A female
flave, emancipated
during Edit,
mud obferve
the Edit of a
free woman.
Rule of Edit
with a woman
pad
child bearing.
eflablifhed upon the inflant of her hufband’s apoftacy;— her Edit,
therefore, is three terms of her courfes.
If a mafler emancipate his female flave, whilfl in her Edit from a
reverjible divorce, fhe is in that cafe under Edit as a free woman, and
muff count it accordingly; becaufe, in reverfible divorce, fo long as
the Edit is unaccomplifhed, marriage continues in every fhape:— but
if a mafler emancipate his female flave, whilfl in her Edit from a divorce
irreverftble, or from the d'eceafe of her hufband, her Edit is net
affedted or altered by fuch emancipation;— that is, it does not become,
the Edit of a free woman, becaufe her marriage has been completely
diffolved by the irreverfible divorce, or by the hufband’s death.
If an Ayeefa * be in her E dit, counting it by months, and the
menflrual difeharge fhould chance to appear upon her, in this cafe all
regard to that portion of the Edit which has been counted by months
drops, and her Edit commences de novo, to be counted by the terms
of her courfes.— T h e compiler of this work bbferves that this is''where
the Ayeefa had been fubjedl to the courfes before file became hopelefs
of children, as in this cafe her defpair is done aw ay ; and, this is approved,
becaufe it is evident that months, with refpedt to fuch a Woman,
are not the'abfolute fubffitutes o f E dit: but if an Ayeifa be one
to whom the menflrual difeharge had never occurred before, and be
in her E dit, counting it by months, and fee the appearance of the
fanguinary . difeharge, regard to the term of the Edit which has been
counted by months does not drop, becaufe the counting by months' is
the original rule with refpeft to fuch a woman, and not merely the
fubflitute for her courfes.
If a wbman be in her Edit, counting it by the term o f h e r courfes,
* Literally a defpairer, that is, a woman whole courles are ftppped, and who is con*
fequently fuppofed to be paft child-bearing.
and
and after two of thofe they fhould flop, and fhe become an Ayeefa,
her Edit commences de'novo, to be counted by months, and all regard
to the courfes drops, fo as that the fu bfitu te (which is months,')
and the original (which is the courfes,) may not be confounded.
T he Edit of a woman wedded by an invalid marriage is counted Rule of Edit
by her courfes, both in cafe of her hufband’s death, and alfo, of a fe- marriage!
paration taking place between them; .and fo likewifeithat o f a woman
with whom a man has had carnal connexion errorfepufly; becaufe, in
thofe cafes, the Edit is incumbent merely for the purpofe of afeertain-
ing whether the woman be pregnant, and not as a right' o f marriage;
and as the courfes are the means o f afeertaining the flate of the womb, -
the Edit of thofe women is to be counted by .their returns. '
If the mafter of an Am-Walid fhould die, or emancipate her, her Edit atm.
Edit is three terms of her courfes.— Shafei fays that her Edit is only
one term, as it is incumbent upon her on account only of the extinction
of the owner’ s propriety, and confequently no more is requifite
to effedl it than what may fuffice to cleanfe her womb.— The .argument
of our doftors is, that Edit is incumbent upon her, on account
of the extinction of Fir&Jh * , (for fhe is the partner of her mafler’ s
bed,) and is therefore the fame-'as that ufed in the difloludon of marriage:—
moreover, Omar has faid “ the. E d it o f an A m-W a l id is
“ three terms o f her courfes A-— I f the Am-lValid be not fubjedt to
the menflrual difeharge, her Edit is three months, the fame as that of
a married woman.
If.an infant die, leaving a wjfe pregnant, her Edit is accomplilhed
by her delivery, according to Haneefa and Mohammed. Aboo Toofaf
Edit of the
widow of an
infant.
* FiraJh literally means a bed, whence it is metaphorically u'fed to exprefs a rio-ht of
cohabitation or concubinage: it is^alfo ufed in the fenfe of a wife or a concubine, whence it
is here and elfewhere tranflated partner o f his bed.
A à a 2 fays