A vow made
refpetting an
abfolute im-
p o jjibility is
held as violated
upon
the inftant.
ftftriilcd cafe, the Fulfilment is incumbent on the inftant the perfon
ceafes from fpeaking, which being impoffible, the voweT is forfworn
on the inftant.— Haneefa and Imam Mohammed alfo make a diftinftion
between the reftriaed and the wireftriBed cafe; for they fay that where
the Vow is genera!) and there is water in the vefiel, and it happens to
be fpilled, the vower is forfworn; but not where the vow i s .reftriaed;
the reafon of which diftindfcion is that, in the uHreJiricledQ.dIt, the fulfilment
is incumbent on the inftant the perfon ceafes from fpeaking;
and the fulfilment being defeated, by the thing no longer remaining, re-
fpecting which the vow was taken, the vower is forfworn, becaufe the
thing vowed is in this cafe defeated fubfequently to the time when fulfilment
was incumbent; in the fame manner as if the v-ower fhould
happen to die, and the water remain in the cup, in which cafe he
would be forfworn:— but, where the vow is reftriaed, the accomplifh-
ment is not abfolutely incumbent, until the laft inftant of the time fpe-
cified; but the accomplifhment is then impoffible, becaufe the ■ water,
which was the fubjed of it, no longer remains; and where the accomplifhment
is no longer poffible, it is not incumbent; wherefore
the vow becomes null, as much as if there were no water whatevei in
the veflel. '
If a perfon make a vow,-faying “ I will, by fome means or other,
66 afcend to heaven,” or I will, tome how, convert this ftone into
“ cold,” this conftitutes a vow * , and the vower is forthwith forfworn.—
Ziffer fays that this does not conftitute a vow, fince amending
to heaven, or turning ftone into gold, are impracticable, in the
ufual nature o f things, and therefore are the fame as things a&ually
impoffible.— The argument of our dodors is that the fulfilment is here
^dually praBicable, becaufe it certainly is poffible to afcend to heaven,
as we know that the angels of G od afcend the Ikies: and in the fame
* A rab. Y oonakido-al-Y ameeNo, t h e v o w i s c m i r a t l e d ' , that is to lay, is valid in its
effect, and binding upon the vower. T h e expreffion, as above, is preferred by the tranflator,
as being more familiar to an E n g l i j h reader.
4 manner
manner it is poffible that a ftone may be converted into gold by the
Almighty exerting his power for that purpofe : now the thing vowed
being poflibte', the vow is contracted1 fo far as to give occafion for expiation;
and the vower is forthwith forfworn, becaufe of his inability, in
in the ordinary nature of things, to execute the thing which he has
undertaken; in the fame manner as if a vower were to die before the
accomplifhment of his vow, in which cafe he would be forfworn, although
it be poffible that he may yet be reftored to life r contrary to
the cafe of the veflel of water, becaufe the drinking of the water undertaken
to be drank is not poffible in either of thofe cafes, and therefore
the vow is null,-
C H A P . VII.
Of V 'j w s with refpeft to Speaking and Converjing,
I f a perfon make a vow, faying “ I will not fpeak to fuch an one,” Avowagainft
and he fhould afterwards fpeak to that perfon while afleep, from fuch {Pe“kinS to
a diftance as may be within his hearing, he is forfworn; becaufe he is vioiSby
has fpoken to that perfon, and the words have reached his ears; al- within
thpugh, in confequence of being afleep, he may not have heard them hear“ S di<v
and it is therefore the fame as if he had called to that perfon from a though he be
place within his hearing, and the perfon be not fenfible of his addreffino- aJIcct'
him through inattention.— In fome paflages of the Mabfoot it is faid
that it is conditional to the violation of the vow that the perfon fleep-
ing be awaked by the words fpoken; (and in this opinion our doctors
coincide;) becaufe, if he be not awakened, it is the fame as i f the fpeaker
had