her Zirra, or fellow-wife; whence her declaration refpedting fuch an
one is not credited.'
Rule in cafe
o f divorce
fufpended
upon the
-courfes.
In the fame manner, i f a man fay to his wife “ i f you be defirous
“ that G od fhould torment you with hell fire, you are divorced, and
“ this my flave is free,” and fhe reply “ I am defirous of fuch tor-
ment,” or if he fhould fay “ if you love me you are under divorce,
“ and this my other wife along with you,” and fhe reply “ Hsv;|
“ you,” in both cafes divorce takes place upon the woman who is
addreffed in thefe terms; but the flave is not emancipated in the/
former inftance, nor is the fellow-wife repudiated in the latter, forthei
reafons mentioned in the preceding cafe.,
O b j e c t i o n .— It would appear that divorce ought not to tale'J
place in the former of thefe inftances, as the falfehood of the
woman’ s reply is evident, fince no one can be fuppofed defirous of j
hellfire.
R e p l y .— The falfehood is not certain, as it is poffible that hei
hatred o f her hufband may he 1'uffic.iently violent to induce her to
wifh for a releafe from him at fhe expenfe even of infernal torments.'
But notwithftanding that the penalty, (to wit, divorce,) be j
annexed to her reply, with refpedt to this woman, although fhe
fpeak falfely; yet, with refpedt to the other perfbn who is named,
divorce or manumiffion are not fo annexed, and confequently that perfbn
is unaffefted by it.
If a hufband fufpend divorce upon the coming of his wife’s
courfes, faying “ upon the coming of your courfes you are divorced,"
and fhe afterwards perceive the figns of the menflrual difcharge, the
divorce does not take place until the difcharge fhall have continued
for three days, as that which terminates within a lefs
time is not a regular difcharge; but where the difcharge has continued
tinued for three days, divorce is decreed’ from the period of its commencement.
B ut if a man fay to his wife “ you are divorced upon one term of
“ your courfes,” fhe is not repudiated until fhe become clean from
her next fucceeding courfes, . and her Eohr, or term o f purity, arrive;
ibecaufe by one term of the courfes is to be underftood a complete men-
flruation, and menftruation is not completed until the return of the
term of purity.
A n d if he fay to her “ you are divorced when you faff a day,”
jfhejsbecomes divorced on the funfet of the firft day: on which
[fhe falls: but i f he only fay “ you are divorced when you fa ß ," her
[divorce takes place from the firft time that fhe begins a fall.-— The
[proofs are drawn on this occafion from the term of thofe expreflions in
the original idiom. J
If a man fey to his prégnant wife “ i f you bring forth a male
■ child you are divorced once, and if a female twice," and fhe fhould
[happen to produce twins, a fbn and a daughter, and it be unknown
■ which of them was firft born, the Kdzee is here to decree a fingle
Bivorce; but . caution diftates that it be regarded, as two divorces-.— In
■ this cafe the woman’s E d it, or term of probation, is accomplifhed by
[her delivery for i f fhe brought forth the fon firft, a fingle divorce
■ would take place, and her Edit would be accomplifhed by the birth
I of the daughter, after which no other divorce could take place on acT-
|fcount'of the birth of the latter, as the accomplifhment of the mother’s
mEdit includes a. complete diffolution of her marriage, under which di-
Ivorce cannot take place; and, on the other hand, if fhe brought forth
|the daughter firft, two divorces take place, and her Edit is accom-
[plifhed hy the. birth o f the fbn, after which no other divorcexould
Itake place,, for the feme reafon;. hence,, in the firft inftance, one di-
Ivorce only, would take place, and in the fécond two divorces ; but in
the.