General rules
with refpeft
to infant
orphans or
foundlings.
If a perfon beftovv any thing in gift or alms upon an orphan *
under the protection of a particular perfon, it is lawful for that perfon
to take poffeflion of fuch gift or alms on his behalf.— It is here proper
to remark, that aCts in regard to infant orphans are of three defcrip-
tions.— I. ACts of guardianjhip, fuch as contracting an infant in marriage,
or felling or buying goods for h im ; a power which belongs
folely to the JValee, or natural guardian, whom the l aw has confti-
tuted the infant’s fubflit-ute in thofe points.— II. Acts ariiing from' the
wants of an infant; fuch as buying or felling for him on occafions of
need; or hiring a nurfe for him, or the like; which power belongs to
the maintairier of the infant, whether he be the brother, uncle, or
(in the cafe of a foundling,) the Mooltakit, or taker-up, or the mother,
provided fhe be maintainerof the infant; and as thefe are empowered
with.refpeCLto fuch aCts, the Walee, or natural guardian, is alfo empowered
with refpeCt to them in a ftill fuperior degree;—nor is it re-
quifite, with refpeCt to the guardian, that the infant be in his immediate
protection.— III. ACts which are purely advantageous to the infant,
fuch as accepting prefents or gifts, and keeping them for him;
a power which may be exercifed either by a Mooltakit, a brother, or
an uncle, and alfb by the infant himfelf, provided he be poflefled o f
difcretion, the intention being only to open a door to the infant’ s receiving
benefactions of an advantageous nature.— T h e infant, therefore,
is empowered in regard to thofe aCts, (provided he be difcreet,)
or any perfon under whofe protection he may happen to be.
I t is not lawful for the Mooltakit [taker-up] o f a foundling to
hire him out in fervice; nor is it lawful for an uncle to do fo by his
infant nephew, although he be under his immediate care.. It is other-
wife with a mother; for fhe may lawfully let her infant child to hire,,
provided fhe have immediate charge of h im; becaufe a mother is em-
* Arab. Laiett. Properly,, a foundling, (See Vol.II. p. 257.)
powered!
powered to ufe the fervices of her infant child by employing him,
without tendering him any return,— whereas a Mooltakit or an uncle
have not this power.— I f the child fhould o f himfelf enter into an engagement
of fervice, it is not valid, as there is a poffibility o f its tending
to his prejudice.— Still, however, i f after having hired: himfelf
out he fhould fulfil his engagement, it is then valid; becaufe in thus
confirming it his advantage only is confulted; and he is, confequently
entitled to the hire agreed for.
I t is abominable for a perfon to-fix an iron collar on the neck of Amadermuft
1 • n • r 1 ^ 1 * 1 * r i r • not fix an iron his Have in iuch a manner as to deprive mm or the power or moving collar on the
his head, according to the cuftom of tyrants; becaufe a punifhment °flus
of this nature is like the torments of the damned, and is confeqpently
unlawful, in the fame manner as fcorching with fire.,
A M u s s u l m a n may imprifon his flave 7. for as a cufiom- prevails but he may.
amongflthe Mujfuhnans. of confining people who are mad or feditious, lmPclfon “ m-
fo in a fimilar manner it is lawful for a perfon to confine a
flave, that he may prevent his abfconding, and thus fecure his,
property.
I t is not abominable to apply a glyfter in a cafe o f need ; becaufe cotters are
medical practices are approved, in the united opinion o f all our doCtors, ^ eodf " ,
as well as by the traditions of the prophet. An application o f this ceffity..
kind is, moreover, equally proper, whether it be adminiflered to a
man or woman.. It is not allowable, however, to have recpurfe to.
any forbidden thing, fuch as wine, or the like; for it is,unlawful to,
feek health by unlawful means.
■ 1
I t is not improper to defray the allowances o f a Kdzee from. The- allow-
the public treafury, becaufe the prophet nominated Atak. Bin. O f aid Steafe*«*
& Kdzee.