HKB
not make it a difficulty unto you; that ye may fulfil the number of days, and glorify GOD, for that he hath directed you, and that ye may give thanks.
g This is not to be strictly taken; for according to the Sonna, a man also is to be put to death for the murder of a woman. Regard is also to be had to difference in religion, so that a Mohammedan, though a slave, is not to be put to death for an infidel, though a freeman.1 But the civil magistrates do not think themselves always obliged to conform to this last determination of the Sonna. h This is the common practice in Mohammedan countries, particularly in Persia,2 where the relations of the deceased may take their choice, either to have the murderer put into their hands to be put to death, or else to accept of a pecuniary satisfaction. i That is, the legacy was not to exceed a third part of the testator's substance, nor to be given where there was no necessity. But this injunction is abrogated by the law concerning inheritances. k The expositors differ much about the meaning of this passage, thinking it very improbable that people should be left entirely at liberty either to fast or not, on compounding for it in this manner. Jallalo'ddin, therefore, supposes the negative particle not to be understood, and that this is allowed only to those who are not able to fast, by reason of age or dangerous sickness; whether they would fast or maintain a poor man, which liberty was soon after taken away, and this passage abrogated by the following, Therefore let him who shall be present in this month, fast the same month. Yet this abrogation, he says, does not extend to women with child or that give suck, lest the infant suffer. Al Zamakhshari, having first given an explanation of Ebn Abbâs, who, by a different interpretation of the Arabic word Yotikûnaho, which signifies can or are able to fast, renders it, Those who find great difficulty therein, &c., adds an exposition of his own, by supposing something to be understood, according to which the sense will be, Those who can fast and yet have a legal excuse to break it, must redeem it, &c. l According to the usual quantity which a man eats in a day and the custom of the country.3 m See the Prelim. Disc. Sect. IV. n i.e., At home, and not in a strange country, where the fact cannot be performed, or on a journey.
1 Jallalo'ddin. 2 Vide Chardin Voyage de Perse, t. ii. p. 299, &c. 3 Jallalo'ddin.