purity * ,) during which he has not had carnal! connexion with her,,
and then leaves her to the obfervance of her Edit, or preferibed term
of probation. This mode of divorce is termed the. moji laudable',, for
two- reafons;— f ir s t ,, becaufe the companions of the prophet chiefly
efteemed thole who- gave no more than one divorce until the expiration
of the E d it, as holding this to be a rnbre excellent method than,
that of giving three divorces,, by repeating the fentence on each of the
two fucceedrng E e h r s— secondly, becaufe in.purfuing this method,
the hulband leaves it flill in his power,, without any fhamej tb recover
his wife, i f he be fo inclined, by a reverlal' of the divorce during,
her E d it: this method is, moreover,.the leaft, injurious-to the woman,
as Ihe thus remains a lawful fubjeft of marriage to her hulband, even,
after the expiration of her E d it-f, which leaves a latitude in her favour
unreprobated by any of the learned.
T h e Ealdk Hoofn, or laudable divorce, is where a hulband repudiates
an enjoyed wife by three-fentences of divorce,, in three SBfe*-
Imdm Mdlik aflerts that this methods claffeS; with the Bidddt', or irregular,
and that no more than one divorce is admitted, as unexceptionable,
becaufe, as being in.itfelf a dangerous and difapproved procedure,
it is only the urgency of releafe from an unfuitable woman that* can*
give a landtion to divorce; and this- urgency is fully anfw-ered by a
lingle Eohr.— The arguments of our doftors; on this topic are twofold;
f ir st , a precept of the* prophet delivered to Ebn Amir, “ One thini
required by the S o n n a is-that ye w aitfor the- T o iir, a n d pronounce
“ a divorce in c a c h -E o n ti— secondly, the propriety of ■ a divorce
re Its merely upon the proof of. the. urgency, and not upon theeftablilh*
ment of the affual urgency itfelf,. that being a matter concealed and
unalcertainable [but by virtual proof,] and the aft of proceeding to
* Meaning the fpace which intervenes between the menflrual fluxes,
y.. Contrary to any other mocle o f divorce, as a wife repudiated in any other way ctnnt
be again married to her firft hufband, unlefs {he be previoufly married to, and divorced )
another man. divorce
divorce at a time when the defire o f coition with the woman is frelh
renewed, (to wit, at the-Tecommencement o f her Itohr,') is a proof of
the urgency:; and the repetition-of divorce at the two fubfequent returns
of the Eohr amounts to no- more than a repetition o f the proof,
and is therefore allowed of.-— Some o f the learned have faid that, in
this fpeeies o f divorce, it is moft advifeable that the hulband delay
pronouncing the find: fentence of it until towards the termination of
the Eohr, fo as that the Edit may not be too much protracted; b u lk
is evident that the hulband Ihould rather pronqunce the divorce at the
Y-emmencetnent of the d’ohr, becaufe, if he were to delay it, be might
probably be tempted to have carnal connexion with the woman in the
•interim, under an intention o f divorcing her, and then divorce her
after fuch carnal connexion, which is forbidden.
T he %alak Bidddt, or irregular divorce, is where a hulband repudiates
his wife by three divorces at once,-—(that is, included in one
I lentence,)— or, where he repeats-the fentence feparately, thrice .within
I one Eohr; and i f a ''hulband give three divorces in ekher o f thofe
I ways, the. three hold good, but, yet the divorcer is an offender again ft
I the law.
SHAFEi'has faid'that all thefe three deferiptions o f divorce are
I equally unexceptionable and legal, becaule divorce is in itfelf a lawful
I -act, whence it is that certain laws have been inftituted refpecting i t ;
I and this legality prevents any idea of danger being annexed to i t :
I -moreover, divorce is not prohibited, even during- the woman’s courfes,
I the prohibition there applying to the protraftion of the Edit, and not
[ to divorce-.— Our dodtors,- on the other hand, lay that divorce is in
I itlelf a dangerous and difapproved procedure, as it diffolves marriage,
I an lnftitution which involves many circumftanees as well o f a temporal
| ■ as of a. Spiritual nature.; nor is its propriety at. all admitted, but on the
ground of urgency of releafe from an unfuitable wife; and there is ho
occafion, in -order to procure this releafe, to give three divorces-at
D d 2 once,
-ST2Îâk Biddâtf,