thing effential, but merely becaufe a divorce ,given during the courfes
occafions a protradtion o f the Edit.— This kind of difapproval, or interdict,
is termed Nihee-le-ghirehee * , and does not forbid legality
whence a divorce given during the courfes is valid; but yet it is laudable
that the hufband reverie it, as it is recorded that the Ion of Omar
having divorced his wife during her courfes, the prophet defired
Omar to command his fon to take her back again; which tradition
lhews that divorce during the courfes is valid, but that reverlal is ki
this cafe laudable. This doct rine of the laudabihty of reverlal is main-,
tained by many o f our modern doftors ; but it is certain that, in this
cafe, reverlal is not only laudable, but incumbent, for three realbns;
f ir s t , in the tradition above quoted, the prophet delires Omar pofitively
“ to command his fon,” and command is always injundlive-,_-
secondly, the pronouncing of divorce during the courfes is an offence,
which it is incumbent upon a man to expiate by every means
within his powers and this may be effected, in the prelent inltance,
by doing away its,confequence, namely, the E d it-,— th ir d l y , the
protraction of .the Edit is injurious to the woman, wherefore reverfal
is incumbent, in order that Ihe may not be fubjeCted to injury:_thus
it is indifpenfably incumbent upon the hulband to reverfe the divorce,
when given during the courfes; after which, when Ihe has become
purified from her courfes, and has again had them, he may then
either divorce her on the commencement of her fecond fucceeding
Eohr, or fuffer her to remain. The compiler of the Hed&ya obferves
that this laft is what is laid in the Mabjoot. I'cbdvee has laid that, if
the hulband chufe, he may regularly divorce his wife on the commencement
of the Eohr immediately fucceeding the courfes in which
he had given divorce, and reverfed it, as above. Koorokhee fays that
what is thus mentioned by Eehavec is the dodrine of Haneefa. That
which is taken from the Mabfaot is the opinion of the two difciples;
and the ground of it is that the regularity ,of divorce -depends upon the
intervention of a complete menfl:ryal difcharge between every two
* This may-be rendered prohibition for another reafon,
fentences;
fentences.; and the-firff of thefe is defective, on account o f divorce
having been pronounced in'the middle of it, fo that as part-had previ-
oufly elapfed, whence it would appear neceflary to complete it from
the next following r e tu rn b u t it is not lawful to have regard to one
part only of the courfes, and not to the other; consequently, regard
mult be had 'to the next -returning courfes in toto.— The ground of
Eehavee s opinion is- that the divorce, with its effedts, having been
annulled entirely by the reverlal, it is the lame as if no divorce whatever
had taken place during -the woman’s courfes; and hence it is
perfectly regular to pronounce divorce in the Eohr .next immediately
Succeeding.
I f a man were to addrefs his wife, faying “ You are divorced
thrice, according to the Sonna,” — and he have no particular intention
in fo doing, then, fuppofing the wife to -be -one with whom he
has had carnal connexion, and alfo fubjeft to the courfes, Ihe becomes
once divorced in that and each of the two fucceeding Eohrs: and if
the hulband intended, in-fo faying, either that three divorces Ihould
take place colleftively upon theinftant, or, that aftngle divorce Ihould
take effect at the end of each fucceeding month, the divorce, in each
mftance, takes effect according to his intention, whether Ihe be in her
oourles or her Eohr at the period of its thus taking, effedt upon her..
—And if Ihe be one whofe Edit k calculated by months, (fuch as a
woman, for inlkmce, whofe courfes are ftopt through age,) and the
hulband have no particular intention in thus addreffi-ng her; in this
cafe a fingle divorce takes effedt upon the inftant, another at the expiration
o f a month, and a third at the expiration of the next fucceeding
month; becaufe the term of a month correfponds, in fuch an one,
with the Eohr of a woman who is fubjedt to the courfes, as was
formerly obferved; or, if he intended that three divorces Ihould take
place colledtively upon the inftant, the three take place accordingly,
in the manner already Hated. But i f the hulband were only to fay*
V.ol. I. -^E Ce H*6 y OiU