fon is attributed to the director, and it is here, therefore, the fame as
if he had mounted a beafl, and rode out upon it: but if another perfon
were to carry him out of the mofque by compulfton, he is not forfworn,
becaufe the a£l of a perfon compelling cannot be attributed to the per-
fou who is forcibly compelled, as he gave no direction in it.— If, moreover,
a perfon fhould carry out the fwearer with his w ill, but without
his direction, he is not forfworn, (according to the Rawayet Sahceh,')
becaufe his removal cannot here be eflablifhed, as it can only be fo by
the circumflance of his directing or defiring it, and not by his will
alone; and his defire or direction do not appear.
If a man fwear that he will riot go fo rth [from his houfe] except to
a funeral, and he afterwards go to attend the funeral, and fome other
bufinefs fhould then occur to him, and he go upon that bufinefs, he is
not forfworn, becaufe the act of going to the funeral was excepted
from his vow, and his motions after that are not forthgoings, as by
going fo rth is underflood removing from the infde of a houfe to the
outfide. .
If a man fwear, faying “ I will not go forth towards Mecca,"
and he afterwards go forth with a defign of going to Mecca, and return,
he is forfworn; becaufe his going fo rth with a defign o f going
to Mecca (which is the condition) i'shere found, fince, by going forth
is underflood removal from the inftde of the houfe to without, which
has here occurred. But if he fhould have fworn, faying “ I will not
“ come to Mecca," and he afterwards go towards Mecca, and return,
he is not forfworn, nor until fuch time as he actually enters Mecca,
becaufe coming implies arriving, and that has not taken place. I f a
man fwear alfo “ that he will not go towards Mecca," fome lawyers
fay that the cafe will be the fame as this lafl recited, whilfl others af-
fert that it correfponds with the preceding cafe; this lafl, however, is
the more approved doftrine, becaufe going implies removal, and arrival
is not neceffary to conflitute removal.
If a man make a vow that “ he will go to Mecca," and he fhould
not go to Mecca during his life, he is forfworn: but he will not be
accounted forfworn until after his death, becaufe whilfl life remains
there is a hope of his fulfilling his vow.
If a man make a vow, faying to his wife “ i f you go out unlefs
“ by-my permiflion, you are divorced,” 'and he fhould afterwards
once grant fuch permiflion, and the woman go out accordingly, and
fhe fhould again go out without her hufband’s permiflion, the confe-
quence of his vow is incurred, (that is, the woman becomes divorced,)
becaufe permiflion is requifite each time that fhe goes out, as he has
excepted from his vow the a ft of her going out with his permiflion,
and any other aft of going out beyond that is included in the inhibition,
wherefore the confequence is induced by her going forth without
his permiflion.— I f the vower explain, faying “ I intended one per-
“ million only,” his declaration is to be credited in a religious view,
but not in point of law, becaufe, although his words, as above, are
capable o f this conflruction, yet it is contrary to their apparent
tendency.
If a woman be defirous of going out, and her hufband fay “ i f
“ you go out, you are divorced,” and fhe thereupon fit down, and
afterwards go out, the confequence is not induced,— that is, divorce
does not take place:— and fo alfo, if a man be defirous o f beating his
flave, and another vow “ i f you beat him, fuch an one my Have is
“ free,” and the man, defifling only for a momentary fpace, beat his
Have, the flave of the other perfon does not become free. T h e reafon
of this is that the defign of the fpeaker in what he vows is to prevent
that going forth of the woman, or that which (according to what then
appears) the woman or the mafter is intent upon doing, and of courfe
the vow is reflricled to that beating, or that going forth, as the
foundation of vow refls upon what appears at the particular crifis._
This fpecies of vow is termed Tameen Fowr, or a fudden y ow:
V ol. I. U u u and
An undetermined
vow of
performance
is not violated
until the
death o f the
vower.
Vows made
with a view
of prevention.
Cafe of a
vowexpreffed
generally, hut
reftri&ed, in
its fenfe, to
fome particular
occa-
fxon.