Arabian Society in the Middle Ages: Studies From The Thousand and One NightsLane, Edward William
Islamic
Arabian Society in the Middle Ages: Studies From The Thousand and One Nights
Lane, Edward William
Arabian nights; Egypt -- Social life and customs; Islamic Empire -- Social life and customs; Social history -- Medieval, 500-1500
Unemancipated slaves, at the death of their master, become the property
of his heirs; and when an emancipated slave dies, leaving no male
descendants or collateral relations, the master is the heir; or, if the
master be dead, his heirs inherit the slave's property. As a slave
enjoys less advantages than a free person, the law in some cases ordains
that his punishment for an offence shall be half of that to which the
free is liable for the same offence, or even less than half: if it be a
fine or pecuniary compensation, it must be paid by the owner to the
amount, if necessary, of the value of the slave, or the slave must be
given in compensation.
When a man, from being the husband, becomes the master, of a slave, the
marriage is dissolved, and he cannot continue to live with her but as
her master, enjoying, however, all a master's privileges, unless he
emancipates her, in which case he may again take her as his wife with
her consent. In like manner, when a woman, from being the wife, becomes
the possessor, of a slave, the marriage is dissolved, and cannot be
renewed unless she emancipates him, and he consents to the re-union.
Complete and immediate emancipation is sometimes granted to a slave
gratuitously, or for a future pecuniary compensation. It is conferred by
means of a written document, or by a verbal declaration (expressed in
the words, "Thou art free," or some similar phrase) in the presence of
two witnesses, or by returning the certificate of sale obtained from the
former owner. Future emancipation is sometimes covenanted to be granted
on the fulfilment of certain conditions, and more frequently to be
conferred on the occasion of the owner's death. In the latter case the
owner cannot sell the slave to whom he has made this promise: and, as he
cannot alienate by will more than one-third of the whole property that
he leaves, the law ordains that if the value of the said slave exceeds
that portion, the slave must obtain and pay the additional sum. When a
female slave has borne a child to her master, and he acknowledges the
child to be his own, he cannot sell this slave, and she becomes free on
his death.
Public-domain text, read in full here on John Shaqi.
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