G I F T S.
Alms-deed
requiresfeizin
o f the fubjeft,
and cannot
be retraced.
Diftin&ion
•between votive
vows of
M a i zndMilk,
in alms.
“ is yours by way of Rikbafi is, “ if I die before you, my honfe is
“ yours,” which is a fufpenfion of the conveyance o f property upon
the decealeof the donor previous to that of the donee; and this is a
matter of doubt and uncertainty, and confequently null,— It is to be
obferved that Rikba is derived from Irtikdb, which means expectation ’
for the donor is, as it were, an expedant of the death of the donee.
S E C T I O N.
O f S a u k a , or A l m s - d e e d .
A l m s - d e e d , like gift, is not valid unlefs attended with feizin,
as it is gratuitous, i the fame manner as a gift. Neither is an alms
lawful, where it confifts o f an undivided part of a thing capable of di-
vifion, for the reafons already explained in the cafe o fa gift under thefe
circumftances.
R e t r a c t a t i o n of alms ;is not lawful"; becaufe the objedl, in
alms, is merit in the fight o f G o d , and that has been obtained. If,
alfo, a perfon bellow alms upon a rich man it is-not lawful to retrafi
therefrom, on a favourable conltrudlion of the law, becaufe to acquire
merit in the fight of G o d may fometimes be the object in bellowing
alms upon the rich.— In the fame manner alfo, if a perfon make a gift
of any thing to a poor man, it is not lawful to retraft it, becaufe the
objeft in fuch gift is merit, and that has been obtained.
I f a perlon vow to devote his property \Mdl~\ in charity, let him
give of that kind on which it is incumbent upon him to pay Zakdt.—
If, on the other hand, he vow to devote his pojfejfions \_Milk,~\ he
mull give the oxihole of his property.— It is related that there is no difference
between thefe two cafes.—W e have, however, in treating of
the
the duties of the Kdzee, Ihewn the difference between Mai and Milk ;
and alfo the principles on which both thefe traditions proceed.— It is
to be obferved that, in this cafe, the perfon that made the vow mull
be told to refcrve for himfelf and his family as much of his property
as may fuffice for their maintenance until he be able to acquire more.
The remainder, after fuch refervation, mull be bellowed' in charity;
and after he has acquired more;, he mull then give in charity a portion
equal to-what he had referved for the fubfiltence o f himfelf and
his family.— An explanation of this has already been given in treating
ef inheritance, under the headof dutiesiofthelLkzv.^
H E D A T Æ