'M l
If a man fay to his unenjoyed wife, “ you are divorced onces
“ before once ” or “ once, and, after that, again ,” a tingle divorce
takes place; but i f he were to fay,. “ you are divorced once, and pre-
“ vious thereto once,” twadivorces take place; and fo alfo if he were
to fay “ you are divorced once after once.”— The proofs are all
drawn, in this cafe, from the Arabic idiom.— And if the man fay
“ you are divorced1 once with once,” or “ once along with once,”
two divorces take place, becaufe of the aflociating particle with,
which makes the fentence appear as of two divorces collectively.—
Aboo Yoofaf fays that,, under the fecond form, one divorce only takes
place: his proof is. drawn from the Arabic idiom.— In all thefe in-
flances it is to be remarked that two divorces would take place upon
an enjoyed wife.
If a man fay to his unenjoyed wife, “ i f you enter the houfe you
“ are divorced once and again,” , and fhe afterwards enter the houfe,
a fingle divorce only takes place upon her, according to Haneefa;
T h e two difciples fay that two divorces take place.— But if he were
to fay, “ you are divorced once and again, if you enter the houfe,
and fhe afterwards enter it, two divorces, take place upon her, according
to all.— And i f he declare the lame fentence, with a variation
in the conftrufHon of it, thus, “ you are divorced once,— and again
“ i f you enter the houfe,”— Koorokhee has faid that here alfo there is
a difference of opinion, one divorce only taking place with Haneefa,
and two with the two difciples;— Aboo Lays, however, obferves that
here one divorce only takes place, according to all the doctors, as
under this conflrudfion the laß member of the fentence is utterly dif-
tindf and feparate from the fir fi, and this is approved.
In impltii T he fecond kind of divorce, namely Taldk-Kindyat, or divorce
by implication, is where a man repudiates his wife (not in exprefi
terms
terms but) by the mention of fomething from which divorce is underflood;
and divorce does not take place from this but by intention or
circumfiantial proof , becaufe the implication is not ufed to exprefs divorce
alone, fince it may mean divorce, and alfo fomething elfe, and
hence intention or" circumfiantial proof are requifite to. determine the
conflrudfion in which it is to be taken.
T he compiler of the Heddya obferves that implication is o f two
binds.— The f i r s t is that from, which a fingle divorce reverfible
takes? place; and this.- confifls o f three forms o f words,— to wit,
“ Count!”— “ Seek the purification of your womb!”— “ You are
“ fingle!”— of the f i r s t , becaufe to count means enumeration, and
hence the word “ . count l ” bears two conflructions, one, “ count !
(the courfes that are incumbent upon y o u ;” ) and the other, “ count!
(the b'leffings of Almighty G o d ;” } and if the fpeaker intend the
firmer meaning, divorce is-the afeertained conflrudfion of the word,
in virtue of fuch his intention; and here the diyorce takes place, o f
neeefiity, from his having Aefired her to count her courfes; which
order is of no force except where he has divorced her, becaufe previ-
piisfto the divorce, fhe counting of her courfes was.not incumbent
upon her, -and hence it is the fame as if he had faid, “ you are divorced,
“ and count!” and afcithis neceffity is fufficiently anfwered by a reverfible.
divorce, a reverfible divorce accordingly takes . place: and of
the s e c o n d , becaufe “ feek the purification o f your womb I” may
either mean, “ fee that your womb be free from progeny,, in order to
“ your getting another hufband,” (fince this exprefsly appli&to the
fame thing as. is defigned by the preceding word, “ co u n tf and therefore
may, in the’prefent cafe, Hand inflead of it,) or it may mean,
“ fee that your womb be free from progeny, in order that I may di-
“ vorceyou;” and where fhe hufband intends the former meaning, a
divorce reverfible takes place, the fame as in the preceding cafe:—
and of the t h i r d , becaufe “ you are jingle!” may either, meaa,
“ you are repudiated by a fingle divorce,” (and where fuch is the int
i h 2 tention,
are three
forms which
effe<ä a re-
'verfible divorce.