S 5 8 W I L L S . B o o k L U .
provided the eftate Suffice for the difcharge of the debts of both,) it
follows that the evidence of each, refpedively, m behalf of the other,
tends to eftablifh a right of participation in whatever payment that
other may obtain in confequence; and accordingly, the teftimony is
here liable to fufpicion. It is otherwife where the debtor is living-,
for in that cafe the teftimony of each party [of creditors] on behalf of
the other is admitted ; fince as the debt, at that time, refts upon his
perfon, not upon his property, (the former ftill continuing exiftent,)
a participation, therefore, is not eftablifhed in this inftance.
If two perfons give evidence that a particular perfon had bequeathed
his female {lave in a legacy to two others, and the two
others give evidence that the fame perfon had bequeathed a male (lave
to thefe two, both evidences are valid ; for as their teftimony does not
in any refpe£t tend to eftablifh a participation, it is therefore liable to
no iuipicion, and mult be admitted accordingly.
A mutual If two perfons give evidence that a particular perfon had bethisdn”
m« is queathed the third of his property to Zeyd and Amroo,— and Zeyd and
void where it Amroo, on the other hand, give evidence that the fame perfon had
right of* par- bequeathed a third of his property to thefe two, the evidence df both
fhtwftnêfo. parties is void and of no effeft ; (and fo like wife if the t,Wo were to
give evidence that the perfon had bequeathed his male {lave to Zeyd
and Amroo,— and Zeyd and Amroo, on the other hand, give evidence
that the faid perfon had bequeathed his female Have to thofe two ;)—
becaufe as the evidence on each part tends, in thofe inftances, to
eftablifti a right of participation, it is therefore not altogether free from
fufpicion.
unlefs each
legacy, re-
fpe&ively,
confift of a
Have.
H E D A TA .
( 559 )
H E D H M B
B O O K LIIL
Of H E R M A P H R O D I T E S .
S E C T . I.
O f who are H e r m a p h r o d i t e s .
A KHOONSA, or hermaphrodite, is a perfon poflèflèd of the
parts of generation of both a man and a woman. If, therefore,
fuch perfon difcharge urine from the male member he * is ac-
* T h e ^ m fo - o f an aifoluu hermaphrodite is dubious. T h e tranflator follows the
S b l e teXt m eXpreffinê U thrauShout I the S H | that being the molt generally ap-
Hermaphrodites
are either
male, f e male,
counted