Article 21. Necessity renders
prohibited things permissible.
Article 22. Necessity is
estimated by the extent thereof.
Article 23. A thing which
is permissible by reason of the existence
of some excuse therefore, ceases to be permissible
with the disappearance of that excuse.
Article 24. When a prohibition
is removed, the thing to which such prohibition
attaches reverts to its former status of
legality.
Article 25. An injury cannot
be removed by the commission of a similar
injury.
Article 26. A private injury
is tolerated in order to ward off a public
injury. The prohibition from practice of
an incompetent physician is derived from
this principle.
Article 27. Severe injury
is removed by lesser injury.
Article 28. In the presence
of two evils, the greater is avoided by
the commission of the lesser.
Article 29. The lesser
of two evils is preferred.
Article 30. Repelling an evil is preferable
to securing a benefit.
Article 31. Injury is removed as far as
possible.
Article 32. Any want, whether of a public
or private nature, is so dealt with as to
meet the exigencies of the case. The validity
of sale subject to a right of redemption
is of this nature. The inhabitants of Bokhara
having fallen badly into debt, this procedure
was put into operation in order to meet
the exigencies of the case.
Article 33. Necessity does
not invalidate the right of another. Consequently,
if a hungry person eats bread belonging
to another, such person must later pay the
value thereof.
Article 34. A thing which
may not be taken may also not be given.
Article 35. It is forbidden
to request the performance of a prohibited
act.
Article 36. Custom is an
arbitrator; that is to say, custom, whether
public or private, may be invoked to justify
the giving of judgment.
Article 37. Public usage
is conclusive evidence and action must be
taken in accordance therewith.
Article 38. A thing which
it is customary to regard as impossible
is considered to be impossible in fact.
Article 39. It is an accepted
tact that the terms of law vary with the
change in the times.
Article 40. In the presence
of custom no regard is paid to the literal
meaning of a thing.