I
Definition of
the term.
her, and is difcharged by five hundred dropping from her dower, and
her paying the other five hundred out of her own property:— -but
according to the more favourable conflrudion of the law, nothing
whatever is incumbent upon her, becaufe.the intent of the hufband,
in the tranfadion, is merely to free himfelf from the obligation of her
dower; and this end.being obtained, nothing beyond that remains incumbent
upon her.
C H A P . IX.
of H
T he word Zihdr is derived from Z ih r, the back.— In the language
of the law it fignifies a man comparing his wife to any of his female
relations within fuch prohibited degree o f kindred, whether by blood,
by foflerage, or by marriage, as renders marriage with them invariably
unlawful,— as i f he were to fay to her, [by a peculiarity in the
Arabic idiom,] “ you are to me like the back [Z ih r] of m y mother.”
It is eflential to Zihdr that the perfbn compared be the wife of the
fpeaker, infomuch that Zihdr does not apply to a female {lave; and
competency to pronounce Zihar appertains only to one who is a Muf-
fulman, of found mind, and mature age, that pronounced by.a Zimntee
or an infant being nugatory ; and its effed is to prohibit the perfon who
pronounces it from carnal connexion with his wife, until he fhall have'
performed an expiation.
If
If a man fay to his wife “ you are to me, like the back of my
*| mother,” fhe [the wife] becomes prohibited to him, and his carnal
connexion with her is unlawful, as well as every other conjugal familiarity,
until he perform expiation for the fame, as is enjoined in the
facred writings.
In times of ignorance (that is, before the eflablifhment of the
Mujfulman faith,) Zihdr flood as a divorce; and the law afterwards;
preferved its nature, (which is prohibition^) but 'altered its effeEl to a
temporary prohibition, which holds until- the performance-of expiation,
-but without diffolving the marriage.— T h e reafon for this is
that Zihdr. is an offence, as being a declaration founded upon a falfe-
hood, and which amounts to a difowning or denying of the wife ; and
therefore finds its proper punifhmient in her being rendered unlawful
to him who pronounces it, by a prohibition which cannot be removed
but by his performing expiation: and as carnal connexion becomes
prohibited by Zihdr, fo do all its,-accompanying privileges, fuch as
killing, touching, and other familiarity, left the ; hufband be tempted
to the commiflion of the carnal act; in the fame manner as is the,rule
with refpect to relations within the prohibited degrees, with whom
not only the carnal ad.itfelf, but alfo every familiarity which leads to
the commiflion of it, are prohibited: contrary to that reflecting women
falling, or in their courfes, with whom although the commiflion.
of the carnal ad itfelf be prohibited, yet other liberties are not fo, a s ;
thofe fituations are perpetually recurring to them, and if fuch a rule
were to hold, it would operate as an almofl continual reftraint upon
them; whereas, with refped to women under Zihar, or within the.;
prohibited degrees,, this ..Is not the cafe..
If a man, having pronounced Zihdr upon his wife, have carnal
connexion with her before he makes expiation, it behoves him to repent
and pray forgivenefs from G od ; but nothing is incumbent upon
him, except the expiation on account of his Zihdr, as before, and .
<- that
Z i h a r p r o
hibits carnal
connexion
until expia*
tion.
Nature ancV
duration o f
Z i h a r . •
I f the prohibition
oc-
cafioned by
Z i h a r be violated,
yet no
additional
penalty is incurred.