Cafe in which
the violation
o f the vow
depends upon
the mean in ir
o f the terms
lifed in it.
Cafe of a vow
againft con-
verfing with
perfon for a
Specified time.
had called to him from a place fo diftant as not to be within hearing,
in which cafe he would not be forfworn, and fo here likewife.
If a man make a vow that “ he will not fpeak to fuch an one
“ without his permiffion,” and the perfon mentioned fhould permit
him to fpeak accordingly,' but the vower be not certified thereof
until after he (hall have fpoken to him, he is forfworn; becaufe the
term Izn [permiffion] is derived from the word Azan, which lignifie's
indication-, or it (ignifies a thing -received by the cars, which can only
be done by hearing.— -Aboo Toofaf fays that he is not forfworn, becaufe
Izn (ignifies licence, which is fully underftood by tacit confent alone;
— that is, (like thé will,') it does not depend upon any thing elfe: for
inftance, if one Were to (wear that “ he would not fpeak to fuch a
“ perfon without his will,” and the perfon (hould w ill his fpeaking
to him, but the vower be not certified thereof until after he. has
fpoken, yet he is not forfworn, becaufe the t«//is. fully eftabliffied
by the perfon being merely willing, and does not depend upon any
thing elfe.— But to this we reply that the will is merely an adtof the
mind, whereas Izn it not merely fo, for the reafons above dated.
If a perfon make a vow, faying “ I will not fpeak to fuch an one
“ fo r a monthf— it is to be underdood from the time o f making fuch
“ vow, becaufe i f he were not to mention the wordsfo r amonth, the
vow would take place as. a perpetual relinquilhment of converfe with
the perfon mentioned; the mention o f a month, therefore, is for the
purpofe of excluding from the vow any thing beyond one month, and
hence that which is connected with the vow mud be included in the
vow, from the argument of the date in which it is pronounced, as
being a date of anger, fince the reafon for the obfervance of the vow
is the anger which occurs to the vower at that indant, for which
reafon converfe with the perfon mentioned is prevented from that
indant. It would be otherwife if a man (hould fay “ by G od I will
fad for a month,” becaufe, if the words “ fo r a month" were not
mentioned,
mentioned, yet the vow would not take place as inducing a perpetual
fa d ;— the mention of a month, therefore, is merely for the purpofe
of redridting the fad to a month; and as the month is indefinite, and
not (pecified, the (pecification of it is left to the vower.
I f a man make a vow that “ he will not fpeak,” and he after- Repetition of
wards read the Koran at the dated periods of devotion, he is not for- {hefatedfea-
fworn ; but if he (hould, at any other time, read the Koran, he is f“n?’ does not
, violate a vow
forfworn. T h e fame rule alfo holds with refpedt to the fifbeeh * , Tzh- offilm«,
led and ffakbeer J ;— that is to fay, i f he repeat any of thefe at the
dated time of prayer, he is not forfworn; but if he (hould repeat them
at any other time, he violates his vow. This proceeds upon a favourable
condruftion.— Analogy would fugged that the voWer is forfworn
in either cafe, (and fuch is the opinion o f Shafei,) becaufe reading the
Koran, or repeating the Hafheeh, and fo forth, are all aBual exertions
o f the (peaking faculty.— -The argument of our doctors is that prayer
does n.6t come under the defeription o f fpeech, either generally, *or in
the condrudlion o f the l a w , the prophet having faid “ thefe prayers
“ which I teach are not capable o f being confrued as containing any o f
“ the'wbrds, o f men.” — Some have faid that in our days the vower
would not be forfworn, even at any other time than the dated periods
of prayer, becaufe the perfon who repeats thofe things is not faid to be
fpeaking, but reciting; and decrees pals accordingly.
I f a man were to fay “ on the day [Tawm] upon which I fpeak to a vow made
“ fuch an one, his wife is divorced § ,” this extends both to the day and IjefPeaing tlle ■ y day extends to
the the night alfo.
* Calling upon the name of G od in prayer by faying B eesm A llah I in the name
o f G od.’*
+ Repeating the Kalma> or creed, w th ere is no G od but G od, &c.”
X Magnifying G od (in prayer) by faying “ A llahoo A kb ero!” [ God is thegreatejl. J
§ It is to be obferved, in this and other fimilar modes of eScpreflion, that the vow is by
V o l . I. Y y y no