min is-in fecurity only in virtue o f the protection he receives from the
Bate, which prote&ion- he enjoys- in his own right, not in- right of
his- heirs.
bot if he be- It a Mooftamm bequeath a part'of his property, thebequeftis exe--
o“]yf‘th/re'. cuted accordingly, and the remainder- is tranfmitted to his heirs,
fidue istranf- norwithftanding they be refidents in an hoftile country ; fuch being
heirs. the law with refpett to Moejiarmns.
An emanet- I t a Mboftdmin, immediately Before his- death, emancipate his
°f flavfc,1 Or make him a Modabbir- in the Mujfulman territory, it is valid,,
granted by anc| flave is accordingly free, notwithftanding his value exceed a
d£thted!S third of his matter's eftate; for a bequeft beyond a third of the- protakes
effeft | deemed illegal only as it affects the right of the teftator’*
in totQ‘9 x J o y 1
heirs ; but a Moofiamins heirs poffefs no cognizable right, as was already
mentioned.
Any bequeft If a Mujfulman or Zimmee make a will in fi^oirr of a Mbbjlamin, i t
io fo Z lfis is valid; for a Mooftamm, fo long as he refides in a Mujfulmancoun-
vaiid. try,-' is confidered in the light of a Znmuce and as the exercile of generality
and benevolence in favour of fuch is therefore allowed to-
Muffulmam during life, it is alfo- permitted'them to extend fuch atts
to a period after their death.— (It is related o f Hcmeefa and Aboa
Toofaf, that they held wills in favour of Mooflaminsto be illegal, be-
caufe of their intention to return- to their own country; and alfo,
becaufe the Muffulmans not only allow this, bu,t even do not fuffer
them to relide in their dominions more than a year, unlefs they fub-
mit to the payment o f the capitation-tax.-—T h e former is*: however,
the better opinion.)
The bequeft« I f a Zimmee bequeath more than a third of his effiate to a ftranger,
ofa Zb»«« or to an heir, it is not valid, as being contrary to the. laws of the
arefBbjeato Muffulmans,
all temporal concerns.
If a Zimmee make a will in favour of an infidel of a different per-
fuafion, it is valid, becaufe of the analogy of legacies to fucceffion by
inheritance, all the different deferiptions of thofe perfons who dilbe-
lieve the true faith being confidered as of one clafs.
favour of a hoftile infidel, it is not valid ; for as inheritance does not
obtain between thofe, becaufe o f the difference of country, it follows
that a bequeft from the one to the other is o f no effedt, bequeft being
fimilar to inheritance.
C H A P . VII.
Of Executors and their Powers.
teftator; becaufe no one has the power of compelling another to interfere
in his concerns. But if the executor accept his appointment in
teftator had placed a reliance on his confent; and therefore, if the
Z z z 2 rejection
S I h B i® « ! P S
•'iRJlifJki
M i l f | '
H i l l <"
5 3 9 ■ I ] Il
the Tame re- III
ftridtions with
thofe o f a f l l l l f f m
Mujfulman. prf { pW J
Splifpt •"•'f jm I
\
p ü ä He may make Ttf|]
a bequeft in
favour o f an
■ unbeliever
o f a different
fe&,
*
not being a
hojiils infidel.
I i t f f t U m
Hilf |0E
HI'WBIlrH'lI I Will p ö s
mf c lmi p , t J 3 9 \ m
1
| | § | | | | ' ’ 1
r
An executor,
having accepted
his
appointment
in prefence o f
the teftator,
is not afterwards
at l i berty
to re1
!
: .MSi 5
| M 1
1 )
g |
K
ject it.