Further ex- 17. The general rule, that those related by the same

ception rela

clusion of the

tive to the ex- father and mother, exclude those who are related by the same mother only does not operate in the case of individuals to whom a legal share has been assigned.

half blood.

Of uterine and half sisters.

Rule in case of a double relation.

Of claimants by marriage.

Of the succes-
sion of hus-
band and
wife.

18. If a man leave a whole sister, and a sister by the same mother only, the former will take half the estate and the latter one sixth, the remainder reverting to the whole sister; and if there be more than one sister by the same mother only, they will take one-third, and the remaining two-thirds will go to the whole sister.

19. Where there are two heirs, one of whom stands in a double relation: for instance, if a man die leaving a maternal uncle, and a paternal uncle who is also his maternal uncle* the former will take one-third, and the latter two-thirds, and he will be further entitled to takę one half of the third which devolved on the maternal uncle; and thus he will succeed altogether to five-sixths, leaving the other but one-sixth.

20. Secondly, those who succeed in virtue of marriage are the husband and wife, who can never be excluded in any possible case; and their shares are half for the husband, and a fourth for the wife, where there are no children, and a fourth for the husband, and an eighth for the wife, where there are children.

21. Where a wife dies, leaving no other heir, her whole property devolves on her husband; and where a husband

* The relation of paternal and maternal uncle may exist in the same person in the following manner: A having a son C by another wife, marries B having a son D by another husband. Then C and D intermarry and have issue, a son E, and A and B have a son F. Thus F is both the paternal and maternal uncle of E. So likewise if a person have a half brother by the same father, and a half sister by the same mother, who intermarry, he will necessarily be the paternal and maternal uncle of their issue.

dies, leaving no other heir but his wife, she is only entitled to one-fourth of his property, and the remaining three-fourths will escheat to the public treasury.

of marriage not consum

22. If a sick man marry and die of that sickness, Rule in case without having consummated the marriage, his wife shall not inherit his estate; nor shall he inherit if his wife mated. die before him, under such circumstances. But if a sick woman marry, and her husband die before her, she shall inherit of him, though the marriage was never consummated, and though she never recovered from that sick

ness.

23. If a man on his deathbed divorce his wife, she Rule in case shall inherit, provided he died of that sickness within of divorce on one year from the period of divorce; but not if he lived

for upwards of a year.

deathbed.

24. In case of a reversible divorce, if the husband And of reverdie within the period of the wife's probation, or if she sible divorce. die within that period, they have a mutual right to inherit each other's property.

25. The wife by an usufructuary, or temporary mar- And of irre. riage, has no title to inherit.*

gular marriage.

by willa.

26. Thirdly, those who succeed in virtue of Willa; of claimants but they never can inherit so long as there is mant by consanguinity or marriage.

claiany

27. Willa is of two descriptions; that which is de- Two descrip rived from manumission, where the emancipator by such tions of act derives a right of inheritance; and that which de

This species of contracts is reprobated by the orthodox sect, and they are both considered wholly illegal, See Hamilton's Hedaya, vol. 1, pages 71 and 72,

The first preferred.

General rules

of exclusion.

Difference of allegiance

does not ex

pends on mutual compact, where two persons reciprocally engage, each to be heir of the other.

28. Claimants under the latter title are excluded by claimants under the former.

29. The general rules of exclusion, according to this sect, are similar to those contained in the orthodox doctrine; except that they make no distinction between male and female relations. Thus a daughter excludes a son's son, and a maternal uncle excludes a paternal granduncle; whereas according to the orthodox doctrine in such cases, the daughter would only get half, and the maternal uncle would be wholly excluded by the paternal uncle of the father.

30. Difference of allegiance is no bar to inheritance, and homicide, whether justifiable or accidental, does clude, nor ho- not operate to exclude from the inheritance. The homimicide, unless wilful. cide, to disqualify, must have been of malice prepense.

The doctrine

of the in

mitted.

Example.

31. The legal number of shares into which it is necrease not ad. Cessary to make the property, cannot be increased if found insufficient to satisfy all the heirs without a fraction. In such case, a proportionate deduction will be made from the portion of such heir as may, under certain circumstances, be deprived of a legal share, or from any heir whose share admits of diminution. For instance, in the case of a husband, a daughter and parents. Here the property must be divided into twelve, of which the husband is entitled to three or a fourth; the parents to two-sixths or four, and the daughter to half; but there only remain five shares for her instead of six, or the moiety to which she is entitled. In this case, according to the orthodox doctrine, the property. would have been made into thirteen parts to give the

daughter her six shares; but according to the Imameeya tenets, the daughter must be content with the five shares that remain, because in certain cases her right as a legal sharer, is liable to extinction; for instance, had there been a son, the daughter would not have been entitled to any specific share, and she would become a residuary; whereas the husband or parents can never be deprived of a legal share, under any circumstances.

82. Where the assets exceed the number of heirs the Of the retum, surplus reverts to the heirs. The husband is entitled to share in the return; but not the wife. The mother also is not entitled to share in the return, if there are brethren; and where there is any individual possessing a double relation, the surplus reverts exclusively to such individual.

33. On a distribution of the estate, the elder son if he Privilege of primogeni be worthy, is entitled to his father's sword, his Koran, ture. his wearing apparel and his ring.*

In the foregoing summary I am not aware that I have omitted any point of material importance. The legal shares allotted to the several heirs are of course the same as those prescribed in the Soonee Code, both having the precepts of the Koran as their guide. The rules of distribution and of ascertaining the relative shares of the different claimants are also (mutatis mutandis) the same. It is not worth while to notice in this compilation the doctrines of the Imameeya sect on the law of contracts or their tenets in miscellaneous matters. A Digest of their laws, relative to those subjects, was some time ago prepared and a considerable part of it translated by an eminent Orientalist (Colonel John Baillie) by whom however it was left unfinished; probably from an opinion that the utility of the undertaking might not be commensurate to the time and labour employed upon it.

G

Definition of sale.

How effected.

་་

CHAPTER III.

OF SALE.

1. Sale is defined to be a mutual and voluntary exchange of property for property.

2. A contract of sale may be effected by the express agreement of the parties, or by reciprocal delivery.

Four kinds of. 3. Sale is of four kinds; consisting of commutation of goods for goods: of money for money: of money for goods: and of goods for money; which last is the most ordinary species of this kind of contract.

Four denominations of.

Of an absolute sale.

Of a conditional sale.

Of an imperfect sale.

Of a void sale.

Of the consideration.

4. Sales are either absolute, or conditional, or imperfect, or void.

5. An absolute sale is that which takes effect immediately; there being no legal impediment.

6. A conditional sale is that which is suspended on the consent of the proprietor, or (where he is a minor) on the consent of his guardian, in which there is no legal impediment, and no condition requisite to its completion but such consent.

7. An imperfect sale is that which takes effect on seizin; the legal defect being cured by such seizin.

8. A void sale is that which can never take effect; in which the articles opposed to each other, or one of them, not bearing any legal value the contract is nude.

9. The consideration may consist of whatever articles, bearing a legal value, the seller and purchaser may agree upon; and property may be sold for prime cost, or for more, or for less than prime cost.