homogeneous, and confequently the completion of one by means of
the other is infufficient.
If the perfon pronouncing a Zihdr defire another perfon to- diftri-
bute the victuals for him as an expiation, and the latter do fo, it fuf-
fices, as this amounts to borrowing fo much; and the pauper to whom
the perfon fo commiffioned gives the victuals appears firft to make
feizin of them in behalf o f the expiator, and then to receive them on
his own account; thus the expiator is firlt feized o f the property,, and
then makes it over to the pauper.
If the pronouncer of a Zihdr feed fixty paupers morning and
evening it fuffices, where they are filled, whether they eat more or
jefs__S'hafii lays that this does not fuffice, as it is requifite that the
victuals be regularly configned to fixty poor men, the fame as in Zakat
and Sadka Fitter, becaufe in conftgning their wants are more effeftu-
ally relieved than by feeding, which is only an a£t o i permijfwn, and
confequently cannot Hand for confignment.— T h e argument of our
doctors is that the word Itadm, or feeding, is what is mentioned in
the text, and the literal meaning of that is to give a power over food,
which is. found in permitting to eat, the fame as in confignment: but
in Zakat and Sadka F ittir confignment is effentially requifite, and
mere permilfion does not fuffice, becaufe there the gift is incumbent,
and by g ift confignment is underftood.— In ffiort, with refped to
whatever is mentioned in the facred ordinances of the law under the
term- viEtuals, permilfion is fufficient; but in what is mentioned under
the terms g ift or payment, confignment is a condition..
- If among the fixty paupers thus fed morning and evening
there be an infant newly weaned from the breaft, it does not fuffice,
as the expiation is not in that cafe completely performed, a
child of this defcription not being yet able to eat a full proportion of
victuals.
W ith
W ith barley-bread it is requifite that fome provifion be be-
ftowed fuch as it is ufual to eat with bread, as the appetite cannot
be fatisfied with that alone: but with wheatefabread this is un-
ueceflary.
If victuals be given to one pauper for fx t y days, it fuffices, becaufe
the relief o f want is what is required, and want recurs every
day, wherefore giving it to the fame perfon a fecond day amounts to
oiving it to a fecond pauper.— But i f the victuals for fixty be given
at once to a Angle pauper, it does not fuffice:— yet i f they be given
to him at fixty feparate times within the day it fuffices, according to,
fome; but others alledge that it does not fuffice.
If the perfon pronouncing a Zihdr have carnal connexion with
his wife within the time o f his performance of expiation by alms, as
above, Hill it is not necelfary that he Ihould recommence, as it is not.
fet forth as a condition in the word of G od that this fpecies of expiation
Ihould precede touching: but it neverthelefs behoves him not to
touch her until he lhall have made expiation, as it is polfible that in the
interim he may be enabled to perform that by the manumilfion o f a
Have, or by falling for two months, in which cafe this would induce,
expiation by thofe methods.after touching, contrary to the injunction,
of the text..
If a man,, as an expiation for two Zihdrs, dillribute to each of,
fixty paupers- a double proportion of victuals, (fuppofe one Saa of
wheat to each,) yet this does not fuffice for more than one Zihdr,
according to the two Elders.— Mohammed lays it fuffices for both.-—
But if the victuals be bellowed in this way upon fixty paupers, as
an expiation for the breach o f a fall, and for Zihdr, it fuffices fore
both.— The argument of Mohammed is that what is bellowed upon the
paupers aforefaid fuffices for the. performance of both expiations, and
8 the
Carnal con-
nexionduring
expiation by
alms does not
require that
the alms be
diftributed
anew.