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The spell Aqueous Orb (APG) states: "Creatures within the orb MAY attempt a new Reflex save each round to escape into a random square adjacent to the aqueous orb."
The use of the word MAY implies a choice or perhaps an action to be taken. Is this true or should the wording be changed to "Creatures within the orb shall attempt a new Reflex save each round..."
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Well, even if you did have to make the save you can choose to fails saves voluntarily, so it's somewhat of a moot point.
that is not the point here. The point is does the words MAY ATTEMPT mean that a save is attempted with the use of an action. Very important, someone who is trapped can still take actions within the sphere (albeit very impaired).
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There is no general rule for consuming an action to make a saving throw. Unless otherwise stated (such as with Hold Person) attempting a saving throw when prompted consumes no action.
Yes, yes, yes, I get that. Why do they use the word "MAY"? Sorry, but this is the rules lawyer and military officer in me that find words and their use very important. The use of this word is very troubling and probably should be changed to shall (meaning something you must do; and, yes, I get that you can choose to fail a save, but that is after you have to attempt one. You just choose to fail the attempt.).
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I read it as - the person within the orb has the choice to escape and would propose they wrote 'may' to cover the possibility of someone wanting to stay within the orb.
Say, for instance, you're on the top floor of a burning building and want to scoop up allies, and yourself, and roll down off the balcony on to the burning ground floor and out the door - extinguishing fires as you go.
I know that's a very situational example but if you can breath water and minimize nonlethal damage - the orb could be a useful means of gaining cover or movement in situations where you may not have those options.