Points to be
attended to
in adhering
to the Sonna
divorce.
once, whereas there is an excufe for giving three divorces feparately
in three Tohrs, as this exhibits repeated-proofs o f the urgency of it:—
and with refpedt to what Shafei advances, that “ the legality of
“ divorce prevents any idea o f danger being annexed to it,” wa
anfwer, that the legality o f divorce, in one refpeft, (that is to fay,
inafmuchas it is a de/iroyer of fubjediion,') does not admit the idea of
its being dangerous, but that, in another relpedt, (to wit, its occa-*
fioning the diflolution of marriage, which involves concerns both.of a
fpiritual and temporal nature,)-it muft be confideredas attended with,
danger.
T he pronouncing of two divorces within one I ’ohr comes under
the defcription of Bidddt, or irregular, the feme-as that of three di*
vorces, as already intimated..
A q u e s t i o n has arifen among the learned, whether the pronourP
cing of a Angle divorce irreverfible within one I ’ohr be of the defcription
of Bidddt or not?— Mohammed,• in the Mabfoot', has laid,—
“ Whoever gives an irreverfible divorce, although it be- within the
“ I ’ohr, forfakes the Sonna, as there is no urgent neceflity for fucha
“ fentence to effedt releafe from the wife, fince by the lapfe of the
“ Edit that endris obtained;** but again, in the Z'eeadai, he feys-that
this method is not to be reprobated, on account of the occalioiul
urgency o f immediate ■ releafe, which by an irreverfible divorce
is obtained, it not- being-then fufpended-upon- the lapfe- of the
Edit.
Sonna, [that is, attention to the mode prefcribed by the Sonna.]
in divorce, appears in two fhapes, adherence to number, and to time1,
— to the former, by reftridting the fentence to that of a tingle divorce
reverfible, in which the enjoyed and the unenjoyed wifeare the feme;—
and to the latter, (in which the enjoyed wife is folely eonfidered,) by
pronouncing the divorce in- a Eohr during which the hufband has not
had
had carnal connexion with her;— becaufe it is the proof o f urgency
that is regarded; and the adt of proceeding to a divorce at a time when
the defire of coition- with the woman is frefh renewed,, (as at the
recommencement of her I'ohr,') is the beft proof of fuch urgency; for
during the adtual time of the courfes the woman is not an objedt of
defire, and in a I ’ohr where Ihe has been enjoyed defire is leflened
towards her.— With refpedt to an unenjoyed wife, the Tohr and the
I courfes are equal,— that is to-fey,- the pronouncing of divorce upon
her whilft Ihe is-in the latter fituation is not irregular, nor reprobated,
[anymore than whilft in-the former. This is contrary to the opinion
I of Ziffer, he confidering an unenjoyed wife in the fame point o f view
I as one enjoyed:— but our dodtors obferve that the defire of coition,
I with relpedt to an unenjoyed woman, is ever frefh, and is not leflened
I by the circumftance of her courfes, fo long as the hufband’s objedt,
(namely, coition,) remains unobtained; whereas,, with relpedt to an
| enjoyed wife, defire is renewed upon the I ’ohr.
Ip the wife be a perfon who, from extreme- youth or age, is not
I fubjedt to the courfes, and her hufband be defirous to repudiate her by
three divorces in the regular way, he is firft to pronounce a Angle
fentence of divorce upon her, and at the expiration of one month
I another, and in like manner a third at the expiration of the next fuc-
ceeding month; becaufe the term of one month correfponds with a
return of the courfes * as is mentioned in the K o r a n -— It is hereto
be obferved that if the firft divorce be given-in the beginning of the
month, the three months from that period are to be counted by the
lunar calendar, and if in the middle of it, by the number of days,
with refpedt both to the completion of divorce and o f the Edit.— This
is the rule with Haneefa.— The two difciples maintain that the fecond
and third months are to be invariably counted by the lunar calendar;
the deficiency of-the firft month to be taken from the fourth fucceedi
mg month, fo-as to complete it. And it is alfo to-be obferved that
itis-law-ful for the hufband to divorce this wife immediately after carnal
Mode o f ad *
here nee to
'the Sonna in
repudiating a
wife not fub-
je tt to the
courfes $ -