ceafed in every fhape whatever,, fince it does not' continue even with
refpedl to E d it; and in the fame manner, when a wife* becomes
pofleflor of her hufband, either wholly or in part, if the latter were to-
divorce her, his divorce does not take effedl, becaufe in this cafe alio
the marriage has ceafed,.for the reafons before affxgne&j^-Mahammed.
fays that in the latter cafe divorce holds good, becaufe the woman is,
, enjoined an E d it, and hence the marriage continues in one fhape: contrary
to a cafe where the hufband purchafes his wife, for then the marriage
totally ceafes,. becaufe file is not under any obligation of Edit.
with refpedl to her hufband, who is now her proprietor, and has a
right to continue carnal cohabitation with her in that capacity.
The divorce
o f a wife
(being a
flave,) when
fufpended
upon the
emancipation
of her owner,
takes place
upon the occurrence
of
the condition.
I f a man marry the female flave of another, and fay to her, “ you
“ are divorced twice upon the manumiffion of your owner,” and her
owner afterwards emancipate her, the divorce takes place ; but it.is
flill in the hufband’s power to reverfe it, becaufe he has.;fufpended: the
divorce upon the manumiffion of the mailer, and that is the condition
of it, (as a condition is a thing not exifling at prefent, but the occurrence
of which is probable, and in this cafe adlually takes place on
manumiffion, wherefore that is the condition, and divorce is fufpended
upon it;) and divorce taking place after the occurrence of the
condition, it follows that it takes place upon her as a free woman, and
hence fhe is not, by two divorces, rendered prohibited * by a rigorous
prohibition.
If the perfon in queflion were to fay to the female flave, his wife,
“ when to-morrow arrives you are under two divorces,” and her
owner were to fay, “ when to-morrow arrives you are free,” in this
cafe it is not lawful for the hufband to marry her again, until fuch
* Three divorces being the utmoft number to a free woman, and two to a flave, it
follows that if two divorces take place upon a woman as a J la v e fhe becomes irreverfiby
divorced. (See Chap. I. )
time
time as fhe has been married to another man, and repudiated by him,
and her Edit (which is three terms of her courfes) has elapfed.— This
is the dodtrine of the two Elders.— Mohammed fays that the hufband
is at liberty to reverfe the divorce, fince the execution of the divorce
is connedted with the mailer’s manumiffion, becaufe the hufband has
fufpended his repudiation upon the fame circumflance. on which the
mailer has fufpended his manumiffion; hence the repudiation is (as it
were) aflociated with the emancipation; and freedom being alfo aflo-
ciated with the emancipation, it follows that the execution of divorce
is, of courfe, aflociated with freedom, and the divorce takes place upon
the flave after freedom, (whence it is that the Edit of the woman here
treated of is fixed at three terms of her courfes, whereas, if fhe were a
\ Jlave, herEi/iCwould hetwo terms only,) and fuch being the cafe, rever-
fal is approved, in this, as well as in the preceding, example. T h e argument
of the two Elders is that the hufband has -fufpended divorce
on the fame circumflance upon which the mailer has fufpended
freedom; and as that takes place upon the woman whilfl fhe is yet a
flave, fo does divorce likewife ; now the Have becomes forbidden, [in
marriage to her hufband,] in confequence of two divorces, by the rigorous
prohibition, wherefore reverfal is not approved ; nor does it be-
1 cbme lawful to him to marry her till fuch time as fhe fhall have been
I poflefled by another hufband; but this reafon does not apply to the
I Edif, fince that is a matter of caution, which is evident from fixing its
I duration to three terms o f the courfes, fo as that the complete fulfilment
of it may be indubitable: and with refpedt to what Mohammed lays,
that, “ as repudiation is connected with freedom, divorce takes placp
“ after freedom,” it is of no weight, becaufe, if freedom be connedted
with manumiffion, on account of the one being the caufe of the other,
and if the repudiation and manumiffion be aflociated together in fuch, a
manner that repudiation and freedom muft take place at the fame time,
we reply that divorce is alfo aflociated with repudiation, on account
of the latter being the caufe of the former 5 whence it follows, that
freedom is aflociated with divorce, and not that divorce takes place
fubfequent to freedom.
G g 2 SECTION.