his child,) fo that he does not, in this cafe, appear to be bail in his
own behalf.
may°refift A woman may refufe to admit her hufband, to a carnal connexion
tonfumma- until the receive her dower of him, fo as that her right may be main-
h?'pa’idthe8 tained to the return, in the fame manner as that of her hufband to the
porT^orter for which the retUrn is given> aS in f aledower,
A woman is alfo at liberty to refift her hutband carrying her
upon a journey until the thall have received her dower of him, for the
fame reatbn.
O n the other hand, the hutband has no power to retlrain his wife
from going on a journey, or from going abroad, or vifiting her
friends, until fuch time as he thall have difcharged the whole of the
Mihr Moajil, or prompt dower, becaufe a hutband’s right to confine
his wife at home is folely for the fake of feCuring to himfelf the enjoyment
of her perfon, and his right to fuch enjoyment does riot exift
until after the payment of the return for it.
uniefs the W h a t is here advanced proceeds upon a fuppofition of the whole
\xdefiratu. dower, or a certain portion of it, being Moajtl, or promptr, but if thl
whole be Mowjil, or deferred*, the woman is not at liberty to' refufe
the embraces of her hufband, as fhe has dropped her right by agreeing
to make her dower Mowjil,— the fame as in a cafe of fale, where, if the
price of the article fold be made deferable, fhe feller is not at liberty
to detain the article fold on account of the price.— Aboo Toofaf controverts
the doctrine which is here advanced, and maintains that, in
this cafe alfo, the wife is at liberty to refufe to admit her hufband to
carnal connexion, as long as he omits to make payment of the dower.
and (he may — it is further to be obferved, that even if the hufband fhould have
alfo refill a
* That is to fay, if the ftipulation fixes the payment of the dower at fome future
period, as a year, or fo forth.
committed
C h a p . IH. M A R R I A G E.
committed the carnal aft, or fhould have been in complete retirement
with the wife, yet- the rule is the fame; that is to fay, fhe is ftill at
liberty to refufe to admit him to carnal connexion, or to refill his
carrying her upon a journey, until fuch time1 as fhe fhall have received
the whole of her prompt dower from him.— This is the doctrine
of Haneefa.— The two difciples, on the contrary, allege that
the woman, in this cafe, has no fuch liberty of refufal or refiftance.
_It is to be remarked, however, that this difference of opinion fubfifts
only where the original carnal aft, or complete retirement, has
taken place with the woman's confent; but if fhe have been enjoyed
b y force, or i f fhe be an infant or an idiot, her right of refufal or
refiflance, as above, does not ceafe, according to the united opinion
of all our doctors.-—It is proper to obferve, that where the woman
refufesyto admit the hufband to a repetition of the carnal aft, as above
fiated, yet fhe has, neverthelefs, (according to Haneefa, ) a claim to
herfubffence, as her refufal does not, in this cafe, proceed from any
jiubbornnefs or difobedience, fince it is not exerted in reft'fiance."to a
right, but rather in maintenance of one.— The two difciples hold that
fhe is not entitled to any fubfiflence;— and their argument on this
occafion is, that the foie object of the contract has been duly delivered
to the hufband, either by the fingle carnal act, or by the fingle complete
retirement, as. aforefaid ; on which account it is that her right
to her whole dower is confirmed and eftablifhed, and confequently no
right of further detention of her. perfon remains with her; as in a
cafe of fale, where the feller having delivered the article fold to the
purchafer, before receiving the price, has no farther right over it.—
Haneefa, on the other hand, reafons that the woman in refilling re-
fufes and withholds a thing which fhe has oppofed to a return, . and
over which fhe has, of courfe, a right of detention, until fuch return
fhall have been duly made to .her: and with relpedt to what the two
difciples allege, that “ her right to her whole dower is confirmed
‘ and eftablifhed by the fingle carnal aft, and fo forth,”— it may be
replied, that the whole becomes confirmed to her by a fingle commiffion
repetition of
the connexion,
after
confumma-
tion, in the
like circum-
flances;
but (he is,
notwithftand-
ing, entitled
to her fub-
fiftence.