caufe a fimile may fometimes be introduced merely to exprefs unity \
wherefore indefinite comparifon is not to be taken in an amplifying
fenfe: but where the magnitude is mentioned, that undoubtedly is to
be conftrued amplification; and hence irreverfibility is eflablifhed.—
Again, Ziffer maintains that if the fubjedl of fimile be of fuch a nature
as conveys an idea of magnitude, the divbrce'is irreverfible, but other-
wife not,— Some commentators alledge that Mohammed coincides with
Haneefa on this point: others, that he agrees with Aboo Yoofaf.-r-'XVi
nature of thefe diverfities o f opinion is 'exemplified in a cafe where a
man fays to his wife “ you are under a divorce like a needle%eye,”
or “ like the Ji%e of a needle’ s eye,” or “ like a mountain,” or “ like
“ the Jize of a mountain;” for under the fir jl of thefe forms the divorce
is held to be irreverfible by Haneefa alone; under the fecond it
is fo with Haneefa and Aboo Yoofaf, and not with Ziffer ;i-ahd
under tide- third it is fo with Haneefa and Ziffer, and not with
Aboo Yoofaf; but under the fourth form it is irreverfible with
them all. ■
If a man ‘fay to his wife “ you are repudiated by a heavy divorce,”
or “ by a broad;” or “ by a long divorce,’ ’ one divorce irreverfible
takes place; becaufe a thing of which the reparation is impraBkaB'
is called heavy, and an irreverfible divorce is of this kind, inafmuch as
the reparation o f it is difficult; and with refpedt to thofe things of
which the reparation is difficult, it is common to fay “ they are xkwa
and broad.”— It is recorded from Aboo Yoofaf that the divorce thus
occafioned is reverfible, becaufe the defcriptions of difficulty, length,
or breadth, do not apply to divorce, and are therefore nugatory.—
And if the man ffiould, by any of thefe fentences, intend three divorces,
it is approved, becaufe feparation is divided into two kinds, the light
and heavy, fo that when the heavy (which is three divorces) is parti-
.eularly fpecified, it is held to be efficient.
•SEC TIOS*
S E C T I O N .
O f D ivorce before C o h a b it a t io n *.
W hen a man divorces a woman before cohabitation, by faying
to her “ you are divorced, thrice,” three divorces’ take place upon her,'
becaufe he has here given three5 colledtively; but if he pronounce the
three feparately, faying “ you.are divorced,— divorced,— divorced,”
one divorce irreverfible takes "place from the fir fl, but nothing from'
Hat fecond or third, becaufe each repetition of the word “ divorced" is a-
feparate execution of divorce; and the' firfl of them having already
rendered the- woman deci/lve/y and irreverfibly divorced, • it follows
that the fccond and third cannot take effedl upon her.— And it is the
fame where he fays, “ you are divorced once and again,” (where a
f | j e divorce takes place,) becaufe the woman becomes completely-
divorced by the firfl part of the fentence.
Three divorces
take
place upon
an unenjoyed
wife when
they are pronounced
together
t but
only the fir fi
when they
are pronounced
feparatem
If a man fay to his unenjoyed wife, “ you are divorced once,"
and the woman fhould happen to die before the word once he pronounced,
in this cafe divorce does not take place, becaufe he has here
affociated the number with the divorce, which consequently ought to
take plappaccordingly; but the woman dying before the number is
mentioned, no fubjedtr of divorce remainsat the time when it fhould
take place, and hence the execution of it is null: and fo alfo, where''
ne fays, “ you are divorced twice” or “ thrice
* Divorce pronounced upon a woman before cohabitation'is in all cafes complete and
irreverfible. An attention to this rule is neceffary to the underftandins; of feveral cafes in
this fe&ion. , , “ " , ■ ....... , '
H h I f