not that robe, or fo forth, his declaration is not to be credited in point
of law : but it is credited in a religious view, becaufe the words robe,
food, and wine, are here mentioned ; but yet an intention of difcrimination
with refpeft to them contradicts appearances, wherefore his dedeclaration
is not to be credited as far as regards a decree of' the
Kdzee * .
®§;
Vows refpeft- _ . .
ing drinking I f a perlon were to make a vow that 66 he would not drink out o f
«■ MBra S fuch a fountain,” .and afterwards lift water tain or •vejjei• out of the fountain in
a cup, and drink, he is not forfworn,— nor unlefs he lift it with his
mouth, [that is, drink it without a veffel,] in which cafe he would
be forfworn.— T h e two difdples fay he is forfworn if he drink it out o f
a cup, as this is the ufual mode of drinking. Haneefa 5 arguments
are deduced from the Arabic.
If a man make a vow, laying “ I will not drink of the water of
“ fuch a fountain,” and afterwards drink the water of the fountain
out of a vefiel, he is forfworn, becaufe the water of the fountain,
after being taken up and drank, is {till referred to the fountain, which
is the condition; he is therefore forfworn, as much as if he were to
drink water out of a ftream which runs from the fountain.
i. H i!
V : ! IllMl II
I f a man make a vow, faying “ i f I do not drink, this day, of
“ the water which is in this veffel, my wife is divorced,” and it
{hould fo happen that there is no water in it, he is not forfworn; and
fo alfo (according to Haneefa and Mohammed) if there be water in the
veffel, and it {hould chance to be {pilled before the night of that day.
* That is, if a man, having made fuch a vow, were afterwards to perform any of the
.a&s therein fpecified, pleading that he made his vow under a reftri&ive intention, and that
the articles he has eaten or drank, or the robe he has put on, were meant as exceptions therefrom,
the poffibility of the truth of this declaration is to' be admitted; but yet the Kdzee
(who can judge only from appearances) muft decree the emancipation of the Have.
Aboo
5
Aboo Toofaf {ays that he is forfworn, in either cafe, upon the clofe of
that day;— and the fame difference of opinion fubfifts where a-man.
makes a vow,to G od, (that is, where he fays “ by G od I will drink
“ of the water which is in this cup this day;) for it is a rule with
Aboo Toofaf that the poffibility of fulfilling the vow is not a condition,
either of the obligation of the vow, or of its continuance',— whereas,
according to Haneefa and Mohammed, the poffibility. of fulfilment is a
condition of the obligation of the vow, and alfo of its continuance, becaufe
a vow is taken with a view to its accomplifliment, and it is therefore
requifite that the accomplifhment bzpojjible and conceivable, fo as to-
be obligatory.— The argument of Aboo Yoofcf 'vs, that although the ac--
complifhment of the vow be impoffible, yet its fubftitute (namely,
expiation) is poffible, wherefore fuch a vow may be lawfully taken,
inafmuch as it is the occafion of expiation : but to-this we reply that it
is requifite that the original aft- be prafticable, fo as to render the-
taking of the vow valid, fince, if the. original, aft' be impraftieable,
how can the vow be taken fo as to give occafion for a fubftitute ?—
and hence it is that a Tameen Ghamoos, (or falfe oath made refpefting
a thing already paft,) cannot be taken in fuch a manner as to occafion
expiation.— If, moreover, in the cafe now under confideration, the
words “ this day” {hould not have been mentioned, but the vow be
general,, as if the man had laid “ if I drink not of the water in this
“ veffel, my wife is divorced,” and there {hould happen, to be no-
water in.the veffel, he is not. forfworn, according to Haneefa and Mohammed:
but with Aboo Toofcfhe is forfworn upon the inftant.— But
if there be water in the cup at the time of fpeaking, and it be‘ fpilled
before night, the vower is forfworn, according to all our doftors.—
Aboo Toofcf makes a diftinftion between an unrefridled and a reflriBed
cafe; for he fays that, in the reftriBed cafe, the vower is forfworn
after the day is clofed ; but, in the unrefriBed cafe, he is forfworn tire
inftant he ceafes from {peaking; the reafon of which diftinftion is that,
as the fpecification of a time is. made for the purpofe oi.extenfon, the
aft does not become abfolutely incumbent until the Taft inftant. of the
time; and hence the vower is not forfworn until then; but in the imreflriBed