A f i t f u l VOW
mult be
broken and
expiated.
The Vows o f
in f id e ls , being
nugatory,
cannot be
held as v i o la
t e d .
expiation for wounding game*,— that is, if the pilgrim perform expiation
after the aft of wounding, it fuffices ; and fo alio in the pre-
fent cafe. The argument o f our doftors'is that expiation' is 'ordained
as an atonement for offence; but in the cafe before us no offence has
yet appeared.— In reply to what is advanced by Shafei, they obferve
that the vow is not the occajion of the offence, as nothing'c’an be con-
fidered in any degree the occafion of an offence, but what necefiarily
leads thereto, and a vow does not necefiarily lead to its own violation,
but is rather prohibitory of it; hence the vow is-not theecaufe of the'
offence in the prefent inftance: contrary to the cafe- of the pilgrim,
adduced by Shafei, in which the wound inflifted upon the- deer leads
to its deftruftion, by ultimately occafioning its death; thefe therefore
are not analogous cafes.— It is to be obferved that whatever the expia-
tor may have given’ to the poor before the violation o f his vow, he
m u f t not-take back again, becaufe this is aims, and it is not lawful for
a man to take back His alms.
If a man bind himfelf, by a vow, to the commiflion of a fin, as if
he were to fwear “ by G od I will not pray,” or “ I will not converfe
“ with my father,” or “ I will murder fuch an one in fuch a month,”
it is incumbent upon him to violate his vow, and perform an expiation,
becaufe it is recorded in the traditions, that if a man vow a thing,
knowing that the negleft is preferable to the fulfilment, he ought to
a£t accordingly, performing an expiation for the breach of his vow.
If .an infidel fhould make a vow, and afterwards violate the fame,
either as an infidelox as a JAuJfuhuan, (fuppofing him to have been converted
to the faith in the interim,) flill he is not forfworn, becaufe he
was not competent to make a v ow ; as a vow is contrafted (that is, is
made binding) by a reverence for the name of G od, and the vower,
m Pilgrims are forbidden to deftroy game of any kind within a certain diftance o f Mecca,
termed the Ibram [forbidden ground] of pilgrimage.
- whllft
C hap. III. V O W S . S°3
whilfl he was an infidel, cannot be fuppofed to have entertained any
reverence for the name of G od :— an infidel, mor^ver', is not competent
to the performance of expiation, as that is an aft o f piety.
If a man make certain articles unlawful to him * , which are in
their own nature lawful, as if he were to fay “ I have made this cloth
(or, this provijion) unlawful to me "j",” yet fuch article does riot aftu-
ally become unlawful to him, but he muft perform expiation when he
happens to put on that cloth, or to eat that provifion.— Shafei fays that
expiation is not incumbent upon him, becaufe rendering unlawful that
which is lawful does not amount to a vow, as a vow is an aft authorized
by the law.— The argument o f our doftors is that the words “ I
“ have made unlawful,” evince the eftablifhment of illegality in the'
thing: now there is a poffibility of eftablifhing illegality in a thing
that is really otherwife, by fuppofing that the fpeaker had taken an
oath that he would not wear the clothes, or eat the provifions-; and
this fuppofition is adopted, in order to eftablifh the illegality declared
by the fpeaker; and it follows that whenever he does that thing which
he has rendered illegal to himfelf, he becomes forfworn, whether the
matter be great or fmall, becaufe when unlawfulnefs is once eftablifhed
in a thing, the illegality pervades every part of it.
If a man were to fay “ every thing lawful is unlawful to me,”
every fpecies of food and drink forthwith becomes unlawful to him,
unlefs where the intention or defign of the vow has regarded fome-
thing elfe.— This proceeds upon a favourable conftruftion. Analogy
would fuggefl that the vower, as foon as he has uttered his vow, muft
become forfworn, as being unavoidably and continually placed in the
performance of feme lawful aft, fuch as breathing, morning, rejling, or
* This is a phrafe by which is underftood a vow of abjiineme from the thin» exprefled.
t In reciting thefe forms of vows, the addrefs [K lyGod,” or “ I fw ear,” &c.] is for
the fake of brevity, omitted; it is always however to be underftood.
Vows o f ab-
ltinence.
fo