Why didn't Malfoy forbid Dobby to pursuit his freedom?

[Steve]

No: HPFGUIDX 115718


--- In HPforGrownups at yahoogroups.com, "Susana da Cunha"
<susanadacunha at g...> wrote:

> ...edited..
> 
> So what about disobeying a 'don't ask for freedom' order? Well, I
was always curious about something Dobby said: the Malfoys were very
careful not to give Dobby even a sock (CoS). Since a sock or hat
fallen on the ground counts, I suppose they didn't let Dobby near a
wardrobe. If they let him clean the rooms, the wardrobes had to be
locked with keys and not even a sock lying around. Can you imagine
what would be like to be *that careful* in your daily routine? 
> 
> But what was Dobby doing with an iron if he's not aloud to attend to
the clothes? I suppose your own clothes don't count. To *give* clothes
to an elf you have to *dispose* of them. So the Malfoys just had to be
careful disposing of old clothes. But instead of being careful,
wouldn't it be a lot simpler just to say: "I forbid you to pursuit
freedom"? Yet, Dobby picked up the sock that freed him from the ground...

> ...edited..
> 
> Any thoughts?
> 
> Susana

bboyminn:

Excellent thoughts, I love Elf discussions, BUT you are opperating
under a couple of misconceptions.

First, you have fallen into the same trap that Hermione has, in
believing that if an elf touches clothes it is instantly free; not so.
An Elf is freed when it's Master or someone WITH THE AUTHORITY to free
the elf presents it with clothes. That mean the clothes are
transferred directly to the possession of the elf by someone of authority.

Illustrations-

1.)
"Take this sock and clean it." Draco throws a sock, and the elf
catches it.

Conclusion: If the elf has a desire to be freed, it can take this as a
 Direct Transfer of Possession of an article of clothing, and
therefore be freed. He is ordered to 'take' and the sock transfer
directly from Master to servant.

2.) "Clean this sock." Draco throws the sock on the floor, and the elf
picks it up. 

Conclusion: The elf is not freed. There is no clear or ambiguous
intent to transfer possession. The sock does not pass from Master to
servant; it passes from master to /Floor/ to servant. Therefore, it
would be an extreme and unlikely circumstance in which the elf might
consider itself freed. 

3.) An old Friend, who has no blood or marriage relationship to the
Master, visits the Master's house. The visitor hands his cloak to the
elf as he passes by.

Conclusion: The elf is not freed. The visitor, regardless of direct or
indirect transfer of clothing, has no authority over the elf. To say
this freed the elf is the same as saying I can walk into a random
business locations and start firing people. Well, I can't, because I
have no authority to do so.

Second, all indications are the Dobby caught the Sock while it was in
the air. Therefore, we have direct transfer of possession from master
to servant. That doesn't fit the requirement to prefection, but it was
enough for Dobby.

This fits my long held and often stated belief that no magical or
judicial law or contract binds Master and Elf. What holds the elf to
his commitment is many many centuries of Elfin pride, honor, history,
and commitment. When an elf binds himself to a house, he is bound by
elfin honor. To betray that honor is an unfathomable disgrace to an elf. 

Sadly, wizards do not enter the agreement with the same sense of honor.

For more information, see my published works.

In the same vein as the current post-
http://groups.yahoo.com/group/HPforGrownups/message/106280

additional Elfin thoughts-
http://groups.yahoo.com/group/HPforGrownups/message/71752
http://groups.yahoo.com/group/HPforGrownups/message/74080
http://groups.yahoo.com/group/HPforGrownups/message/82881
http://groups.yahoo.com/group/HPforGrownups/message/88208

As to why Malfoy didn't specifically forbide his elf to pursue
freedom, I don't think it would matter. In Winky's case, she
consciously and directly resisted freedom, but her master freed her
and there is nothing she can do about it. Also, Dobby did not persue
freedom, he desired it, and seized the slightest opportunity when it
came, but he did not persue it.

Just a thought.

Steve/bboyminn (was bboy_mn)