is diflelwsd b f the diverge; whence it « 'th a t i f this man were to repudiate
his wife by an irrev-erilbk di.vorcp, and file were to die within her
Edit, before the decefffe o f h er hufbaad, the hufbasid does not iiiherit
■ of her, the iiTatrirnoiiial connexion which -was the caufe oi that reh-
,tion£hip .which in titled to inheritance no -longer remaining.— T o this
our doctors reply that the matrimonial .connexion at a time o f a mortal
illnefs is a caufe o f inheritance with refpeft to the w ife ; but where
the hulband is .defirous o f defeating .this right by giving an irreverfiby
divorce, his intention is refilled, by p.<jftppniqg -the .effeft o f his fen-
tence o f divorce to the expiration o f his wife’ s E dit, in .order to -IhieM
her from injury; and fuch procraftination is poffible, as a marriagem
accounted ftill to fubfift during the Edit, with refpedl to various ofits
effefts, fuch as the obligations o f alimony, refidence, and fo forth;
and hence it may lawfully be'accounted to continue in force with re-
ipedl to the woman’ s inheritance: but, as loon as the Edit is
plllhed, a further procraftination is impolfible, becaufe the marriage]
does not then continue in any Ihape whatevertjl-The cafe, however,
is very different where the wife happens to die before her hulband, (as|
mentioned by Shafe'i,) for in this inftance the connubial connexion is ]
not a caufe of inheritance in the hulband, (in virtue of his right asj
connedied with her property,) becaufe Ihe was notfidk but mj>ealf\
at the time of his pronouncing divorce: and the connexion is diflulvec j
■ with refpeft to his right, efpecially where he himfelf manifefts his
delire that it ftiould be fo, by pronouncing upon her an irreverjibk divorce
; fmc-e, as the connexion would be diffolved though he were
not defirous of the annullment of his right, it follows that it is ft
where he is defirous, a fortiori. T h e mode in which the connexion
may be diffolved without the confent of the hulband is by the wife,
•upon her deathbed, admitting the fon of her hulband to carnal con:
nexion and dying within her E dit, in which cafe the hulband would
not inherit of her, the matrimonial connexion with refpect to-him
becoming null, notwithftanding he does not confent to fuch annul
ment. .
If
7
If a woman require her hulband, who is Tick, to repudiate her j e H
by an. irreverfible divorce, and he accordingly pronounce the lame her own re-
upon her,— or, i f he defire her to choole, and Ihe choofe herfelf,— her own o$.
or, if Ihe procure divorce of him in the manner o f Khoola, that is, for
a compenfation, and he afterwards die before the expiration of her u°n-
Edit,— Ihe does not inherit of him, becaufe the only reafon for poft-
poning the effect of the divorce is a regard for her right, to the de-
llruftion of which (he in this cafe confents.— But i f Ihe require him
to repudiate her by a reverjible divorce, and he pronounce three divorces
upon her, Ihe inherits, becaufe a reverfible divorce does not diflolve
the marriage; and hence her requifition of fuch a divorce does not imply
her conlent to the deft ruction of her right.
If a man, upon his deathbed, declare that he had repudiated his I” cafe of any
• r . r poffible col.'
wite by three divorces, at fuch.a time, during health, and that her Mon be-
Edit had paffed, and Ihe confirm this, and he afterwards make an ac- parties,*by
knowledgment o f his being indebted to her in a certain fum, or be-
queath her a legacy, Ihe will, in the event of his deceafe, be entitled dared di-
to that fum of the three which is the leaft, the legacy, the debt, or knowiedging
her proper inheritance;— that is to fay, i f her inheritance be of fmaller
amount than the debt-ox the legacy, it goes to her, and fo of the others. ?r bequeath-
This is the doctrine of Haneefa.— T h e two difciples lay that the ac- gacy, ihe re-
knowledgment or bequeft are either of them legal, and therefore that
the woman is entitled either to the whole of the acknowledged debt, ofle.aft value,
or to the entire legacy, (provided that does not exceed the third, Or ance, debt,-
devifable proportion of his (property * , ) ' as the cafe may be.— And if orlegacy'
the hulband, in conformity with the requifition of his wife, pronounce
three divorces upon her on his deathbed, and afterwards acknowledge
himfelf indebted to her in a certain fum, or bequeath her a legacy,
Ihe is in this cafe entitled to whatever is o f leaft value, the debt, the
legacy, or the inheritance, according to all except Z ijfer, who fays
* This, which is termed Si/s Maly is fully explained in the Book of Wilis, Vol. IV .
V ol. I. o o that '