Studies in Moro History, Law, and Religion Part 14

Sec. 2. If in the preceding case the seller divides the proceeds and gives his partner a part thereof and holds the remainder for himself, claiming that the amount of the proceeds has been divided, but the other partner refuses to accept the division on the ground that it has not occurred, the claim against the division by the complaining partner shall be sustained if confirmed by oath; otherwise it shall not be sustained.

Sec. 3. If one of the two partners in the preceding case buys and takes possession of the property of the partners.h.i.+p and then denies that it is the former property, claiming that it has been bought by some one else, to which the other partner objects as a false claim, the statement of the latter shall be sustained if confirmed by oath; otherwise the buyer's statement shall be sustained.

Article LVII

Section 1. If a free man kills another free man, or a free woman kills another free woman, or a slave kills another slave, the slayer shall be punished.

Sec. 2. If a free man kills a slave, the free man shall not be put to death.

Sec. 3. If a slave or other servant kills a free person, he shall be put to death.

Article LVIII

The blood money for the life of a woman or of a hermaphrodite shall be half that of a man; so also shall the fines for wounding a woman be rated as half those for wounding a man.

Article LIX

If a free man divorces his wife three times, or a slave divorces his wife twice, it shall not be lawful for him, the man, to marry again before the divorced woman is married to another person.

Article LX

Section 1. If the husband of a pregnant free woman dies, or a free woman is divorced, she shall mourn four months and ten days.

Sec. 2. If a slave woman is divorced, she shall mourn two months and five days.

Sec. 3. If a pregnant free woman is divorced, she shall mourn until childbirth.

Article LXI

If a person throws the sweepings of a house or the parings of fruits on the road, and a person carrying certain articles and pa.s.sing on the road steps on them and thereby slips and falls and loses his property, the person who threw the sweepings or the fruit parings on the road shall pay for the lost property. He shall also be responsible for any injury resulting from the fall.

Article LXII

If a person gives an imbecile or an insane person or a child poison to eat, and said child, insane person, or imbecile dies as a result thereof, he shall be punished.

Article LXIII

If a man gets drunk and fights or kills another, he shall be liable to punishment.

Article LXIV

If a child or an imbecile or an insane person kills another person, he shall not be liable to punishment, but shall pay blood money.

Article LXV

If a child under age is in a high place and is frightened by some person and as a result thereof falls and dies, the person who frightened him shall pay his blood money.

Article LXVI

If a person who is shooting or hunting startles a child who happens to be in some high place, and the child falls and dies as a result thereof, he shall pay a small fine as blood money.

Article LXVII

If a slave is wounded, the fine in compensation for his injury shall be the price of the slave in case of death, or an amount equal to the decrease in the value of the slave in case he does not die.

Article LXVIII

Section 1. If a slave is guilty of cutting another, he shall be liable for the fine thereby incurred; if his master does not pay the fine, he may sell the guilty slave and pay the fine from the amount received therefor.

Sec. 2. If the master of the guilty slave refuses to sell him, he shall compensate for the decreased value of the slave who has been cut.

Article LXIX

Section 1. If a plaintiff produces a witness, his statement shall be sustained.

Sec. 2. If a plaintiff has not a witness, the defendant shall take an oath; but if the defendant refuses to take an oath, the plaintiff shall swear and his statement shall be sustained.

Article LXX

If the owner of a slave dies and his heirs claim the slave, and the slave objects on the ground that he had been liberated by his deceased master, the slave shall take an oath to that effect, which oath shall confirm his statement; but if an oath is not taken by the slave, the claim of the heirs shall be sustained.

Article LXXI

All property loaned shall be paid back in kind, but if that be impracticable, the value thereof shall be accepted.

Article LXXII

The will of a free person shall be legitimate whether he be a non-Mohammedan or a person of bad character; but the will of an insane person or an imbecile or a child or a slave shall not be legitimate.

Article LXXIII

If the legatee dies before the testator, the will shall be held invalid; but if the legatee dies after the death of the testator, the heirs of the legatee shall be ent.i.tled to his share under the will.