fecond, for fou r months, excepting, the day on which he remained
filent, whence the term of fou r months complete (being the fpace of
•time requifite to conftitute Aila) is not included in this vow. -
I f a man vow that “ he will not have carnal connexion with his
wife for a year excepting a day,” Aila is not eftabjilhed.— Thins,
contrary to the opinion of Zijfer, who places the excepted day at the
end o f the year, conceiving this to be analogous .'to a cafe o f hire;—
that is to fay, if a man agree' to let or hire an houfe to another fora
-year excepting a day, the day excepted is transferred to the end d ifliT
year, and fo in this cafe likewife; and the exception being transfSrfeK
to the end of the four months, the complete term of an A il'd is- invot’l
ved in the vow.— T h e argument of our do£tors;-ii- that the terra j
Mawdlee [maker of an Aild\ is applied only to one who cannot have;
carnal connexion with his wife for the fpace of four months, without!
incurring a penalty, fuch a.s expiation, for iriftance; but in the pre- j
Tent cafe the hulband may have carnal ebmleXfon with his wife with- j
out incurring any penalty, becaufe the day excepted is not particularly |
Ipec if iedcontrary to a cafe of hire, where the excepted day is tratif-
ferred-to the end of the year, from neceffity, as the contradt, or engagement
of" hire, would without that be void, on account -of i|-|
norance; whereas this is not the cafe in a vow.— But if, after this Vow J
the man were on any particular day to have carnal connexion with his
wife, and four months or upwards of the year Hill remain, Aikwk
eflablifhed, as the exception then drops.
I f a man, being in Bafra, and his wife In Ko o f a, fw ear that he
will not go to Koofa, Aila is not eftablilhed, becaufe he can ftill have
.carnal connexion with his wife, without incurring any penalty *, by
That is, without Tubjccting himfelf to any obligation of performing expiation for
the.breach of his vow.
«s bringing
bringing her from Koofa to the place of his refidence, and there enjoying
her.
If a man make a vow, annexing to his-breach of it pilgrimage, fa ß , ^ vow °f ab*
alms-gift, mammißion, or divorce, by faying to his wife “ if I have der a penalty
“ carnal connexion with you, I am under an obligation to fa ß ,” — or ft"tutesm°n'
“ to give alms,”— or “ to perform a pilgrimage,”— or “ fuch an one Ail*'
u my Have i-s free,”— or “ you are divorced,”— or “ fuch ari one, my
“ wife, is divorced, ” — A ila is eftabliflied, as in this cafe an obftacle is
oppofed to the commiflion of the carnal aft from the terms of. the vow,
the mention of the condition and the penalty, the feveral- penalties,
aboycnientioned amounting to prohibition, as the incurring of any of
them is_ attended with trouble or injury.— Abap Topfaf objedts that
fufncndiag the manumiflion of a flave upon the commiflion o f the
carnal adt does not-amount to an A ila, as it is poflible for the hulband
to evadejthe penalty, by firft felling the Have, in which cafe he
might commit the without incurring any penalty. — T o this.
Haneffa and Moh'amdied reply that the faie of the Have is not a matter
of certainty, aS a purchafer is not always found, and hence this objec-
üaMföof no weight.
I f a .man make an A ila with relpedt to a wife under reverßhle di- ■ holds-
V|rce, the A ila ip, eftabliflied ; but if, with refpedt to one under irre- "fP“51'1’« a;
■ mrfble divorce, it is-««/eftabliflied; becaufe the connubial union ftill,
Ifbfifts in the former cafe, but not in the latter; and in the facred TOrCe;
Writings; Ihe alone is declared to be a fubjedt of a vow of abftinence
who is the wife o f the vower.
If a man make an A ila with refpeft to a wife under reverfible di- but drops on
vorce, and her Edit be accomplilhed before the expiration of the term
4 Aila, the Aila then drops, as the woman (becoming totally .fepar- E<Ut.
ated by the completion of her Edit) no longer remainsfea. fubjed-
of it. iT fir * v
If