er by three
exprefs divorces.
enter the faid houfe, three divorces take place upon her, according to.
the two Elders*.— Mohammed fays that no more can take effedt upon
her than the one divorce remaining after the two which fhe had already
received, as above; and fuch alfo is the opinion of Zijfer.— The
foundation of this difference, in point of dodtrine, is that the two
divorces are held, by the Elders, to have been entirely annihilated by
the circumflances' of the intervening marriage, and hence the firft
hufband flill continues empowered with refpect to the three divorces
[conditionally declared as above] upon the woman returning to him;
— contrary to Mohammed and Zijfer, who hold that they are not annihilated,
and therefore that in fuch event he continues empowered
only with refpect to the remainder of the three (as fhall be hereafter
explained.) The effedt of this difference of opinion appears in a cafe
where a hufband, having fufpended one divorce upon the circumflance
o f his wife’s entering a certain houfe, afterwards repudiates her by
two divorces, and the woman, after having married another man,
returns to her firft hufband, and then enters the houfe, in which ’Safe
fhe falls under the rigorous prohibition, according to Mohammed, the
two former divorces not having been annihilated by the. intermediate
marriage; but, in the opinion of the two Elders, fhe does not fall
under the rigorous prohibition, as they conceive the two former divorces
to have been annihilated.
If a man fay to his wife “ you are under three divorces i f you
“ . enter this houfe,” and he afterwards repudiate her by three exprefs-
divorces, and fhe marry another man upon the expiration o f her Edit,
and, after being divorced by him, be again married to her former
hufband, and then enter the faid houfe, no effedt. whatever enfues.—
Z ijfer fays that three divorces take place, becaufe three divorces are
fufpended generally upon the condition, whether in virtue of the right
from the prefent exifling marriage, or of that which recurs after the-
Hancefa and Aboo Toofaf
mterveninj
intervening marriage with another; and the expreffion & general, and
not refiridive; hence therefore the occurrence o f the three fufpended
divorces may flill be conceived poffible after the three divorces before
given; for which reafon the vow alfo continues; in force, as the permanence
of that is implied in the poffibility of fuch occurrence.— The
argument of our doctors is that the penalty does not confifl of three
divorces generally., but of tile fu jf'n d tu idivorce», with refpedt to
.which the hufband is authorized, in virtue of the prefent exiflence o f
marriage, becaufe he has impofed the vow upon himfelf for the pur-
pofe of determent, and it is only the three divorces therein mentioned
which can operate in that way, not thofe with refpedt to which he
may be authorized by a fubfequent marriage, an event the occurrence
of which is not probable, the chances being fo much againfl i t ; and
the penalty confifling o f thofe three particular divorces being done
away by the three divorces, (in confequence of which the fubjedt of
divorce no longer remains,) the vow is alfo done away; but it would
be otherwife if, after a vow expreffed as above, the hufband were to
repudiate his wife b y a Jingle irreverjible divorce, for there the vow
remains in force, becaufe of the permanence of its fubjefl *.
I f a man fay to his wifjjg“ when I have carnal connexion with Cafe of di-
“ you, you are under three divorces,” and he afterwards have carnal ^Tedtpon
knowledge of her, divorce takes place upon the inflant of fuch carnal carnal co!'-
connexion taking place; and here, although he fhould not immedi- JhTw"fTh
ately ceafe fuch connexion, yet he does not become liable for either a
fine* or a proper dower; but the fine or dower becomes obligatory
upon him if, after the fhortefl ceffation, he fhould again have carnal
connexion with her.— This is analogous to a vow made with refpedt
to a female flave; for i f a mailer fay to his female Have “ when I
f H S m ('ubj e<a ftlllremains, becaufe, after a fingle divorce, a wife continues a legal
v jectof two other divorces, until the expiration of her Edit.
t Meaning the Akir, or fine of tr fp a fs.
N 11 2 “ have