At what time
the power of
Rijaat terminates*
which the owner, by confirming the afiertion of the hufband, acknowledges
the continuance of Edit at the period of Rijaat; and fup.
pofing this to be. the cafe, his [the owner’ s] authority difappears; his
right, therefore, is not injured by her denial, and hence that is to be
credited.— If,' however, in this cafe the female {lave aflert that her
Edit is paft, and the hulband and owner unite in faying that it
is not paft, her afiertion is to be credited, {he being truftee with
refped to what fhe fays, as having foie information upon the point in
difpute.
W hen the menftrual difcharge, in the third courfes after divorce,
continues for ten days, or upwards, the power of Rijaat terminates
upon the ftoppage, although the woman ihould not yet have performed
her cuftomary ablutions: but i f it flop within lefs than tea
days, the power of Rijaat does not terminate till fuch time as the ablutions
are performed, or the hour o f prayer is paft. T h e realon of
this is that a menftruation is not accounted to exceed the fpaee of tea
days, and hence the woman’ s purification is underftood on the inftant
of the ftoppage, at any time beyond that period; and the power of
R ja d t confequently terminates; whereas, when it flops within that
period, it is poflible that it may {till return, and hence her purification
cannot be finally determined until the cuftomary ceremonies of
ablution, &c. are performed.— What is now advanced applies to the
cafe of Mujjulman women only; but with Kitdbees the power of Rijadt
terminates on the inftant of ftoppage of the menftrual difcharge
in the third courfes after divorce, although it ihould happen within
ten days, becaufe with fuch women no other fign is requifite to
eftablifti purification than the fimple cejfat'wn, as they are not held,
by our doctors, to be fubjed to the injundion of the law in this particular.
T he power of Rijaat terminates where the woman performs the
teyummim.
teyummim*, and repeats the ulutu prayers, according to Haneefa and
Aboo.Toofaf.— This proceeds upob1 a favourable conftruction of the
law.— Mohammed fays that it tei fninates immediately upon the performance
of teyummim; and, this Opinion is conformable to analogy,
becaufe the teyummim, where wafer is not to -be had, ftands as a purification,
having the fame virtue with ablution, as being a fubfti-
tute for it.— The argument of Haneefa and Aboo Yoofaf is, that fand
or duft is rather a defiler than a purifier, as it foils the body, and the
latter even adheres to i t ; and rubbing the body therewith is admitted
to be a purification from neceflity only; but this neceflity does not
abfolutely exift until the proper hour of prayer arrives; and that
which is eftabliflied through necefiity is reftrided in its virtue to the,
particular point which occafions the neceflity; and hence the teyummim
is regarded with refped to prayer only, and not with refped to
the termination of the E dit.— Some dodors have delivered it as the
opinion o f the two Elders, that the power of Rijadt terminates upon
the commencement o f prayer: others lay that it does not terminate until
the conclufion, in order that the rule refpeding the repetition of prayer
may be fulfilled,. '
:
1
W here the woman, in performing ablution, omits any part of
her perfon, if it be a complete limb, (fuch as the hand or fo o t, for in-
ftance,) or more, thepower.of Rijadt does not terminate-f-: buf i f
* According to the Mujjulman law, no religious a f l can be performed without a previous
purification, by ailutim , where water is to be had, or, in defea of water, by teyum-
m,m’ that is, rubbing the hands, face, and other parts o f the body, with fand or duft. A
woman, while in a ftate of impurity, is incapable of any religious aft j and hence this
formal purification is requifite upon the ftoppage of the menftrual difcharge. T h e point
upon which the cafe here confidered turns is whether, as the teyummim is only a fubftitute
or ablution, the power of Rijaat continues until her repetition of prayer, or whether it
erminates immediately upon the performance of that a&.
t That is, as the ablution is in this cafe incomplete, the power of Rijaat does not
emanate until prayeri but when that is reflated, it terminates of courfe,— the woman’s
purification being then fully afcertained.
7 the
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