il irreverfiblyj” or “ to a certainty f another divorce, two divorces irreverfible
take place, as thefe expreflions ar.e -of themfelves capable of
■ effedting divorce.
If a hufband fay to liis wife '“ you are under a -moft enormous di-
“ vorce,” a divorce irreverfible takes place, becaufe divorce is thus
defcribed only with a view to its effedt in the immediate difl'olution of
the marriage, and hence the defcription of it by enormity is the fame
as by irreverjibility. And it is the fame'if he were to fay, “ A mo/l
■ S‘ bafe divorce,” or | ‘ the worji kind of d iv o r c e a n d fo alfo, if he were
to fay, “ a diabolical divorce,” or “ an irregular divorcer” becaufe
reverfible divorce is reftrided to thofe of the regular defcription, [or
Taldk-al-Sonna,~\ and confequently all others are of an irreverfible nature.—
It is recorded as an opinion of Aboo Yoofaf, that, where the
"hufband fays “ an irregular divorce,*’ a divorce irreverfible does net
follow, unlefs fuch be the intention, becaufe irregularity [Biddat] ill
divorce is of two kinds,— one originating in the circumftance under
which divorce is executed, (as where it is pronounced upon the wife
during her courfes,)— the other, in the nature of the fentenee, (as
where the hufband pronounces the divorce irreverfible in diredt terms,)
and hence it is indifpenfably requifite that the intention be regarded.1
I f is alfo recorded as an opinion of Mohammed, that from the ufe of
the defcriptions irregular or diabolical a divorce reverfible takes place,
as divorce may be thus defcribed, not with any view to irreverjibility,
but merely to the irregularity of the circumftanees under which it is
pronounced, (as where it is pronounced upon the woman during her
courfes;) and hence the divorce is not irreverfible, unlefs fuch be the
intention.
If a man fay to his wife “ you are under a divorce like a mountain,”
a divorce irreverfible takes place, according to HaneefapeA
Mohamrned.— Aboo Yoofaf holds that the divorce is reverfible, becaufe
a mountain is a fingle thing, and hence the comparifon of divorce with
a mountain
Chat. II. D I V O R C E.
a mountain gives the former a defcription of unity.— The argument of
the other two fages is, that fimile, in divorce, is always ufed in an
amplifying fenfe; and amplification implies- irreverjibility; whence a
divorce irreverfible is the effedt.
If a man fay- to his wife “ you are under a moft vehement divorce,”
or “ you are divorced-like a thoufand,” or “ a houfeful,— one divorce
irreverfible takes place, unlefs his intention be three divorces, in
; which cafe three take place accordingly.— The divorce is irreverfible
ffom the firfl of thefe forms, becaufe it is there mentioned under a
defcription o f vehemence, which occafions irreverfibility, as applying
fomething in its nature decifive, and incapable of recall,— whereas, di-
I vorce reverfible is capable of recall, and therefore the defcription of
I vehement does not apply to i t ; and it is irreverfible from the fecond
I form, becaufe. this- fimile fometimes exprefles fo r c e ,, and fometimes
I number,., (as it is faid, for inftance, that fuch a man is like a thoufand,
—by which it is to be underflood that he is pofTeffed of uncommon
\jirengthf) and hence the intention applies with equal propriety to
either fenfe; and where no intention .exifts, the leaf! extenfive mean-
I ing of the two is adopted, to w i t ,. one divorce irreverfible-,— and from
1 the third form, becaufe a houfe may be filled either by the magnitude
I of its contents, or by the number, and hence the intention applies with
equal propriety to either circumftance ; and where .no Intention exifts
the leaf! extenfive fenfe is adopted,.as above..
It is a rule, with Haneefa, that whenever divorce is thus pro- Divorce
nn*o unced w.ith. a. fim. i.le, . it. p.rod uces a divorce irreverfible,. whatever the nwohuenncePdr °w-.ith
hig may be with which it is compared, and whether the magnitude |||||||1 isal-
of that thing be mentioned or not; it having been before remarked
that fimile in divorce is always ufed in an amplifying fenfe; and amplification
implies irreverfibility. Aboo Yoofaf, on the other hand,
holds, that if the magnitude of the fubjedt of fimile be mentioned, the
divorce is irreverfible, but not otherwife, whatever that may be, be-
3 caufe