Zibar collectively
pronounced
takes place
upon every
individual to
whom it is
addrefled. ,
A Zibâr may
be expiated
by the emancipation
of a
Have, &c.
W here a man addrefles all his wives collectively, faying •“ ye
are to me as the back of my mother,” Zihar is eftablifhed with
reipeft to every one of them, he having on this occafion applied the
Zihar to them all indifcriminately,— as in divorce, where if a man
direCt a icntencc of divorce to the whole of his wives'Collectively, it
takes place' upon the whole. And here an expiation is incumbent
upon him, on account of each wife refpeCtively, becaufe prohibition
has been eftablilhed with refpedt to each; and expiation . is ordained
for the purpofe of terminating and abolifhing the prohibition; and
where that is numerous the expiation muft be fo likewife, according
to the number of prohibitions:— contrary to a cafe where a man.
pronounces an Aila (or vow of four months abftinenee from carnal
connexion), upon all his wives- c.olle£tively, and breaks his. vow. liy
having carnal knowledge of them within the four months,^ for here
a Jingle expiation only is incumbent upon him, becaufe in thjs calc
expiation is incumbent upon him out of relpedl to the honour ar.d
greatnefs of the name of G od ; and his. name, in a vow of Aila,\%
mentioned once only, as it is pronounced by the man faying to all his
wives il by G o d I will not have carnal connexion with you.”
S E C T I O N .
O f E x p i a t i o n ,
T he expiation of a Zihâr may be ejîeâed by the emancipation or
a {lave ;— or if, from not being pofleffed of fuch {lave, this mode be
impracticable, it may be effected by a faft of two months fucceflively
;
lively*; or if the flate of the health do not admit o f fuch fall, by the
diftribution of vidtuals to-fixty poor menj; becaufe a paflage which-
occurs in the: Koran, relpedting expiation, demonftrates- the obligation
of performing it in one or other of thofe ways r but the expiation is
fuppofed to precede a man’ s touching his wife, after having pronounced
a Z ih d f uponher:— in expiation by manumiffion or fajling, this is
evident, becaufe the text relates to that;. and fo alfo in expiation by
the diftribution of vidtuals'to the poor-,— becaufe by expiation prohibition
is terminated,, wherefore it is neceflary that the expiation be firft
made, in. order that carnal connexion may be lawful.
I t fuffic.es for an expiation that a {lave be releafed, whether that
flave be an infidel or a Mujfulman, an infant or an adult, a male or a
female, becaufe the word Rakba, in the Koran, applies equally to all
of thefe, as it fignifies one who is poffefled, in right of property,, by
another, under-any defeription whatever.— Shcfei lays that the emancipation
of an infidel does not fuffice as an expiation, becaufe this is a
right of.G od, which cannot lawfully be expended upon one who,; as
being an infidel, is his' e n emy l i k e Z a k d t,. which is a right of G od,
and- the diftmrfement of. which upon infidels, as being the enemies
of G od, is therefore illegal.— T o this- our doctors reply that the
emancipation of a Have \Rakba\ is what is mentioned in the text, and
that is fulfilled by themanumiffion of an infidel: and as to what
Shcfei advances, of expiation being a right of G od, and therefore not
to be" expended upon his enemies, it may be replied that the intention
of the expiation is to render the Have equal to the fulfilment of fuch
duties as relate to G od, that is to fay, of Zakdt, pilgrimage,, bearing
evidence, fighting for the faith, magiftracy, and fo forth ; and i f the
flave be not a Mujfulman, and continue an infidel after manumiffion,
* By Sawm, or tilting,, is here "and elfewhere underftood an abftinenee from food
and every carnal enjoyment from the rifing to the fetting fun of each day, within the pre-
feribed term.
The emancipation
of a
flave of any
defeription
fuffices,
thereby