f
opinions concerning
com-
pafts o f cultivation.