“ perfon fhould fpeak, fo as to make an exprefs oral confeffion.”—
Some of our doctors entertain an apprehenfion that the figns of a dumb
perfon, whois at the fame time able to write, are cognizable; becaufe
figns are admitted as proof purely from neceffity, which does
not exiftin this inftance.— This apprehenfion, however, is repugnant
to what has been before mentioned, as from that we are to infer that
the figns of a dumb perfon are cognizable, notwithftanding he be capable
ofwriting; for as it is there faid that “ if a dumb perfon make
figns, or write, it is valid,” it follows that figns and writings are
©f equal weight, and that either of them fuffices;— the reafon of
which is that figns and writings are, both of them, admitted as proofs
purely from neceffity; and as, on the one hand, writing pofleffes an
explicitnefs of which figns are deftitute (the defign or meaning of the
perfon being afcertained indubitably from what he writes,) whereas
figns are of an ambiguous nature, fo, on the other hand, figns pof-
fefs an explicitnefs of which writings are deftitute, as they approach
ftill nearer to fpeech;— and figns and writings are therefore upon an
equal footing.
T he writing of a perfon who has been deprived o f the ufe of fpeech
by any accident, for two or three days, is not cognizable, any more
than that of an abfentee who is not dumb, fince there is ftill room to
hope that he may be able to fpeak, as his organs of fpeech remain.
I f the carcafes of llaughtered* goats be promifcuoufly mixed with
thofe of carrion f goats, and the one be not known from the other,
* Arah. Mazboob, meaning thofe regularly flain according to the prefcribed form e f
Zabbab. (See V o l . I V . p. 6 2 .)
-j- A rab. Moordar, meaning thofe which have died a natural death, or have not been
flain according to the prefcribed form.
and
f i
and the number llaughtered exceed the number of carrion , theperfons
about to ufe them muft make a deliberate feledtion, and eat fuch only
as they fuppofe moft likely to have been lawfully flain,— But i f the
number o f carrion exceed the number llaughtered, or i f they be equal
in number, none of them muft be ufed.— What is here advanced applies
folely to a fituation which admits a latitude of choice ; for in a
fituation of neceffity the feleftion may be made under either circum-
ftance, and thofe ufed which the people fuppofe moft likely to have
been lawfully flain ; becaufe as, in time o f want, indubitable carrion
is allowed to be lawful, it follows that what comes within the pof-
fibility of having been duly flain is lawful a fortiori-, but ftill a deliberate
feledion muft be made, fince it is moft likely that by this means
thofe will be ufed which have been duly flain ; and the felection is
therefore not to be difpenfed with except in cafes of extreme urgency,
Shafeï maintains that, in a fituation which admits a latitude o f choice,
it is not lawful to eat any of the goats, notwithftanding the number
of thofe duly flain exceed the number of the carrion ; for as the felection
is an argument of neceffity, it is not to be praftifed except in a
cafe of neceffity, which does not apply to a fituation admitting a latitude
o f choice. T h e argument of our doctors is, that the circum-
ftance of the flain goats exceeding the carrion in number is equivalent
•to neceffity, whence the eating of fome of them is lawful after a due
felection ;— in the fame manner as it is lawful to take and ufe articles
fold in a Mujfulman market, becaufe of the greater number of commodities
there exhibited béing lawful, notwithftanding a market be
not altogether free from certain prohibited articles, fuch as Jiolen or
ufurpedgoods, and the like; the ground o f which is, that as it is, not
always poffible to make a diftinftion with refpedt to [mall matters, a
regard to them is remitted, fince otherwife the bufinels of life could
not be carried on ; and accordingly, a fmall degree of dirt, or of
nakednefs, in prayer, is not of any moment. In a cafe, therefore,
where the number of llaughtered goats exceeds that of the carrion,
the
ing promifcuoufly
mixed with
WÊÊÊÊÊÊÊ/ & I