Cafes of admixture
of the
milk with any
foreign fub-
ftance;
.woman who has fuckled him,, as fhe is his paternal aunt by fof..
terage.
I f the milk be drawn from the nurfe’ s breafl, and mixed with
water, prohibition is Hill attached to it, provided the former exceed?
the latter in q u a n t ity b u t if the water exceed, prohibition is not attached.—
Shafe'i maintains that prohibition is-attached, in the latter cafe,
alio, becaufe there is actually fome. of the milk, in that water, and
therefore it is indifpenfably to be regarded, especially’in a point of
prohibition, that being a matter of caution__T o this our dodtors reply
that any thing lefs in quantity than that with which it is mixed is regarded
as virtually non-exiftent, as in the cafe of a ‘vow, for inftance,
where, if a man fwear that “ he will not drink milk,” and he afterwards
drink it mixed with a greater proportion of watery he is not
forfworn.
If the milk be mixed with other food, prohibition is not attached'
to it, although the former exceed the latter in quantity. This is according
to Haneefa. The two difciples fay that if the milk exceed,
prohibition is attached,— The compiler of the Hedaya remarks that'
this opinion of the two difciples proceeds upon a fuppofition. that the
milk and victuals do not undergo any culinary preparation after admixture;
but that, i f they be boiled, or otherwife prepared by fire, all.the*
dodtors admit that prohibition is not then occafioned.— The two difciples
argue that regard is to be had to that which exceeds, (as in the
cafe of mixing milk with water,) provided it have not undergone
any change by boiling or other caufe.— The argument of Haneefa is
that the food is the fubjedl, and the milk only a dependant, with
refpect to the end it is intended for, to wit, fujlenance; .the cafe is
therefore the fame as i f the proportion of the food exceeded, that of
the milk.
If the milk be mixed with medicine in a proportion exceeding
5 ' the
-the latter in quantity, prohibition is attached to it, becaufe the
■ milk is defigned for fuftenance, which, is the end, and the purpofe
of the medicine is only to flrengthen the child’s flomach, or to forward
digeflion.
If the milk of the nurfe be mixed with that of an animal, in a
proportion exceeding the latter in quantity, prohibition is attached to
i t ; but not if the milk of the animal exceed the other; regard being
‘here had to that which exceeds; as in the admixture o f 1 milk with
■ water. !N f1
.-If the milk o f one woman‘be mixed with that o f another, in this
cafe Aboo Toofcf holds that regard fhould-be had to the cxcefs,— that
is to fay, that prohibition is attached to that woman’ s milk which exceeds
the milk'of the other in quantity,—-becaufe here the two milks,
when mixed together, become as one fubftance, and hence the fmaller
quantity is to be Confidered,-t(in the efîedt produced,) as a dependant on
the greater quantity.— Mohammed an àZijfcr contend that prohibition
is attached to both milks equally, as both are of the fame nature, and
a thing cannot fee faid to exceed a homogeneouHthing, becaufe the
admixture with any article of a homogeneous nature adds to the fum,
bat dobs not occafion any deftrudfion or-change in the matter; and
the end intended is the fame in both.-—There are two opinions recorded
ïrom'Haneefa upon this firbjedt, one coinciding with Aboo Toofaf,
■ and .the other with Mohammed.
with -her is prohibited., according to the word of G od in the Koran,
“ Youu MOTHERS WHO HAVE SUCKLED YOU ARE PROHIBITED
unto you,” which text being' generally exprefled, applies to
all women alike:— moreover, the milk of the virgin is a caufe of
C c 2 growth
or with the
milk of another
woman. j |j | |
■tm
jij
i i ' j illfH 1 l l ll lll 1 I | i » | | §
I • | , ; .1 ! tfi
fc 1! è|t|||
« 1
1
I i f. l l l l l
Prohibition is.
occafioned by
1 • i l the milk of a
virgin,
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Mn
l g
l l 61
È ll
u d m l
I