do adtually exift previous to the fale.— It is to be obferved on this oc-
cafion, that if the hufband, fpeaking in the fécond form, intend only
a fingle divorce, it is admitted with G od, as he may be allowed
to jiitend whatever conftrudtion "the words will bear, but it is,
not admitted with the magistrate, as being contrary to apparent cir-
çumftances.
' I f a man fay to his wife “ you are divorced once by twice,” intending
the multiple or multiplied produdt thereof, or not having any
particular intention, a fingle divorce reverfible takes place.— Ziffer
fays that two divorces take place, fuch being the number underftood
from this mode of fpeaking in arithmetic; and this opinion is:adopted
by Hdfn-B'm-Zeead.— But if, in fpeaking as above, he intend to fay
“ you are divorced once and twice,” three divorces take place accord,
ingly, becaufe this way of fpeaking is capable of that conftrudion,
the word fe e [by] has alfo [in the Arabic\ the fenfe of and: if, however,
the woman be unenjoyed, no more than one divorce takes place,
as in the cafe where a man fays to his unenjoyed wife “ you are divorced
once and twice;”— but if he intend to fay, “ you are divorced
once with twice,” three divorces take place, although fhe fhould be
unenjoyed;— and if he mean to exprefs himfelf in a fenfe which implies
that the one is contained in the other, as i f he were to fay,
“ you. are divorced once in twice,” one divorce takes place, the fuper-
add'ed words in twice being held to be redundant, becaufe divorce is incapable
of being a container * .
If a hufband fay to his wife “ you are divorced twice by twice f
intending the multiple, yet no more than two divorces take place.—
i ;}! 'i j
III!#
* The words in the original are <c Ante Taliktoon wahdetoon fee Sinnatinee,”
which is an indefinite or equivocal mode qf expreffion, as the word fee (among various
other fenfes) bears thofe of by, with-) or and, as well as i»*—'which accounts for the dif-
tinations here made,, and the latitude permitted.
With
With Ziffer three divorces take place, becaufe from this multiplying
mode of expreffion is to be underftoodyiwr divorces, and three confe-
quently take place, as being the greateft lawful number.
If a man fay to bis- wife, “ you are divorced from fhis place to
Syria,- a fingle divorce reverfible takes place.— Ziffer fays that it oc-
cafions a complete or irreverfible divorce, becaufe, where he thus
gives the divorce a defeription of length, it is the fame as i f he were to
fay, “ you are under a tong divorcé,” and if he wére to fay fo, a complete
divorce would take place, and confequenfly the fame in the pre.-
feut inftance.— Our dodors, on the other hand, alledge that the lenience
does not affix any defeription o f length to the divorce, hut rather
the reverfe, becaufe when divorce takes effeéï in any one place it does
fo in all.
If a man were to fay, “ you are' under divorce in Mecca,” divorce
takes place upon her immediately in every country ; and fo alfo
if he were to fay “ you are. divorced in this houfe,” becaufe divorce
I is riot reftrifted to any particular place ;— and i f he were to intend, by
thus fpeaking, that “ fhe ffiall become divorced i f ever fhe fhould enter
\ Mecca, or that houfe,” his declaration to this effeft is admitted with
God, but not with the Cawzee, as the tenor of his words apparently
contradibj: this couftru&ion.
If a man fay to his wife, “ you are under divorce When you enter
“ Mecca,” in this cafe no divorce takes place until fhe enter Mecca, he
haying fufpended the divorce upon that circumflance.— And if he fay,
I “ you are divorced in entering the houfe,” this means “ i f you enter
‘ the houfe,” becaufe the. containing.particle frequently Rands expref-
ive of a condition, and not being applicable here in its containing
! lenfe> it neceffarily affumes the meaning o f a condition.
Divorce, with
a reference to
place.
F f j S E C T I O N .