defign of the vower may be to quit converfing with thofe perfons on
account of the relation in which they Hand to the perfon named1,
(whence he has not mentioned them with any pointed reference,) and
it is alfo poffible that the defign may be merely to quit converfing with
thole perfons; thus a doubt exifts, whether the relation be the motive
to the vow or n ot; and fuch being the cafe, the vower is not for-
fworn by converfing with any of thofe perfons after the diffolution of
the relation in which they llood to the perfon named.— If, moreover*
the man Ihould have made his vow with refpect to a perfon particularly
Ipecified, by laying “ I will not converfe with this Have of fuch
.an one,” or “ this wife,” or “ this friend,” (and fo forth,) and he
Ihould converfe with them after the Have lhall have been fold, or the
wife divorced, or the friend at enmity, he is not forfworn in the cafe
o f the jlave, but he would be fo in the cafe of the wife or the friend.—
This is the dodtrine of Haneefa and Aboo Yoofaf— Mohammed fays that
he is forfworn in the cafe of the Have likewife; and fuch alfo is the
opinion of Ziffer. And if a man were to make a vow, faying “ I
“ will not enter into this houfe of fuch an one,” or “ I will not ride
“ upon this beaft of fuch an one,” and he Ihould enter the houfe, or
ride upon the beaft, after the owner has dilpofed of them, the lame
difference of opinion prevails among the doctors as is above ftated.—
T h e argument o f Mohammed and Ziffer is that the mention of the relation
of the Have to his owner is for the purpofe of indication; but
pointed reference is more forcible, in indication, than the relation
which a thing bears to another, as that altogether obviates doubt;
wherefore regard is had to pointed reference alone, and the mention of
the relation is nugatory, in the fame manner as in the cafe of the wife
or the friend.— T h e argument of Haneefa and Aboo Yoafcf is that the
moving caufe of the vow, in the cafe of the Have, the houfe, or the
animal, is fome property which is to be found in the perfon to whom
they have reference; becaufe the houfe or -the animal are incapable of
being of themfelves held in enmity; and fo alfo the Jlave, as he does
not ftand in a rank fufficiently refpeftable to admit his being an object of
enmity;
enmity ; wherefore the quitting from converfe with thofe is on account
of a property which is to be found in the proprietor of them ; and hence
the vow is reftrifted to the continuance of the right of the owner : contrary
to a cafe of relation by connexion, fuch as the relation o f the wife
or the friend ; as enmity and reparation from them may be the defign,
for which reafon the mention of the relation in which they ftand ta the
perfon named is merely for the purpofe o f indication ; and it is evident
that the moving caufe of the vow, with refpeft to them, is fome property
which is to be found in themfelves, and not in the perfon to
whom they have reference ; becaufe they are mentioned with a
pointed reference : contrary to the cafe of the Have, the houfe, or
the animal, as in thofe cafes the thing mentioned is incapable of beino-
o f itfelf held in enmity, unlefs on account of feme property to be
found in the perfon in reference to whom it is mentioned, namely the
proprietor.
If a man make a vow, faying “ I will not fpeak to the owner o f
“ this tu rba n f and the owner of the turban Ihould afterwards fell it,
and the vower Ihould thereafter converfe with the faid perfon, he is
forfworn; becaufe here the mention of the relation of the thing to the
perfon is purely for the purpofe of indication, fince men do not fall at
variance with turbans ; and hence it is the fame as if he had fpoken
with a pointed reference to the owner of it, by laying “ I will not
“ fpeak to this owner of a turban ;” in which cafe he would be forfworn
; and fo here likewife.
If a perfon make a vow, faying “ I will not converfe with this Avowagainft
“ youth,” and he Ihould afterwards converfe with him when he has ar- con,ve/ri"g
* 1 j r ' \ • c r , . With *ucaa
rived at an advanced age, he is forfworn ; becaufe the efïb<St is connected youth\svio-
with the perfon mentioned; as a defcriptive expreflion is not neceffary verfing with"
to fpecify a perfon who is prefent, and the defcription of youth cannot |w | £ |
be confidered as the motive to the vow.
SE C T IO N .