mu ft remain fufpended upon a condition, in the fame manner as if
the hufband were to fay to his wife “ i f you produce a child it is not
“ mine;” and the fufpenfion o f accufation upon a condition is nu-
gatory.
But if he were to fay to her “ you are an adulterefs, and your preg-
“ nancy proceeds from adultery,” imprecation is incumbent upon
both parties, as accufation is here eftablilhed in the mention of adultery.
Yet the Kdzee is not in this cafe to iflue any decree affefting the,
defcent o f the foetus.— Shafe'i fays that a decree .of baftardy mud be
pronounced,, becaufe the prophet decreed a baftardy in the inftance of
Hilldll who had accufed his pregnant wife.— The argument of our
doctors is that the effect of a decree of baftardy cannot take place until
after delivery, fince before delivery there is a poffibility of doubt re-
fpecting the pregnancy; the Kdzee, therefore, is not to decree a
baftardy.— As to the decree of the prophet quoted by Shafe'i, it is pof-
fible that the prophet may haye been certified of the woman’ s pregnancy
by infpration.
Imprecation
made pofterior
to the birth
o f a child
does not af-
fett that
child’s defcent.
If a hufband deny the defcent of the child upon the near approach
of birth, or at the time where it is ufual to receive congratulations, and
to purchafe clothes and make preparations for it, his denial holds
good, and imprecation is incumbent upon him on account of i t : but
i f he do not deny it until afterwards, although imprecation be here
alio incumbent, y e t the defcent of the child remains eftablilhed in
him.— This is the doftrine of Haneefa.— The two difciples lay that the
denial is admitted during labour, as it is admitted within a little time,
but not within a long time, and hence a diftindtion is made between
the Ihorter period and the longer, by the time of labour,. as the pains
of labour are among the effects of breeding.—The argument of Haneefa
is, that it is impoffible to fix any time, becaufe time is fixed for the
purpofe of confideration, and mankind vary in the length of time ne-
ceffary for that purpofe; wherefore regard is had to a thing which
Ihews
Ihews the child to be his, namely, his receiving the ufual congratulations,
or remaining filent at the time of fuch congratulations, or
purchafing things to prepare for the birth, or letting that time pafs
without denying it.— This is where he is prefent; but i f he be abfent,
and ignorant of the birth o f the child,, and afterwards come, the time
aforefaid is regarded, according to both authorities; that is to lay, with
Haneefa, it remains to him to deny the child within fuch Ipace of
time as congratulations are admitted,— and with the two difciples,
within the Ipace of time which correlponds with a woman’s labour.
If two children be produced at one birth, and the hulband deny the
defcent of the firft-born, and admit that of the fecond, in this cafe the
parentage o f both is eftablilhed in him, becaufe they are both fuppofed
to be begotten from one feed; and punilhment is due upon the hulband,
becaufe he has contradidted himfelf in acknowledging the fecond child;
and if he admit the fir fi, and deny the fecond, the parentage of both is
eftablilhed in him for the fame reafon: and imprecation is here in cumbent,
becaufe his denial o f the fecond child implies an accufation
from which he does not afterwards ret raft, (as in the former inftance,)
fince his virtual declaration o f his wife’ s chaftity, in acknowledging the
parentage of one of the children, here precedes the acculation, being
the lame as if he were firft to fay “ _/&e is ch a fe," and then to lay
“ Jhe is an adultrefs," in which cafe imprecation would be incumbent,
and fo here likewise.
Von. 1. Z z C H A P .