the perfons upon whom it is beftowed are alfo proper fubjefts of both
-expiations, and confequently the aft is effeftual for two expiations, in
the fame manner as where the occafions of expiation are different, (as
in the cafe of expiation for a breach of faff and a Z ih d r,)— or where the
expiations are’ feparately performed. T h e argument of the two
Elders is that the intention, where things are-of one and the fame
nature, is nugatory; but regard is had,to it, when things zredfferent
in nature, becaufe a refpeft to intention is ordained, for the hike of
diftinguiftiing between different .things,; and hence, if atonement
were doe from a perfon for the negleft or omiflion of two days faff
in the month of Ramzdn, (a T’hurfday and a Friday, for iiiftance,) and
the perfon by fading afterwards two days intend atonement, it fuffices,
although the days on which he thus faffs be not the fame with the
days of omiflion, becaufe the thing is effentially the fame: contrary
to where a perfon owes one day’ s faff for atonement, and another day’s
faff in purfuance o f a vow,— for then a diftinftion is neceflary, becaufe
of the difference between the things: now as the intention, w'here the"
things are of the fame nature, is nugatory, and as the thing beftowed
is capable o f conftituting a Jingle expiation only, (becaufe half a Saa of
wheat to each pauper is ordained as the fmalleft amount fufficient towards
expiation, wherefore.the expiation is vitiated by being under,
but not by exceeding, the prefeffbed quantity,) it follows that the
diftribution of viftuals as aforefaid "is effeftual towards one expiation
only, the feme as where a fingle expiation only is intended:— contrary
to where the viftuals are beftowed at feparate times, becaufe giving a
fecond time is the fame-as giving to another pauper.
'If the man upon whom two expiations of two Zihdrs are thus incumbent
emancipate two-of his flaves, it fuffices, although he have no
fpecific intention as to either the flaves or the Zihdrs, refpeftively:—
and in like manner, if he faft: for four months, or diftribute viftuals
to "one hundred and twenty paupers, it fuffices, becaufe, as the thing is
• the fame, fpecific intention is not requifite.
5 If,
If, moreover, this man emancipate a fingle {lave in part of expiation
of two Zihdrs, it refts-with him to Ipecify to which of the two
he intends the manumiffion of that flave to apply: but i f he were thus-
to emancipate a flave-in part o f expiation of a Zihar, and o f a Murder,
it is invalid with refpeft to either. Z ffe r feys, that the emancipation
ofi a fingle flave is totally ineffeftual in either cafe.— Shqfei, on the
other hand, maintains that it is equally efficient in both cafes, the
{pecification refting with the expiator, becaufe all expiations are of one
2nd the fame nature with refpeft to their end, which is the covering
of criminality, but as intention with refpeft to things.fimilar in nature^
is unavailable, the fimple intention remains ; and as ( if that
were expiation) the expiator is at liberty to fpecify to which expiation
the.aft is to apply, fo here alfo.— The argument of Z ffe r is that the
expiator in this . cafe appears to have emancipated half his flave on account
of one Zihdr, and the other half on account of the other Zihar,'
and confequently, that he is not at liberty afterwards to {pecify his
emancipation as applying to either Zihdr in particular, after having
granted it as applying to both, fine he then poflefles no further option.
-O u r doftors argue (with Shafci) that fpecification, with refpeft to
things- fimilar in nature, is unavailable, and confequently nugatory,
wherefore fimple intention remains ; but-where things are different \w
natuie,. (fuch as the emancipation of a flave, . as an-expiation for Zihdr,
and alfo for homicide,') the fpecification of intention is available; and
the intention being approved, the emancipation of the flave does not
apply wholly either to the expiation for Zihdr, or to the expiation
Mft homicide.— -As. to. what Shafèi . advances, that all expiations are. o f
,®np and the fame nature,, in regard to their end, it may be replied that
a difference of nature between the expiations, in the prefent cafe; .fub-
fifts in regard to the different occafions of. them,.although in refpeft to
their end they be o f one and the fame nature..
CHAP.