The Hedàya, Or Guide; a Commentary on the Mussulman Laws:: Translated by Order of the Governor-General and Council of Bengal,


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第 468 頁 - ... illness, his objects (namely, compensation for his deficiencies and merit in a future state) may be obtained, — or on the other hand if he should recover that he may apply the said property to his wants — and as these objects are attainable by giving a legal validity to wills, they are therefore ordained to be lawful. Secondly, wills are declared to be lawful in the Koran and the traditions, and all our doctors, moreover, have concurred in this opinion.
第 124 頁 - ... marriage, or selling or buying goods for him, a power which belongs solely to the walee, or natural guardian, whom the law has constituted the infant's substitute in those points; (2) acts arising from the wants of an infant, such as buying or selling for him on occasions of need, or hiring a nurse for him, or the like, which power belongs to the maintainer of the infant, whether he be the brother, uncle, or (in the case of a foundling) the...
第 190 頁 - until the seizin actually take place, the pawner is at full liberty either to adhere to, or recede from, the agreement, as the validity of it rests entirely upon the seizin, without which the end and intention of a pledge cannot be answered.
第 521 頁 - ... goes to the paternal uncle, and the other half to the two maternal uncles, out of attention to the plural number, which, in bequests, comprehends two (as before observed) ; for as. if there were two paternal uncles, the whole legacy would go to them, it follows that where there is one only, he gets no more than an half, and the other half goes to the two maternal uncles. It would be otherwise if the person had expressed his bequest for "his kinsman...
第 468 頁 - ... and as an endowment with reference to a future period (as if a person were to say to another, I constitute you proprietor of this article on the morrow) is unlawful, supposing even that the donor's property in the article still continues to exist at that time, it follows that the suspension of the deed to a period when the property is null and void, (as at the decease of the party,) is a fortiori unlawful.
第 293 頁 - ... consequently incurred by killing him. " If a person come in the night to a stranger, and carry off his goods by theft, and the owner of the goods follow and slay him, nothing whatever is incurred, the Prophet having said, ' Ye may kill in preservation of your property.
第 527 頁 - ... as bequests of actual property. " So likewise, if a person bequeath the wages of his slave, or " the rent of his house, for a definite or indefinite term, it is " valid, for the same reason. In both cases, moreover, " it is necessary to consign over the house or the slave to the " legatee, provided they do not exceed the third of the property, " in order that he may enjoy the wages or service of the slave, " or the rent or use of the house during the term prescribed, " and afterwards restore...
第 493 頁 - The column is seven diameters high ; the base and capital are each half a diameter ; the base is divided into two equal parts, one of which is given to...
第 124 頁 - ... to the infant, such as accepting presents or gifts, and keeping them for him, a power which may be exercised either by a mooltakit, a brother, or an uncle, and also by the infant himself, provided he be possessed of discretion, the intention being only to open a door to the infant's receiving benefactions of an advantageous nature" (vol. 4, bk. 44, p. 124). The examples given under the second head indicate the class of cases in which the acts of an unauthorized person who happens to have charge...