almond bread in Irak * he is not forfworn; becaufe Inch bread is not
common in that region; whereas, i f he were to eat luch bread in
Tabrifdn-\, or any other place where it is the ufual diet, he would
violate his vow.
I f a perfon fwear that “ he will not eat Shawd," (or few ,) then
the oath relates to the jlejh of the flew, and not to the vegetables or
eggs that maybe mixed with it; becaufe the term Shawd means the
meat of the f ew , and is therefore to be conftrued in its literal meaning,
unlefs where the fwearer may have intended by the word Shawd to
exprefs and include the abovementioned articles alfo, when the ab-
ftinence ought to be conformable to the intention.
I f a perfon fwear that “ he will not eat Tabb'eekh, ” (or boiled
meat,) his vow relpedts boiledflejh j . This proceeds upon a favourable
conftru&ion of the law, according to general ufage; and the ground of
it is, that the unreflriSled fenfe of Tabbeekh cannot be admitted, on account
that this would preclude the voWer from the ufe both of food
and of medicine, which is nofhis delign. T h e term 'Tabbeekh, therefore,
is here conftrued to mean the particular thing ufuaily underftood
by it, (namely, flejh cooked in water,) unlefs where the intention o f the
vower may have .extended farther, as i f he were to declare that he
meant thereby every fpecies of boiled provilions,— for here his declaration
is to be credited, fince this is a violence to himfelf, and a man is
empowered to inflict penalties upon 'himfelf. I f moreover, in this
cafe, the vower were to fup of the broth of flejh-meat he is for-
ftvorn, becaufe it partakes of the quality of fleth, and broth is alfo
* A divifion of Perfia :■ the ancient Chaldea.
j A province in upper P erfia: the ancient Hyrcania.
J Tableekh literally means boiled', in common ufage it fignifies boiled Jlejh; but according
to.its literal meaning, the term might equally well be applied to any other food.— This
whole cafe turns upon the exprefs and generally .accepted meaning of the word.
termed
C h a p . VI. V O W S .
termed Tabbeekh, wherefore he would be forfworn, “ as having
eaten Tabbeekh."
If a perfon vow that “ he will not eat any Rds," [head,] by this
is to be underftood the head of an animal, as ufuaily prepared for
cookery, and expofed to fale.— It is written in the Jama Sagheer, that
i f a perfon fwear that he will not eat Rds, by this is underftood the
heads of cows, bullocks, and goats, according to Haneefa;— but that
the two difciples hold it reftridted to the heads of goats.— This diverfity
of opinion, however, arifes folely from the difference o f times; for in
the time of Haneefa the word Rds was ufed to exprefs the heads of
both kinds; but in the time of the two difciples, the heads of goats
only ; and in our times, decrees are iffued according to whatever may
be cuftomary in conformity with general ufage, as is mentioned in
the abridgment of Kadooree.
I f a perfon vow that “ he will not eat Fakiha* f and he fhould
afterwards eat o f oranges, citrons, dates, pomegranates, or cucumbers,
he is not forfworn; but if he fhould eat apples, melons, or apricots,
he violates his vow.— This is according to Haneefa.— T h e two difciples
fay that he is alfo forfworn, if he eat oranges, dates, or citrons.
In fhort, Fakiha is a term ufed to exprefs things introduced as a delicacy
before or after meals, (that is, fuch things as are indulged in as a
delicacy over and above the common food;) and it is the fame whether
the fruit of which it is compofed be dried, or in the natural ftate, provided
it be thus indulged in, in both ways, (for the vower would not
he forfworn by eating dried melons, which it is not common to ufe as
a fuperfluous delicacy,) and this is the cafe with apples, melons, and
apricots, wherefore he would be forfworn by eating them; but it is
5J >
* Fakiha is faid, in the lexicons, to mean fru it-, it in reality means any fuperfluous
delicacy which does not come under -the denomination of feed, aad this generally co nfifts
o ffru it.
VoL. I. X x x not