358 Book IV
A wife cannot
fue for a
reparation on
the.ground
o f her huf-
band being
leprous, fcro-
phulous, 'or
infanet
D I V O R C E .
defedl in the fubjeft, it remains unannulled, a fortiori, upon this
ground, that the defign of matrimony is to legalize- generation, and the
connubial enjoyment is the advantage propofed in i t ; and the ability
to perform the aft, where any natural obflruftion exifls, may be obtained,
as in a cafe of Ritk or Korn, (for in fiance,) which are to he
remedied by chirurgicai operations; and in all other cafes the ability is
evident.
If the hufband be lunatic, leprous, or fcrophulous, yet his wife has
no option, as in cafes, where he is an eunuch or impotent. This; is
according to Haneefa and Aboo Toofaf. . Mohammed fays that fhe is entitled
to an option, in order that fhe may remove an evil from her-
f e lf : contrary to the cafe of a hufband, he having it in his power, in
fimilar circumflances, to relieve himfelf by divorce.— The. argument ■
of the two Elders is that in marriage no right of option originally exifts,
for i f this were allowed, it would operate to the deftruftion of the huf-
baiid’s righ t; and it is admitted in the cafe of eunuchs, or of perfoas
naturally impotent, only becaufe the circumflance of natural or accidental
infirmity tends to defeat the end for which marriage was in-
Ilituted; but with perfons of the deferiptions now under confideration
this reafon does not hold, as the hufband who labours under any of
thofe defefts is flill capable of generation, whence an evident difference
appears between the two cafes
C H A P .
C H A P . XII.
Of the Edit.
I B y Edit is underflood the term of probation incumbent upon a
I woman in confequence of the diffolution of marriage after carnal
I connexion: the moft approved definition of Edit is, the term by the
I completion o f which a new marriage is rendered lawful.
W hen a man repudiates his wife, being a free woman, either by
a reverfible or an irreverfible divorce, or when feparation takes place
between a hufband and wife, without divorce, after carnal connexion,
the’E d it, or woman’s term o f probation, confifls of three terms o f her
courfes, provided fhe be one who is fubjeft to the menflrual difeharo-e’
God having fo commanded in the Koran.— The feparation which takes
place between a married couple, indépendant of divorce, bears the
fame conflruftion as divorce, becaufe the Edit is made incumbent in a
cafe of divorce for the purpofe of afeertaining whether thé woman be
pregnant, and the fame neceffity occurs where feparation takes place
between a hufband and an enjoyed wife without divorce.— The feparation
without divorce may be occafioned either by a woman admit-
mg the fon of her hufband to carnal connexion', or by her apoflatizino-
from the faith.
T he
Dcfi nition o f
the term.
T h e Edit o f
divorce o f a
free woman is
three menftru-
ationsj