I t is recorded, from Aboo Toofaf, that if a hulband fay to his
wife “ your bufinefs is in your own hands for this day, and the
“ fame for to-morrow," this amounts'to two liberties,, becaufe:
here the delegation applies to two portions o f time, diltinftly and
feparately exprefled: contrary to the preceding cafe, where the times
are not thu.s difcriminated, but are both mentioned under one
head.
The 6me of I f a man lay to his- wife ct your bufinefs is in your o-wn hands on
fixedToAhe “ ^le day on which fuch an one arrives,” and the perfon men-
any“fpedfiedf tioned arrive> but his arrival be not known to the wife until night,
event.- her right of choice no longer remains, becaufe liberty is a thing,
of continuance, and hence the word day, with which it is aflb-
ciated, is reltfifted to the day time, and that having palled away, it
dilcontinues.
It is not an- If a man lay to his wife “ your bufinefs is in your own hands ~
/n°,e(wherc or “ choofe!” and Ihe delay anfwering the whole day, and do not
fpecffication ^rom ^er feat, her right df option remains to her fo long £s- Ihe
of time,) nor does not employ herfelf in any other matter, becaufe a delegation of
rife's frcnnher divorce by the forms of liberty or option is a transfer o f power to exe-
feat,&c. Cute divorce, (that is, the hulband by that delegation empowers
his wife to give divorce, as perfons. are termed empowered who-
, aft for themfelves, and the aft of the woman here is pronouncing'divorce
upon herfelf, wherefore this property is fuppofed to relide in. her,)—
and in transfer o f power a privilege of reply continues to the- end of
the fituation of declaration, as.has been demonllrated in the. beo-inning,
of this chapter. And if the woman. hear the declaration, refpeft is
had to the fituation in which (he hears i t ; but if Ihe lhould not hear
it, refpeft is, in that cafe, had to the fituation in which Ihe is informed
of it, becaufe, although Alim" - b ft- i'ed, or liberty, be a transfer
of power to execute divorce, yet the property of fufpenfion is alfo
allowed to exill in it,, as it is a fufpenfon of the event of divorce upon
the
I the aft of the wife in pronouncing it,' and hence it comprehends two
I things, a transfer o f power, and a fufpenfon;— in the fenfe of a fu f-
I penfion, it continues in force beyond the Majlis, or continuance of the
I fituation of declaration, to the Majlis or fituation in which the woman
I underftands or is informed of it, where (he is abfent, or in the lenle
I of a transfer o f power, it is annulled, on her riling from her leaf,
■ where Ihe is prejent; but the fituation of the hulband is not regarded,
■ becaufe the fufpenfion is abfolute with refpeft to him: contrary to a
I cafe offale, as in that the declaration of fale does not remain in force
I beyond the Majlis of declaration, fince in a lale the Majlis or
■ fituation of the feller is regarded as well as .that of the purchafery
I and the retraftion of the feller, at any time previous to the confent of
I the purchafer, is admitted, as fa le is merely a transfer ofproperty, in
I which fulpenlion is not at all underllood; now fince it appears- thcr
I the fituation o f the wife alone is, regarded, and net that o f her huf-
■ band, we muft recolleft that her fituation may be altered in various
■ ways, fometimes by removal from one place to another, and fome-
■ times by her employing herfelf in any other matter, as was previoully
I dated.
T he option of a woman who is left at liberty to choofe is annulled
■ 0ti the inftant of her riling from her feat, as this aft proves rejection,
I becaufe by getting up the attention is deranged and withdrawn from
■ tji|| prefent fubjeft: contrary to a cafe where Ihe delays anfwering for
l| a whole day, for inftance, and does not rife from, her feat, nor'em-
II ploy herfelf in any thing elfe; for here her option remains to her, as-
H a Majlis or fituation is fometimes of a Jhort and fometimes of a long,
■ duration, wherefore her right of option continues until fuch time as
■ fomethin-g appears fufficient to terminate the Majlis, or to prove rejec-
■ Hon.— And here it is to be obferved, that by employing herfelf in any
I ^ng elfe is to be underllood fuch a thing as is, in its nature,, termina-
I five of her ftuation, and not any general thing..
but-it is annulled
on the
inftant of her
riling fro.m
her feat.
I f