single divorce before the palling of her E dit, and no longer remains a
fubjedt of divorce.— The' argument of Haneefa is that the word
how" implies a requifition of defcription ; now delegation of thede-.
fcription of a thing requires the exiftence of the fubjedt of it, and divorce
cannot have exiftence but by taking place.
If a man fay to his wife “ you are divorced by as many asyon
“ pleafe,” or “ by what you pleafe,” fhe is empowered to divorce herfelf
by whatever number ihe pleafes, as the expreffion as many as antj
what are ufed with relation to number; and hence the hufband apt;
pears to have delegated apower to the woman with refpedt to whatever
number the m ay approve. If, however, Ihe rife from her place.
before pronouncing any divorce the delegation is void; or i f the reject; •
her rejection is final, becaufe this; fort offingular delegation does not
argue or admit a repetition of the adt; and the addrefs implying a |
thing required to be immediately determined upon, confequently;
demands an immediate anfwer.
I f a man fay to his wife “ divorce yourfelf what you pleafe,togl
“ of th ree" fhe is empowered to give herfelf -one or two divorces,
but not three, according to Haneefa.— The two difeiples, on the
contrary, maintain that fhe may give herfelf three divorces, if fo inclined.—
The arguments on both fides are drawn from the Arabic•
CHAPC
H A P . IV.
Of Divorce by a Tameen, or Conditional Vow.
B y Tameen is hereunderftood the fufpenfion o f divorce upon a cir- Definition'of
cumftance which bears the property of a condition, and this-fufpenfion I f l S g
is termed Tameen, becaufe Tameen, in its primitive fenfe, fionifi'es TPea to d‘-
frength or power-, and the fufpenfion is a motive to the fufpender to V°ICe'
be ftrong in the avoidance of the condition, in füch a manner that he
may not be fubj'edted to the conference or penalty,' which is divorce or
manumijfon.,
W here a man refers or annexes divorce to marriage (that is
impends it upon marriage,) hy faying to any ft range woman “ I f I nounced with
“ marry you,' you "are divorced,” or by declaring “ any woman' afutrcma”
“ whom I may marry is divorced,” in this 'cafe divorce-jtakes: place on
the-event of fuch marriage.— Shafe'i maintains that divorce does not' the occur-
take place, the prophet having faid that there is no div.orce antecedent SLri^efiCh
to marriage.— The- argument of our dodtors is that the annexing of
divorce to marriage is' a Tameen, or fufpenfion,! as; appears from its
containing a condition and a. confequence, and prefent authority is' n q t'
requifite to its propriety, becaufe the divorce does not take place u n til'
the occurrence of the condition,, at which time the authority neceffa-
nly takes place; and the end which it anfwers, before the occurrence
of the condition, is, that it reftrains the vower from marrying that
woman, as his meaning in the expreffion is “ I will not marry you,
“ or, if I do, you are divorced.” With refpedt to the faying of thé
prophet cited by Shafii, it goes to the prohibition of immediate '
0L* M divorce