S E C T I O N .
O f Bequefts fo r pious Purpofes *.
I n th e e x e c
u t io n o f b e q
u e fts to
fundry p iou s
p u r p o fe s , th e
ordained d u t
ie s p r e c e d e
th e voluntary;
u n le f s a l l th e
p u rp o fe s
m e n t io n e d b e
o f e q u a l im p
o r t a n c e , in
w h ic h c a fe
th e a r r a n g e m
e n t o f th e
te fta to r m u ft
b e fo l lo w e d ,
Ip a perfon make’feveral bequefts, for the performance o f fundry
religious duties, fuch»as pilgrimage, prayers, and fo forth, it is re-
quifite to execute firft fuch as are abfolutely incumbent and ordained"f";
and this, whether the teftator have mentioned them firft or n ot; for
the cjifcharge of the ordained duties is of more importance than that o f
adts which are merely voluntary; and the law therefore fuppofes that
the object of the teftator was to begin with the performance of them.
But if the feveral duties, the objedts of the will, be all of the fame
importance, and of fimilar force, and the third of the eftate luffice
not:for the difcharge of the whole, they muft in that cafe be executed
agreeably to the order in which they have been fpecified by the
teftator, as it may be inferred that thofe to which he gave the precedence
were, in his opinion, the moft urgent. Tahdvee maintain'^
that alms are to be executed before pilgrimage. Thefe'is alfo one
report from Aboo Toofaf to the fame effedt. Another opinion reported
from him is, that pilgrimage precedes alms; and luch is the
■ opinion of Mohammed. T h e argument in favour of the firft report
is, that both are in an equally ftrong degree enjoined by G od: but
yet alms, as being connedted with the rights of mankind, muft be
preferred, the right of the individual preceding the right of God.—
* L i t e r a l ly , t£ o f bequejis to the rights o f G o d .”
t A r a b . Fa r z :~ a te rm applied to an y th in g enjoined as an indifpenfable d u ty , and more
p a r ticu la r ly to th e fiv e primary d u t ie s ; purification, prayer, alms, fajling, and pilgrimage.
5 ■. The
T h e argument in fupport of thé fecond report is, that the performance
of pilgrimage, befidès thé ékpëhditufè of monéy,.. requires alfo
an e'xertion of the body ; and aS this is not the cafe with alms, pilgrimage
has therefore precedence. Either o f thófe, howéver, is preferable
to expiation, becaufe they have been in a greater number of
inftaric'eS, and in a ftronger degree enjoined by G o d .— Again: expiations
for murder, for Zihar, and for a broken vow, are preferable to
S a d ia fttir , [charity given on the day of breaking faft, ] becaufe thefe
expiations Have béèh 'enjoined in the K o r a n , whereas the latter has
not. Sadka-fittir, on the' Other hand, is preferable to facrifice, becaufe
it is an incumbent.duty in the opinion of all our dodtors, whereas,
a difference o f opinion fubfifts with refpedt to the abfolute obligation of
facrifice.: ,
In the execution of all pious wills, where the objedts of them are as wen as
not incumbent ditties, (fuch as' the* eredion of a mofque, o f a re- pUh" afesth°f •
céptacle for travellers, or of a bridge,) it is requifite to follow the th e b e q u e fts
arrangement of the teftator, finCe it may be inferred that he confidered a voluntary
thofe fifft mentioned as the moft urgent. Lawyers, moreover,' have Mture*
remarked ,that: if a’ perfon make feveral bequefts, fome for the per-
formande'of religious duties immediately enjoined by G od, and others
for benevolent' purpöfés amongft mankind, in that cafe a third of his
property muft be fet afide for the execution of them ; and whatever
may be the Ihare appropriated for the performance of the duties belonging
to G od,: it muft bé applied agreeably to the order of arrangement,
as already explained.— It is to be obferved, alfo, that every
diffêrënt duty is to be confidered in the nature o f a diftindt legacy; for,
the objedt o f eaeh being the attainment of the goodwill of the A l m
i g h t y , every feveral duty has an objedt in itfelf, and each is therefore
to be confidered in the nature of a legacy left to a different
perfon.
U u u 2 If