A wife empowered
to
give herfelf
threedivorces
may give herfelf
one divorce
:■
but, when
empowered
to give her.-
felf one divorce
only,
ihe cannot
give herfelf
three.
agent in tale, to whom it may have been faid “ fell this thing, i f you
“ pleafe.” — The argument of our dtxffors is that the words-of the huff
band are a transfer of power, as he fufpends the divorce upon the will:
of the perfon whom he addreffes, and he is the principal who adts from
his own w ill; divorce, moreover, admits of fufpenfion,, whereas Tale-
does not.
I f a man tay to his- wife “ give yourfelf three divorces-,” and the:
give herfelf one divorce only, it takes place accordingly, ■ becaufe,,
having been empowered to far as three divorces, it neceliarily follows;
that the is enabled to> give a Jingle one.
I f a man lay to his wife “ divorce yourfelf once,” and the give'
herfelf three divorces, nothing whatever takes place, according to
Haneefa.— The two difciples fay that a tingle divorce takes place, becaufe
the woman .has-done that towhich the was empowered, together
with that to which the was not empowered ;, and hence it is analogous
to a cafe in which a hutband lays to his- wife “ I repudiate you by a.
“ thoufand' divorces” where three divorces take place, becaufe he has-
pronounced that to which he is empowered along with that to which
he is not empowered; confequently the former takes effeft,. but.the
latter is nugatory ; and fo likewife in the prefent cafe.— The argument:
o f Haneefa is that the wife has, in this-cafe, attempted! to do an ait,
the power of doing which has not been delegated to her by her huf-
band, and hence the appears to divorce herfelf, fir jl, and not in reply
to the detire expreffed by him, as he has empowered her to far as one
divorce only, and between three divorces and one there is a contradiction,
the word three expreffing a compound number,, and one a tingle
unit : contrary to where a man pronounces a thoufand divorces upon
his wife, as here three take place, becaufe he aits in confequence of
the detire of another:— and contrary alfo to the preceding cafe, (viz.
where the hutband detires his wife to repudiate herfelf by three divorces,
and the declares one only,) for here one divorce takes place on
account
account of her being empowered fo far as three; whereas, in the prefent
cafe, the is not empowered fo far as three, and having a died contrary
to the power vetted in her, what the does is -nugatory.
If a man defire his wife to repudiate herfelf by a nverftbk di- Where the
vorce, and the divorce herfelf irreverfbly, or the contrary, that mode difagreesP ^
o f divorce takes place which was defired by the hutband: thus, if a' baadWecla-
man fay to his wife “ give yourfelf one divorce reverfible,” and the'
reply “ I have given myfelf a divorce irrPverfiblef a divorce rever- nature of the
fible takes place, becaufe the woman has declared a divorce in exprefs- ^akeTplace
terms, but with an additional defcription, and the latter is nugatory; “ cording to
r J his declarer
s being contrary to the delire expretfed by the hutband; but the tion, notac-
Lformer (which is in its naturereverfble') takes place, as being in con-
formity to the hutband’s defire :■— and, on the other hand, if the huf-
| band tay to his wife “ give yourfelf one divorce irreverfible,” and the"
reply “ Ihave.given myfelf a divorce reverfible,” a divorce irrev.er'fible
■ takes,, place, becaufe the defcription o f reverfbility attached to the'
I divorce by the wife is nugatory, fince the hutband, having himfelf
I affixed a defcription to it, does not require more of his.; wife than
I fimply divorce, without any defcription; hence it is the tame -as i f the
I had' pronounced the divorce itfelf in a defective way-: thus the divorce
| takes place under whatever defcription may have been affixed to it by
I the hutband, Whether reverfible or irreverfible..
If a man fay to his wife U divorce yourfelf thrice; i f you pleafe, ” Wherethe
and the give herfelf one divorce, no effect whatever follows, becaufe didonalupon
the meaning of his words is - “ i f you defire three divorces, repudiate o*fthewife6
‘ yourfelf,” and the woman giving one only, it appears that the does disannulled
not defire r/)ra-, and hence, theconditiontiot being fulfilled, the divorce dffaccordmg
does not take place. \ band s decla-»
. ; • ; s rations
If a man fay to his wife “ divorce yourfelf on Ce, i f you pleafe,"
and the give herfelf three, no divorce whatever enfues, according to
L I 2 Haneefa,