Cafe o f a vow
o f inhibition
re ft rifled
to a particular
occurrence.
the night, becaufe the word day, where it comes in context with a thing:
which is not a matter of continuance, means time generally, and as.
fpeaking to a perfon is not a matter of continuance, by the word day,
is to be here underftood time in general.— But if the fwearer fhould declare
that his intention in the vow was confined to the day-time, in
particular, his' declaration muft be credited with the Kazee, becaufe
the term Yawm is ufed alfo in this fenfe.— It is recorded from Aboo
Toofaf that his declaration is not to be credited with the Kazee, as it is
contradictory to general ufage.— -But i f the vower fhould, in the place
o f the word day, ufe the word night, by faying “ on the night [Lai/]
“ on which I converfe,” (and fo forth,) by this is to be underftood.
night only, becaufe the pofitive meaning of the term h a il is night, in
the fame manner as the pofitive meaning o f the term Nihdr is day; but
noinftance is known of L a il being ufed to exprefs time generally.
If a perfon fay “ i f I fpeak to Zeyd, unlefs a certain perfon come,
“ his wife is divorced,” and he Ihould afterwards converfe with Zeyd,
before the coming o f the other perfon, he is forfworn,— but, i f after,
he is not forfworn.— In the fame manner if the fwearer were to
exprefs himfelf, “ if I fpeak to Zeyd until fuch an one fhall have
“ arrived,” or “ unlefs by permiffion of fuch an one,” or “ until
“ the permiffion of fuch an one,” — “ his wife is divorced,” and
he fhould afterwards converfe with Zeyd, before the arrival, or before
permiffion obtained, of the other perfon, he is forfworn;— but, i f
after, he is not forfworn ; becaufe the arrival or permiffion is the termination
of the vow, which remains in force until the termination,
but difcontinues upon that taking place; and he cannot be forfworn
after the vow is completed.— In the cafe here ftated, i f the perfon
named fhould happen to die, the vow ceafes: contrary to the opinion
of Aboo Toofaf, for with him the vow does not drop, but the vower is
forfworn if ever he Ihould fpeak to Zeyd.— T h e argument o f Haneeft
no means efficient of divorce to the woman mentioned in it, but is confidiered, with
refpeft to her, as a vague and idle fpeech, and in itfelf void, inducing nothing more than
an expiation on the part of the perfon fpeaking.
and
■ and Mohammed is that the thing prohibited by ,tbe tenor o f ,the oat-h is
converfation with Zey.de, and this,, by his death, being rendered im-
jpoffible, the vow drops .of courfe : but with jt.bo,o T.otfafthe poffihility
is not a condition, whence upon the death of Zeyd the vow becomes
perpetual.
I f a man make a vow, faying “ I will not fpeak to-the Have o f Avowaga;nft
“ fuch a perfon,” without intending any particular Have,— or, if he converting
Ihould exprefs his vow “ I will not fpeak to the w ife," or “ the defcribedis
' friend of fuch a perfon,” and the perfon fhould fell his Have, or to\„other)
repudiate his »wife, or fall at enmity with his friend, and the-vower not violated
afterwards converfe with either o f thefe, he is not forfworn, becaufe with that per-
his vow .-is taken as regarding a circumftance which has its exiftence in description1'
a .matter relative to the perfon named, whether that matter . A . m . . . . .. be rela- t(0'v tikteh roet]fipere^a
tion by right of property, asm the cafe o f me flave; or relation by con- is done away.
nexion, as in the cafe of the tutfe., os' the friend-, and when that matte
r no longer remains, the vower cannot beffirfworu.— T h e compiler
of-this work .obferves that what is here faid is .taken from the Jama
Sagheer; and other authorities agree with it, in refpedt fo the .relation
-by right o f ‘property: but in refpedt .to the relation by connexion the
vower would be forfworn, according to Mohammed, becaufe fuch relation
is purely o f an indicative nature, and is not to be taken in ;a re-
fr ic liv e fenfe, :fince the cafe admits the defign of the vower to be a renunciation
of converfation with thofe .perfons, as either of them is
capable of being held an enemy, from injuries received, but not 'becaufe
of the relation in which they ftand to the perfon named; the
continuance of that relation, therefore, is not a condition ; and hence
the effeft is connected with the identical perfon of either, as in.a calc
o f pointed reference;— that is, i f a perfon fay “ I will not converfe
“ with this friend, or with this wife, of fuch a perfon,” and he fhould
converfe with them after the falling out with the friend, or the divorce
of the wife, he is not forfworn; and fo here alfo.— The reafon
.for what is recited in the Jama Sagheer is that it is poffible that the
Y y y 2 defign