A vow is
binding without
any condition
annexed.
fo forth ; and fuch is the opinion of Ziffer upon it ;— but the more favourable
conftru&ion is that the defign of the vow is to eftablilh fome-
thuig, the commiflion of which fhall be a crime ; and as this cannot
be eftefted where the intention, from the words o f the vow, appears
to be general, regard to its univerfality drops, and fuch being the cafe,
the vow will be conftrued as refpefting meat and drink, for the fake of
general application, as it is in practice commonly applied to the articles
of cuftomary fubliftence. A vow of this nature does not include the
ufe of women, unlefs by the intention of the vower; but in this cafe
it conftitutes an A lla, becaufe the form of words here recited is a vow,
bearing the interpretation of “ by G od, I will not have carnal con-
“ nexion with my wife and it is to be obferved that, where the
vower, by the words “ every thing lawful, intends woman, yet
meat and drink are not excluded from the vow, but ftill remain and
are to be confidered as conftituting a part of it.— What is now advanced
is taken from the Zahir-Rawdyet.— Our modern doftors have faid that
divorce follows a vow of this form, independant of the intention, as
the aforefaid words are frequently ufed in divorce ; and there are decrees
upon record to this effeft. It is alfo proper that the lame rule
Ihould hold where the vow is pronounced in the P e r f an tongue, for
the fake of general application.— Let it be obferved, however, that if
a man were to fay “ whatfoever I have in my right hand is unlawful
“ to me,” there is a difference among cafuifts concerning the effeft of
it ;— fome doctors lay that the intention is a condition, whilft others
maintain that it is not fo ; it is evident, however, that divorce takes
place from it, independent of the intention, on account of cuftom.
I f a perfon exprefs a vow in general terms, that is, not fufpended
upon a condition, as i f he were to fay “ I lhall fall upon fuch a day
“ for the fake of G od,” he is bound to the obfervance thereof, becaufe
it is faid, in the traditions, “ whoever makes a vow, andfpecifes
“ it, he is bound to the obfervance o f what he has fo fpecifed.”
If a perfon fufpend a vow on a condition, and the condition afterwards
occur, he is bound to the performance of what he has vowed;
and expiation is here of no avail, becaufe the tradition above recited is
general, that is, applies to afufpended as well as an ««fulpended vow;
and alfo, becaufe a vow lulpended upon a condition becomes, upon
the condition taking place, the fame as one o f immediate performance.—
It is recorded of Haneefa, that he receded from this do&rine, alleging
that if a man were to fay (for inltance) “ if I do fo, lam under obligation
to perform a pilgrimage,” or “ to fall a year,” or “ to
bellow all my property in alms,” and then perform an expiation
for his vow, it fuffices; and fuch is the opinion of Mohammed— If,
however, the vower Ihould not make an expiation, but perform the
thing which he had Ipecified, he is dilcharged from the obligation of
that alfo, provided the condition be of fuch a nature as that the vower
had no intention it Ihould ever take place. The reafon of this is that,
where the condition is of the defcription now mentioned, the fpeech
of the vower, as aforefaid, bears the fenfe o f a Tameen, or fufpended
vow, and alfo o f a Nuzr, .or abfolute vow -.— evidently of a N uzr, be-
caufe fuch a form of words is commonly ufed to exprefs a N uzr; —
and alfo of a Tameen, becaufe the defign o f the perfon, in fo fpeaking,
is to reftrain himfelf from doing the aft which conftitutes the condition:
and fuch being the cafe, it remains at his option either to per-
form expiation, regarding his words in the light of a Tameen, or to
perform the condition fpeclfied, regarding them in the light of a Nuzr;
it is otherwife, however, where the thing conditioned is not o f the
abovementioned defcription, but is adtually intendedby the fpeaker,_
as where a man (for inltance) feys “ i f G od grant me a recovery
“ from this illnefs, I am under an obligation to perform a pilo-rimao-e ”
for here expiation does not fuffice, but it is incumbent upon him to
perform the acftual thing fpecified, becaufe in this cafe the words do
not bear the fenfe merely of Tameen, but alfo of an abfolute vow-of
p e r fo rm an c e a n d this diftinction is approved.