Where, a
deathbed
divorce is re-
*verfibley the
wife inherits
in every cafe.
of four months, which at the end of that period occafions divorce
and hence it amounts to a fufpenfion of divorce upon the arrival of a
fpecified time, being the fame as if he had faid to her upon the
ft lapfe of fou r months, if I have not carnal connexion with you
“ within that period, you are divorced,;” which was already explained.
I f a man upon his deathbed repudiate his wife by a reverfble divorce,
fhe inherits of him in all the cafes here recited, becaufe the
marriage is not finally diffolved, fince it continues lawful for him to
have carnal connexion with her-; and fuch being the cafe, the principle
upon which fhe inherits hands flill unimpeached.
Note.— In all thefe cafes where it is faid that the wife inherits,
it means, “ in cafe o f the deceafe o f the hufband, before the ex-
“ piration o f her E d it,”— the reafon o f which has been already
mentioned
C H A P .
C H A P . VI.
Of Rijaat, or returning to a divorced Wife.
R ijaAt in its primitive fenfe means refiitution-, in law it fionifies a De finition o f
hufband returning to, or receiving back, his wife after divorce, and R‘i aat'
reftoring her to her former fituation, in which fhe was not liable to
feparation from the paffing of her courfes, or of the fpace of time cor-
refponding with their periods, and which fhe recovers »by Rijaat; this
is the definition of it in the Jama Ramooz: from what occurs refpedting
ijjjjin the prefent work, it appears fimply to paean the continuance o f
marr iage . .
If a man give his wife one or two divorces reverfible, he may take
her back any time before the expiration of her E d it, whether fire bè
defirous or not, G o d having faid in the Koran “ y e m a y r e t a i n
“ t h e m w i t h h u m a n i t y , ” where no diflindtion is made with re-
fpedl to the wife’ s pleafure, or otherwifè ; and by the word retain 'is
here'underflood Rijadt, or returning to, according to all the commentators.
' ■
A man may
return to a
wife repudiated
by one
or two rever-
fibledivorces,
T he exigence of the Edit is a condition of Rijadt, becaufe by provided he
Rijadt is underflood a continuance of the marriage, ("whence the term dofobef°re
ntam is applied to it,) and this cannot be eftablifhed but durino- the «on of her
Edit, fince after that is pad the marriage no longer remain^k
VoL. I. P P
R i j a a t