T h e two diiciples, on the contrary, maintain that the bequeft comprehends
every individual of the family, entitled to maintenance from
that perfon, fuch being (with them) the common import of the word.
T h e argument of Hancefa is that A hl, in its literal fenfe, fignifies a
wife, a°proof of which is drawn from this fentence of the Koran,
“ Mofes WA LK ED WITH h i s AM,” [wife,] (whence alfo the common
mode of expreffion “ fuch a perfon made taclhul [married] in a
“ particular c ity ;” )— and as the word A h l, in its literal fenfe; means
a wife, it follows that whenever it is ufed abfolutely it muft be re-
folved into its literal fenfe, which is the true one.
(or O f tfe IF a perfon make a bequeft | to the A h l of the houfe of fuch an
toufi Of a “ one,” the father and grandfather of the perfon named are included
p X - ' r in fUch bequeft, as well as all the defendants from the remoteft progenitor,
on. the paternal fide, profeffing the Mujfulman faith ; — and if
a perfon make a bequeft “ to the A l of fuch an one,” it is a bequeft
« to the A h l of his houfe,” the term A l applying to the tribe from
which he is defended.
If a perfon make a bequeft “ to the A h l of fuch a perfon’s Nijb
“ [race] or Jins” [generation,]—by the former is underftood all thofe
defended from his anceftors in general,— but by the latter thofe only
defended from the paternal flock, not from the maternal, becaufe
men are faid to be of the generation of their fathers, not of their mothers._
It is otherwife where the term Kirrdbit [affinity] is ufed ; for
that appertains both to father and mother.
them all in dif riminately, whether rich or poor, males or females J
for the execution of the bequeft is practicable in this inftance, becaufe
of the afcertainment of the legatees.— (It is to be obferved that, concerning
the expofition of the expreffion “ i f they can be enumerated,”
there is a difference of opinion; for, according to Aboo Toofaf, this
phrafe comprehends “ as many as can be counted without the aid of
written calculations,” whereas Mohammed holds that it extends no
farther than to one hundred, any greater number being confidered as
beyond enumeration. Some, on the other hand, allege that the determination
of thi.s point refts entirely with the Kdzee, and decrees
pafs accordingly.)— But if the individuals .of the race named be incapable
of enumeration, the poor only'are in that cafe included in the
bequeft, not the rich ; for it [the bequeft] is of a pious nature, and
the objedt of it (namely, the goodwill of God) is .beft attainable by
removing the wants of the poor. Befides, as the very defcriptions
ufed indicate a degree of want and diftrefs in the legatee, it is therefore
proper to admit this to have been the teftator’s meaning. It is
otherwife where a perfon makes a bequeft “ to the youths (or the
“ virgins) of a particular face,” who are innumerable ; for in fuch
cafe the bequeft is.void; becaufe, as the defcription ufed does not indicate
want, the words o f the teftator cannot be conftrued to apply to
the poor: neither can the bequeft poffibly hold valid in favour of all
the individuals of the clafs named, fince, as they are not to be enumerated,
it is impracticable to define them, and a bequeft to.unknown
legatees is null,—for bequeft is ah aft of endowment, and it is im-
poflible to endow perfons unknown. It is to be obferved that, in the'
cafe of bequefts “ to the poor or difrejjed.,” the legacy muft be paid
to at leaft two paupers, two being the fmalleft number of plurality in
bequeft, as was before ftated.
If a perfon make a bequeft “ to the race of fuch an one,” in that
cafe, according to the two difciples, and alfo according to the firft
opinion of Htineefa, the women of the faid race are included, the
X x x 2 plural
particular
race’,
or to the race
o f a particular
perfon;