3 7 o D I V O R C E . B o o k IV.
Definition,
Mourning is
incumbent on
the death of
a hufband,
although he
die during
the wife’s
E d it from
irreverfible
divorce.
S E C T I O N .
O f H i i* A d , or M q u r n i n g .
B y Hidddis underftood a woman abftaining from the ufe of perfumes,
fuch as fcented or other oils; or of ornaments, fuch as dying
the edge of the eyelids with antimony, and fo forth, except on
account of fome particular pretext, or (as is faid in the Jama
Sagheer) on account of aches or pains which thofe applications may
remedy.
H id a d , or mourning, is incumbent upon a woman whole huf-
band dies where fhe is of mature age and a MuJJlima, becaufe the
prophet has faid “ It is not lawful fo r a woman who believes in G o d ,
“ and a fu tu re Jiate, to obferve H idad fo r more than three days on
I account o f the death o f any one except her h usband ; but fo r him 'it
“ is incumbent upon her to obferve H idad fo r the fpace o f fou r months
“ and ten days.” Our do&ors fay that it is equally incumbent upon
a woman whofe hulband dies whilft fhe is under repudiation by irreverfible
divorce.— Shafei afferts that it is not incumbent upon her,
becaufe the foie intention of its inftitution is to lignify grief for the
deceale of a hulband who has faithfully adhered to the marriage
contract until death; but there is no caufe of grief for the demife of
one who had, during life, thrown his wife into difficulty and perplexity
by divorce. The arguments of our doctors, in fupport of
their opinion upon this point, are twofold; f ir s t , the prophet forbad
5 women
women under Edit dying their hands, with Hinna * , as it is i fpeqies
of perfume; se co n d l y , mourning is incumbent as a fign of grief for
the lofs of the bleffings o f matrimony, which is not only the means of
her fupport, but alfo o f the prefervation of her chaftity ; and an irreverfible
divorce is a more complete termination of thofe bleffings than
even death jitfelf, lince it is lawful for a woman to perform the lall
offices of ablution, and fo forth, to the corpfe of a deceafed hulband
from whom Ihe is not irreverfibly divorced, whereas it is not lawful
for her to perform thofe offices to the corpfe o f one from whom Ihe is
completely divorced; wherefore in this cafe alfo a mourning is incumbent.—
It may here be obferved that mourning is incumbent for
two reafons; f ir s t , as it is a manifellation of grief, (as was mentioned
above;) s e c o n d l y , becaufe ornamenting or fetting off the
perfon by the ufe of the above articles is a means o f exciting the defires
of men, and to a woman under Edit marriage is forbidden, wherefore
Ihe muff refrain from the ufe of fuch things, left Ihe fall into that
which is prohibited.— It is recorded, in the Nakl Saheeh, that the
prophet would not permit women under Edit to ufe antimony upon
their eyelids, or to anoint themlelves, as the former is an ornament,
and the latter is one way of ufing perfume.— By what is faid in the
definition of Hiddd, in the beginning of this fe&ion, v iz. “ abftainino-
“ from perfumes, and lo forth, except on account o f fome particular
“ pretext,” is to be underftood, that the ufe of thofe is lawful, where
there is any fufficient reafon for it, as they are then ufed o f neceffity;
but it is requifite that the intention [of the mourner]■ in the ufe of
them be medicine, and not ornament.
I f a woman be accuftomed to the ufe of unctions, in fuch a manner
that there might be an apprehenfion of her health fuffering from
the difufe, in this cafe, provided fhe caufe for apprehenfion be in her
* A fort of herb, the juice of which dyes the palms of the hands and foies o f the feet of
a reddilh colour. T h e herb Cyprus, or p r iv e t .
B b b 3 conception