A B O 104 M I N A T I O N S . B o o k X L IV .
o f iucli defire. Now the mere power of committing the carnal adl is
an argument of the defire for 1 uch adl; and as this power is eflablifhed
only by property and pofl’efiion, it follows that property and pofleffion
are the occafions of this obligation of abftinence.— This law, therefore,
extends to a right of property, in all its different modes of being
acquired, luch as by purchal'e, donation, legacy, inheritance, covenants,
&c. whence it is that this abftinence is enjoined upon a perfon,
who buys a female Have, either from an infant, or a woman, or from
a Have licenced to trade*, or from a perfon who is by law prohibited
from having any carnal connexion with her. In the fame manner,
alfo, this abftinence is incumbent where a perfon buys a female Have
who is a virgin ■; for the law proceeds according to the proof of the
caufe which prompted it, and not according to the proof of the propriety
or expediency, as thefe relate to what is internal and unknown.
In the pur- If a perfon purchafe a female (lave during her menftruation, no
mnjirmm fe- regard is, paid to this menftruation with refpedt to determining the ab-
maie Have, ftinence+. In the fame manner, alfo, no regard is paid to a menthe
purchaier . . . '• , . 9 r
mult wait for firuation which occurs between the time of taking pofTeffion and thé
pieteTerm.111" t'me the right o f property being eflablifhed, by purchafe, or the
like;— and fo like wife, regard is not paid to the delivery of a female
Have between the eftablifhment of a right of property in her, and the
adl of taking pofleffion,— (contrary, however, to the opinion of Aboo
^ 00f af -)— T h e reafon of this is, that the occurrence of right of property
and pofTeffion is the caufe of purification being required; and the
obligation of obferving the purification is an effect of property and pof-
feffion; and the effect cannot take place before the occurrence of the
caufe. T h e fame rule holds with regard to fuch menflruous purga-
* T h e flave licenced to trade is, in this cafe, fuppofed to have been prohibited from c o habiting
with the flave, as the goods he fells or purchafes are prefumed to be the property
o f another, namely, his mafter.
f A rab. Fee babal IJiibra; (literally) <c in point o f purification,” - —meaning that purl-,
fication requifite to determine the abftinence imppfed on the purchaser o f a female flave.
tions,
105 B o o k X L IV . A B O M I N A T I O N S ,
tions as may happen previous to the procuring of fandtion, in the cafe
of an unauthorized fale of a female flave, notwithftanding the pur-
chafer may be feized of her;— and fo likewife, where thecourfes happen
after the feizin in the cafe o f an illegal contradl of fale, and before
the flave is purchafed by a valid contradt; for in none of all thefe cafes
do the prefent courfes determine the abftinence.
A bstinence is requifite in the cafe of a fartnerjhip female flave,
where one of two partners purchafes the other’s fhare; for here the
caufe is complete, and upon the completion of the caufe the effedt
takes place.
I f a perfon purchafe a Magian female Have, or receive her in donation,
and fhe, after his taking pofleffion of her, have her Courfes,
and then become a Mujlima,— or, i f a perfon purchafe a female flave,
and make her a Mokatiba, and fhe, after his taking pofleffion o f her,
having voided her courfes, prove Unable to difcharge her ranfom,
_fuch courfes are fufficient to eftablifh tlie requifite purification, in
either o f thefe cafes, as having happened after the occurrence of the
caufe for waiting, namely, right of property and pofleffion.
In cafes where a female Have, having eloped, returns to her mafter,—
or, having been taken away, or hired out, is reftored,— or,
having been pawned, is redeemed,— abftinence is not requifite, for the
caufe o f it (namely, the acquifition o f property and pofleffion) does
not exift in either inftance.
In every cafe where abftinence is enjoined, and carnal connexion
prohibited, all forts o f allurements and dalliance, fuch as kiffing and
hugging, are likewife prohibited^ as thefe lead to the cornmiffion of
unlawful adts. Add to this, the poffibility of their being committed
on the property of another, as may happen i f the flave prove with
V ol. IV. P child
A perfon pur-
chaflng his
partner’s
fliare in a female
flave
mu ft wait until
her next
purification.
Other rules
to beobferved
refpefting female
flaves.
Where the
carnal aft is
unlawful, all
incentivet to
it are prohibited.