years from the period of the divorce, the parentage is eftablifhed in him
as it is poffible that the pregnancy may have exifted at that time ; and
the right of cohabitation does not pofitively appear to have been dif-
folved previous- to pregnancy, whence the parentage is eftablifhed in
t-his manner for the fake of caution.:— But if the delivery were not to
take place until after the expiration of two years from the period of
feparation,. the parentage of the child is not eftablifhed, as pregnancy in
that cafe evidently appears-to have taken place pofterior to divorce,,
and confequently the child cannot be fuppofed to be begotten by the
man in.queftion,.fince to him carnal connexion with the woman-is unlawful
: yet if he claim the child as his-own, the parentage is eftablifh-
ed in him,, as he here takes it upon himfelf,, and it may be accounted
for by fuppofing him to have had connexion with the woman, errone-
oufly,. during her Edit..
and fo like- I f a man repudiate, by an irreverfible divorce, a wife who is under
child bom of the age of puberty,, but yet fuch an one as may admit of carnal conr
agi, within" nexion, and flie bring forth a-child after the expiration o f nine months
after rithe'rS ^rom H time of divorce, the parentage of the child is not eftablifhed in.
vrtvatfiU him ;, but if the delivery be within, lefs. than nine months,,, it; is
eftablifhed.— This is according to Haneefa and Mohammed.— Aboo Toofaf,
fays that the parentage is eftablifhed in the man, although the child
fhould not be bom. within lefs than two years from the period.of divorce,
becaufe fhe was,under E dit, and it is poffible that the pregnancy
may have exifted at the time of divorce, and fhe not have declared
the accomplifhment of her Edit, wherefore this infant wife is-
the fame as a full'grown woman.— The argument of Haneefa and Mot
hammed is- that the Edit of the wife is in this cafe, appointed to be:
counted, by months,, wherefore it is accomplifhed at the expiration of
three months, by the rule of the law, independant of any declaration
on her part;— if, therefore, fire be delivered of a child within lefs-
than fix months from the end of that term which completes her Edit,
the parentage of the child is eftablifhed ; but, if fhe bring not.forth until
after
after triplicate
or-
irreuerjible
divorce:
after that time, the parentage is not eftablifhed, as it appears to have
been begotten at the time when fhe was not a partner o f the hufband’s
bed, for the cafe treats of a girl irreverfibly divorced under puberty,
and confequently not fubject to the menftrual difcharge, and whofe
Edit is therefore completed by the lapfe o f time, namely, three
months, wherefore -it is not poffible that pregnancy fhould have exifted
at the time of divorce; and the right of cohabitation appears to
have undoubtedly expired before pregnancy, fo that the defeent cannot
be eftablifhed. And i f the wife underthefe -circumftane.es be repudiated
by a reverfible divorce, the rule is the fame (with Haneefa
and Mohammed) as before recited. Aboo Toofaf fays that the parentage
of the child is eftablifhed in the hufband if it -be born within .twenty-
feueti months from the time of divorce, as it muft be allowed that he
may have had connexion with her at t'h fla tter end o f the term of three
months, which conftitutes her E d it, and fhe be delivered within the
longeft term of pregnancy admitted by the law, namely two ytars.
But if the infant wife declare her pregnancy to have taken place
during Edit, the rule is then the fame as with refpeft to grown
women; that is to fay, the parentage of the child is eftablifhed in the
hufband, as her puberty is proved by her own affirmation.
I f a widow bring forth a child, fhe parentage is eftablifhed in her
hulband, provided the delivery happen within two years from the
time of his -deceafe.— Zijfer fays that i f fhe be not delivered until after
fix months from the time of the completion of the Edit o f widowr
hood, in this cafe the parentage cannot be eftablifhed, becaufe her Edit,
upon the lapfe of four months and ten days, is completed by the ordinance,
of the law, as the_Eafe is, by the law, fixed to that time, and
is therefore the fame as i f fhe -were to declare the accomplifhment of
her Edit, as in the cafe of the infant before mentioned.— Our doctors,
on the other hand, fay that the Edit of the woman in queftion is not
abfolutely fixed at four months and ten days, but has alfo another
mode of completion,, namely.delivery, fince marriage with fin adult
C c c 2
or reverjtbk
divorce.
The parentage
of a child
born of a
widow
within two
years after
the deceafe
of her hufband
fs
eftablifhed
in him:
woman