fays that it is four months and ten days, (and fuch alfo is the opinion'
o f Shafe'i,) becaufe the pregnancy cannot be attributed to the infant,
and is, therefore, with refpeft to him, the fame as if it had taken place
pollerior to his deceafe.— The arguments of Haneefa • and Mohammed
herein are twofold; f ir s t , the word of G od, who has faid in the
Koran,, “ a woman, if she be p r e g n a n t , must w a it until
“ her d e l iv er y ,” — which is generally expreffed, and therefore applies
to the woman here treated o f : secondly, the Edit of a woman
Whole hulband dies is (in cafe o f her pregnancy) fixed at the remaining
term of her travail, whether that be lhart or long; now the Edit
o f a widow is not defigned for the purpofe of afcertaining the Hate of
her womb; for i f it were fo, it would not be determined by the lapfe
of time, (fuppofing her to be one who is fubjeft to the menftrual dif-
charge,) but by three terms of her courfes ; whereas we fee that the
law fixes it at four months and ten days, although fhe be a woman of
that defcription; but it is made incumbent merely as a fulfilment of
one of the rights of marriage: and the fame reafoning applies to the
wife of the infant in queftion, although her pregnancy be not attributed
to him : contrary to where pregnancy takes place, -fubfequent
to the infant’ s deceafe; for here her Edit of four months and ten days
having commenced, is not afterwards to be altered by her fubfequent
pregnancy; but .in the cafe now under confideration, the Edit of the
term of travail was due from the inftant'that Edit became incumbent;
hence there is an evident difference between the two cafes ; and eon-
fequently there is no analogy between them.— The pregnancy is determined
to have taken place after the death of the: hufband, where
the woman is not delivered within lefs than fix mpnths from the date
of the hufband’ s deceafe.— This is the approved rule. Some have faid
that it is fo judged only where fhe is delivered within not lefs than two
years. But if a hufband, being adult, fhould die, and his wife be delivered
of a child at any time between fix months and two years from
the period of his deceafe, her Edit is accomplifhed by her delivery,
becaufe the pregnancy is in this cafe attributed to the hufband, and
hence
hence is accounted the fame as if it had exifled at the period of his
deceafe.— Obferve that the pafentage of a child born of-the wife of an
infant cannot be eflablifhed in the infant, whether her pregnancy had
appeared during his life, or not until after his deceafe, becaufe an
infant, not being poffefled of feed, cannot be conceived capable of impregnating
a woman; and marriage is not held to be a fubflitute for
feed * , excepting where the exiftence of feed on the part of the mam
may be fuppofed.
I f a man. divorce his wife whilft in her courfes, that term is not Edit of <11 -
to be counted in her E dit, becaufe the Edit is fixed at three complete menftruo®
menjlruations, and if the above were to be counted, it would induce a woman- .
deficiency, as part of that had palled previous to divorce, and therefore
cannot be included.
I f a man have erroneous carnal connexion with a. woman who is in Edit el a di-
her Edit from divorce, another Edit becomes incumbent upon her, tonwho°has
and the two are blended together,— that is to fay, her enfuing courfes
are accounted in both Edits-, and i f the former Edit lhould be accom-
plilhed before the latter, the accomplilhment of that ftill remains in- TJt oldif
cumbent upon her. This is the opinion of our dolors— Shqfei main- vorce-
tains that two Edits cannot be blended together, becaufe the Edit- is
an aft of piety, (as it reftrains from taking another hulband, and fo
forth,) and two a&s of piety are not permitted to be united in one. account,
As'mfajling for inflance, where no part of the abftinence of
one day can be put to the account of another.— The argument of our
doftors is that the defign of the Edit is to afcertain the Rate of the
womb, and as that is anfwered by a Angle E dit, the two Edits may be '
counted together; and piety is not the dejign of the E d it, but rather
a dependant on i t ; whence it is that the Edit may be accomplifhed,
CVen wtt_hout the knowledge of the woman,, merely by her refrainino-
* That is, cannot be held to amount to a virtual eftablilhment olparentage.
from