and of one
not fubjeft to
courfes, three
months;
and, o f one
who is pregnant,
die term
o f her travail:
that o f a Have
is two men-
ftruations:
and o f one
not fubjett to
courfes a
nrntb and an
half.
Edit of
'widowhood.
Cafe of Edit
ofwidowhood
after divorce.
T h e Edit of a woman who, on account of extreme youth, or
age, is not fuhject to the menftrual difcharge, is three months, be-
caufe G o d has fo ordained in the facred- writings.— The Edit of a
pregnant woman is accompfifhed by her delivery, whether fhe be a
'/lave or free, -becaufe Gop, in the facred writings, has fo ordained
refpedting woman in that fituation.
T he Edit o f a female Have ii two terms of her courfes, becaufe it
is thus mentioned in the traditions, and alfb, becaufe bondage is re-
ftridtlve to the half, whence it would appear that the Edit of a Have
fhould be only one term and a h a lf of her courfes, but the menftral
difcharge being incapable of fubdivifion, the half is, of neceffity,
made a whole term, and hence'the Edit of fuch an one is two terms;
and it is to this that Omar adverts, where he fdys “ I would if pdf--
“ fible fix ih&Edit of a fepaale Have at me and an h a lf of her courfes.”
— Where the female Have is one who from extreme youth or age is
not fubjedt to the menftrual difcha'rge, her Edit is one month and an
half, becaufe time being capable of fubdivifion, the term is fixed at the
h a lf on account o f her bondage.
T he E dit of a free woman upon the deceafe o f her hufband 'is four
months and ten days, fuch being the term mentioned in the Koran',—
and that o f a female flave in the like circumftance is two months and
five days, bondage being reftridtivc to the half.
If a man divorce his wife upon his deathbed,, fo as that fhe ftill
inherits of him * , Haneefa and Mohammed fay that her Edit, in confe-
quence of his deceafe, is four months and ten days, if fhe complete
three terms of her courfes within that period ; but i f the three terms
be not accomplifhed, as requiring a longer time, (five months for
inftance,) her Edit is in that cafe three terms of her courfes, what*
See Chap. IX .
ever
ever time thofe may require. In fhort, here are two terms; one,
that of four months and ten.days; and the other, that o f three men-
ftruations ■; and which ever of thefe is the longeft, the fame is the
term of Edit.— Aboo Toofiaf fays that the Edit of this woman, is three
menftruations.— This difference of dodtrine obtains where, the fick
perfon has repudiated his wife by one divprce irreyerfible, or by three
•divorces;— but where thp divorce is reverfibie, the E d itas four months
and ten days, according to all the dodtors. The argument o f Aboo
Toofafi, in fupport of his dodtrine, as above, is that the marriagè had
been diffolved and terminated by the divorce, previous to the deceafe
of the hufband, and the Edit of divorce is three terms of the courfes,
whence fuch is the Edit incumbent in the prefent cafe, as that of four
■ months and ten days, (being the Edit of widowhood/) is required only
where the marriage was diffolved by the hufband’s deceafe; but in the
prefent cafe it was diffolved before his death, by divorce. T o this indeed
it may be objefted that, if the marriage be diffolved before the
hufband’s deceafe, it would follow that the wife cannot inherit but
the^marriage is accounted to hold in refpedt to inheritance only, and
"o£, 10 as t0 alter or affedt the fid it:— contrary to where a dyin°- hufband
repudiates his wife by a reverfibie divorce; her Edit i n that cafe
being univerfally held to be ftridtly an Edit of widowhood, fince the
marriage then actually continues in every fhape.— The argument of
Haneefa and Mohammed is that the marriage being here accounted to
continue with refpedt to inheritance, is alfo accounted to continue with
refpedt to E d it; and hence the longeft o f the two is regarded._I f a
man be put to death for apoftacy fo as that his wife inherits of him,
the tame difference of opinion obtains refpedting her Edit as is above
recited— Some commentators allege that her Edit is held to be three
terms of her courfes by all the dodtors, as her marriage is not'accounted
to continue to the time of her hufband’s deceafe with refpedt
to inheritance, fince a Mujfulman woman cannot inherit of an infidél;
but yet the wife does here inherit, becaufe her claim to inheritance is
VoL- i A a a eftablifhed