A vow pro-
nounced.with
a refervation
of the w ill of
God, is null.
Avow again ft
entering a
houfe is not
violated by
entering a
mofque,
church, See.
Ik a perfon make a vow of any thing, adding “ if it pleafe G od, ”
as if he were to lay £C by G od I will do this, G od willing, he cannot
be .forfworn, becaufe the prophet has laid “ he who vows any thing,
“ adding ‘ i f it pleafe G od, ’ cannot he forfworn.” — It is to be ob-
ferved, however, that it is a condition that the words “ G od willing”
do follow in immediate connexion with the words preceding, becaufe
if they be pronounced feparately, after having uttered the vow, it is a
retractation; and a retractation in Tameen is not lawful.
C H A P . IV .
Of Vows with refpe& to entrance into, or refidence in, a
particular Place.
I f a perfon make a vow, that “ he will not enter any houfe," and he
fhould afterwards enter a mofque, or fynagogm, or church, he is not
forfworn, becaufe a houfe is a place built for the purpofe of dwelling in,
(that is of Jleeping, &c .) and buildings of the above defeription are not
defioned for this purpofe:— the rule is alfo the fame, if the fwearer
fhould enter a porch or portico before the door of a houfe for the -fame
reafon,_Some have aflerted that if the portico be inclofed, in fuch a
manner, that when the front door is Ihut, a perfon may be faid to be
in the houfe, the fwearer by entering fuch portico violates his vow,
it being cuftomary for perfons to refide and deep in fuch a place.— I f
the fwearer alfo enter an Iwan * he is forfworn, becaufe that is de-
* An Iwan is an open gallery or balcony, on the top of, or adjoining to, an houfe,—
the roof of which is generally fupported by pars or pillars, for the benefit -of the air, in the
hot feafon.
ligned
foned as an occafional refidence in the hot weather, and is a fpecies of
dwellin'^ as much as a fummer or winter refidence. Some have conceived
that this is the cafe only where the Iwdn has fo u r walls, [that
is, where it is a complete quadrangle:] this diftinction is made, becaufe
thofe buildings in Koofa, and other parts of Arabia, are generally
fo conftru&ed; whereas, with us [that is, in Hindofian and
Perfa\ they have commonly three walls only, being quite open in
front, and therefore are not to be confidered as a houfe.-— Others,
however, fay that entering an Iwan is a violation of the vow,
whether it be conftrudted of three walls, or o f fo u r ; and this is approved.
I f a perfon fwear that “ he will not enter into a place f that is, Avoyagainft
into a Serai, and he afterwards enter a place which is defolate and in Serai is not
ruins, he is not forfworn : but i f a perfon fwear that “ he will not ™/afndgb/
“ enter fuch a place,” the place being then in a good and habitable rain.
ftate, and he fhould enter it after it had fallen to ruin, and been laid
level with the plain, he is forfworn, becaufe the term Daar, among
both the Arabs and Perfans, means any particular place, as with them
it is common to fay “ fuch a Daar is peopled,”— or “ fuch a Daar is
“ defolate, (that is, abandoned;” ) now an edifice is the defeription of the
term Daar, and this defeription is regarded in the fir fl o f the above
cafes, but not in the lafi.
I f a man take an oath, faying “ I will not enter into this D a a r "
and the faid place fhould afterwards become ruined and defolate, and
fhould again be rebuilt, or repaired, and the fwearer lhould after that
enter it, he is forfworn, according to what was before obferved, that
the appellation Daar ftill continues to be applied to the place, after
the deftru&ion of the edifice which flood upon i t :— but if this place,
after having been ruined and defolate, fhould be rebuilt as a mofque,
bath, or dwelling-houfe, and the fwearer fhould, after that, enter it,
he is not forfworn, becaufe in any of thefe cafes the term Daar is no
T t t * longer