If a man divorce his wife after a retirement, and again take her
back, and afterwards aflert that he has not had carnal connexion with
her, and fhe fhould be delivered o f a child' within a day fhort of two
years after divorce, the Rijaat is valid notwithftanding his aflertion,
becaufe the parentage of the child is eftablifhed in him, as the woman
had not declared the completion of her E dit, and a child may be fuppofed
to continue fo long in the womb, whence the hulband is coin
iidered as having had carnal connexion with her before divorce, be-
caufe if her pregnancy were afcribed to fuch connexion after divorce,
the marriage Hands diffolved on the inftant e f divorce, on account of
its not having been then confummated; and of courfe the fubfequent
carnal connexion is unlawful; andMujfulmans arc notfuppofed to com.
mit any unlawful adts.
Rijaat may IF a man lufpend the divorce of his wife upon the circumftance of
bytheWrthd her producing a child, and fhe be delivered of a child, and again o||
®f a child. another within not lefs than fix months afters although it were mon
than two years, Rijadi is eftablifhed *, provided the woman have not
' declared the completion of her E dit, becaufe divorce taking place upon
the woman in eonfequence of her firft delivery, Edit, was incumbent
upon her; and her fecond child muft be fuppofed to proceed from ail
embrace of the hulband during the Edit, which adt on his part amounts
to a formal reverfal of the divorce.
If a man fay to his wife “ every time that you produce a chiH
“ you are under divorce,” and fhe be delivered of three children at
three feparate births, that is, within not lefs than fix months of each
Other, Rijaat iseftablifhed by the birth of the fecond child, and in the
fame manner by that of the third, becaufe, upon the birth of th&frjl,
divorce takes place, and Edit is incumbent, and upon that of the *
* T h a t is to fay, the naan is confldered as having, taken.back his wife. (See the be*
ginning o f this ch apter.)
■ fecond
fecond Rijaat is eftablifhed, for the reafon before obferved, that it
muft be fuppofed to proceed from an embrace of the hulband during
theE dit; and a fecond divorce takes place, becaufe the hulband has
fufpended divorce upon childbirth with the expreflion “ every time
“ that,” and Edit is incumbent in eonfequence of this divorce; and
by the birth of the third, Rijaat is again eftablifhed, for the fame reafon
as above, and a third divorce takes place in the fame manner as
the fecond: and in this cafe thé Edit is to be counted by the courfes,
becaufe the woman is not pregnant, but fubjedt to courfes, at the
period of each divorce taking place upon her.
It is allowed to a woman under reverfible divorce to adorn herfelf,
may excite him to it, the adtion isr therefore permitted by the
law. I <
to come upon her unawares he would fee parts of her, the fight of
which occafions;Ry<7& ; and this not being his intention, he would give
her another divorce, which would protract her Edit,
A m an cannot carry with him, upon a journey, a wife whom he
he may lawfully have carnal connexion with her, according to Haneefa.
— The arguments o f our dodtors are twofold;— f i r s t , the word of G od,
who has faid “ t a k e t h e m n o t f o r t h f r o m t h e i r d w e l l i n g s , ”
Q^q 2 _ where
A woman
under revef*
fible divorcé
m&y adorn
herfelf.
A man muft
not approach
a reverfibly
divorced wife
without g iv ing
her inti*
mation*
:
À divorced
wife cannot i l l H H
be carried 11
upon a jour* -
ney, until
Rijaat be
eftablifhed. ^ - f i l l
I r:|i m
i . | | f |
! 9 f c l f i p i
■ ; m
lljjl ! |||||| ! i 1 1 1
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