A widow may
remove from
her hufband’s
houfe, i f inconveniently
fituated
there.
A wife under
irreverfible
divorce muft
be accommodated
with
a feparate
apartment.
If the apartment allotted to a widow, in the houfe of her de-
ceafed hufband, be hot fufficiently fpacious for her accommodation,
and it fhould happen that the heirs of the defunct exclude her from
the other parts of the houfe, it is then lawful for her to remove elfe-
where, becaufe fhe has here an excufe, and any good pretext fuffices
in all matters appertaining to the fpiritual law, of which defcriptioti
is E d it; the cafe is therefore the fame here as where the woman
has reafon to fear thieves in her own houfe, or where there is an ap-
prehenfion of its falling, or where lire holds it by hire, and is Unable
to pay the rent; all which circumftances are a fufficient caufe of removal,
as well as in the prefent cafe.
W h e r e a hufband and wife are feparated by irreverfible or triplicate
divorce, it is requifite that there be a curtain Or partition between
them; and there is no objection to their continuing to refide in the
fame houfe, provided this be attended to, as the hufband has himielf
declared her to be prohibited to him : but if he be a diffolute perfoft,
one who has no command of his paflions, and of whom it may be ap- j
prehended that he will commit with her that which is unlawful, ibis',
in this cafe expedient that fhe remove to another houfe, (fince there
is evidently a fufficient excufe,) and that fhe continue there until the
accomplifhment of her E d it;— it is better, however, that the diffolute j
hufband leave her in his houfe, and remove to another himfelf.— It;is 1
laudable in the parties, whether the hufband be diffolute or otherwife, j
to engage a female friend to refide in the houfe with them, who may
be able to prevent any improper connexion.— I f the dwelling-houfe
be fo fmall as not to admit of their refiding in it under thefe precautions,
it is then neceffary that the wife remove elfewhere; but it is
better that the hufband remove, and leave her to refide in the houfe.
A ll this proceeds upon a fuppofition of the hufband’s having no more
than one houfe.
If
If a woman accompany her hufband upon a journey, or on a pilgrimage
to Mecca, and he give her three divorces upon fhe way, or
die, leaving her in an uninhabited place, fhe muft return to her own
city, provided the diftance be within three days journey,- becaufe this
is not to be confidered as going abroad, but rather as a confequence of
her having before gone abroad ; but if the diftance exceed three days
journey, fhe is then at liberty either to return home, or to proceed
upon the pilgrimage, whether her guardian be with her or not.—■
The compiler of this work obferves that this is only where fhe is left
within three days journey from Mecca, where her ftay would be more
dangerous than her proceeding; but her return to her own city is preferable,
in order that fhe may there accomplifh her Edit in the
houfe of her hufband.— But if, in the cafe under confideration,
the divorce or death occur in a city, or other inhabited place, the
woman muft not go forth from that place until her Edit be accomplifh-
ed, after which fhe may leave it, provided fhe be accompanied by any
male relation within the prohibited degrees.— What is here advanced
is the dodtrine of Haneefa.— The two difeiples fay that, if the woman
be accompanied by a relation within the prohibited degrees, fhe may
leave the place before her Edit be paft; for they argue that fhe ought
to be allowed liberty to return home, in order that fhe may relieve
berfelf from the difagreeable circumftances attending her refidence in
a ftrange place, and alfo from the derangement and trouble o f a journey,
becaufe thefe are fufficient pretexts, and the impropriety of her
travelling is removed by the circumftance of her relation accompanying
her.—T o this Haneefa replies that Edit affords a ftronger reafon againft
removal than even the want of a relation’s protection, as a woman,
may lawfully go to any diftance within a day’s journey,, without being
accompanied by a relation, whereas this is not lawful for a woman
tinder E d it: and where it is unlawful for a woman: to: go to any greater
diftance, unaccompanied by a relation, it is fo for one under E dit,
“fortiori.
Rule refpeft*
ing a wife
divorced
upon a journey.
C H A P ,