It is not annulled
by a
change of
pollure from
a mere aSi-ve
to a mere
quiefcent pofi-
tion,.
A wife may
fignify her
wiffc to con-
fult her
friends, with
out prejudice
to her right
of option.
tfj the woman be Jlanding, at the period of receiving the liberty
of option from her hulband, and afterwards fit down, her option remains,
and is not annulled, as her fittin g does not imply rejethon, but
-rather the contrary, fince her attention is thereby more collected.—
And the rule is the fame where the woman, being feated, leans upon
a pillow, or having leaned upon her pillow, (at the time the hulband
fpeaks,) fits-up without a pillow, becaufe thefe are no, more than
change's from one mode of fitting to another, and do not import re-
je&ion any more tlian where a perfon fitting upon one part changes and
fits upon another.— Our author remarks that this is the doctrine of the.
Jama Sagheer, and is moll: approved.— It is eltewhere faid, that where
the woman is fitting up without a pillow, and then leans upon .a pillow,
option no longer remains, as this Ihews an indifference relpedting it
anaouuting to a rejection.
If the woman, on receiving a liberty of option, fay that Ike wilhes.
to fee her father, in order to confult him, or to . get witneffes, in
order to have their evidence, her option remains, becaufe counfel is
expedient in every bufinefs, and witnefles are requifite to contrqy^|
the hulband’ s. denial of the fadt; and hence neither of thefe willies
exprefled on her part is a proof of rqjediion.
If the woman be riding upon a quadruped, or in a camel-litter,
and Hop the animal on her hulband’s offer of liberty, Hill the right of
option is not annulled-: but if Ihe proceed upon her journey, it is annulled,
becaufe the going on or fopping of the animal is the fame with
tfiofe ,a£ts in the woman, fince its motions depend upon the rider',
A boat or fhip is the fame as a houfe, as by the going on of the
veffel the woman’s option is not annulled, becaufe its motion does not
always depend upon the perfon whom it carries.
s e c t .
verfible,
S E C T . III.
O f M a s h e e a t , or W i l e .
I f a man fay to his wife “ divorce yourfelf,” not having any par- Where a man,
ticular intention, or intending one divorce, and the woman reply “ I
“ have divorced myfelf,” a fingle divorce reverfible takes place: and yorce herfelf
•r n . r , , T y . . r in exprefs
it lne were to lay 1 have given three divorces,’ * three accordingly terms, the
take place, where fuch is the intention of the hulband: the reafbn o f follows
this is that divorce, being a general ex-preffion, takes place in the
loweft lpecies;; but as, like other generic nouns, it alfo applies to the
whole, an intention of three divorces is admitted: and, where there
is no particular intention, a fingle divorce reverfible takes place, becaufe
the power of divorce is delegated to the wife in exprefs terms,
and exprefs divorce occafions a divorce reverfible.— I f the hulband
Ihpu-ld in this cafe intend- two divorces it is not admitted, becaufe a.
generic noun does not bear that conlfrudfion, where the woman-is-
free-,, but, if Ihe he a fa v e , an intention of two divorces is admitted*
that being conlidered as the whole, with refpedt to her..
If a man fay to his wife “ divorce y o u r f e l f ,a n d 'Ih e reply “ I
“ have feparated myfelf,” a divorce reverfible takes,place, bedaufe reparation
is of the fame nature with divorce, fince, i f a hulband were to
% to his wife “ I have irreverfibly feparated you [from me,] intending
divorce, a divorce irreverfible takes place:— and, in the fame manner,
if the woman were (as here) to fay “ I have feparated myfelf,”
and her hulband reply “ ■ I have confented thereto,” Ihe becomes irre-
Fetfibly divorced;; and hence the exprelfion of the woman “ I have
“ irreverfibly feparated myfelf,” Hands the fame as the hulband’s delation,
which is oiftmple divorce: but here the defeription o f irreverfbility.
although her 1
reply be ex* 1
prefTed in the ■
form of an mß:
irrcverjible '1 - f l
divorce. 1
|
n l I
1 j f l < , . 1
1
! 11 V | H i
f . t il l ■
fir. 1
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