but i f carnal
connexion
take place
during the
fall, it mult
be commenced
dt nc<vo.
being ordained fejiiva ls) any extraordinary abjlihence in them is for-'
bidden.
If the expiator, either wilfully or through forgetfulnefs, in the
night, or from the latter catife, in, the day time, fhould during the
term of expiation have carnal connexion with the wife upon whom he
had pronounced the Zihâr, he mull again begin the fall: anew, according
to Haneefa and Mohammed. Aboo Yoofaf lays that it is not incumbent
upon him to begin it again, as his connexion with the wife
does not amount to an interruption o f the fall, finee that is not broken
by it ; and i f it be faid that one condition of the fall is that it precede
touching, it may be replied that a compliance with that injunction is
here rendered impoffible; h e therefore holds that it mull in this cafe
fuffice that a part of it precede touching, for i f the fall be commenced
anew (as is the dodtrine of Haneefa and Mohammed) it follows that the
whole would be fubfequent to touching.— The argument of Haneefa
and Mohammedis that the conditions of making expiation, by fait are
twofold;— one, that the fall precede touching;— another, that the two
months be exempt from touching ; and the fécond of thefe being
violated by the connexion, the circumftance with refpedt to which
the condition was made is not fulfilled, and therefore the fall mull-be.
commenced anew, becaufe though the obfervance of the firll condi-
tion be now rendered impoffible, yet Hill it remains in his power; to
perform the expiation in fuch a. way as may fulfil the fecmd condition
of it..
If the expiator wilfully break his fall in the day time, within the
two months, either with or without excufe* he" mull commence it
anew, according to all the doctors, as this is an interruption of the
fall, a condition of which is that it be fo r two months fuccejfvely \ and
this being Hill in his power it is therefore incumbent upon him.
If
If a flave pronounce a Zihâr upon his wife, a fall o f two months
fucceffively is the only mode of expiation which is allowed him, be-
caufe he is incapable of polTeffing any thing in his own right as a proprietor,
and confequently cannot expiate in any other way._And
here, i f the, owner o f this perfon-were to releafe another of his Haves,
or to dillribute victuals to fixty poor men, on his behalf, yet it does
not fuffice, as a flave, being incapable of polTeffing property, cannot
be regarded as a proprietor, from his mailer’s conlignment or transfer
of it. '
I f the perfon pronouncing a Zihar be incapable of obfervino- a fall
(from the ill Hate of his-health or other caule) it is incumbent upon
him to give viftuals to fixty poor men, G od having faid “ w h er e a
“ MAN CANNOT FAST, "LET HIS EXPIATION BE MADE BY DISTRI-
“ BUTiNG v i c t u a l ^ to SIXTY poor m e n .” — By the term vHduals
is here underllood half a Saa * of wheat, or one Saa + of barley or
dates., or the value thereof in money; becaule the prophet has laid
“ fo r each pauper there is h a lf a S a a o f w h e a t -and alfo, becaufe
regard is here had to the removal o f want from each fo r one day,
and confequently the proportion to each is determined by the Sadia
Fitter, or alms given on the fellival of breaking Lent.— Obferve that
what is here faid, “ or the value theretf in money," is the opinion of our
dodtOrs, as has been related at large in the book of Zakdt. And if
the expiator bellow one Man J of wheat, or two Mans o f barley, or
dates upon the poor, it fuffices, lince this fulfils the delign, as wheat
and barley are o f one and the fame genus or nature, in refpedt to food,
and confequently to compenfate the defedt in one grain by an addition
of the other is lawful: contrary to a cafe where a man falls, and at
the end of a month becomes incapable of continuing the fall, on account
of ficknefs, for here the expiation would not be effedted by
giving victuals to thirty paupers, becaufe falling and vidtuals are not
* About four pounds. -f* About eight pounds. £ About eighty pounds.
X x 2 homogeneous,
Fafling the
only mode
in which a
Have can expiate
Zihar.
Zihar may be
expiated by
the diftribu-
tion of alms.