“ his father is defirous o f taking him away from me into his own
“ care;” — to which the prophet replied, “ thou haß a right in the
“ child prior to that o f thy bußand, ß long as thou doß not marry with
“ a fir anger .-'’— moreover, a mother is naturally not only more tender,
but alio better qualified to eherifh a child during infancy, fo that
committing the care to her is of advantage to the child; and Siddeek,
alluded to this, when he addrefled Oincir on a fimilar occalion, faying
“ the fp ittle o f the mother is better fo r thy child than honey, 0 O m a r !”
which was laid at a time when feparation had taken place between
Omar and his wife, the mother of Afßm, the latter being then an infant
at the hreaft, and Omar defirou? of taking him from the mother;
and thefe words were fpoken in the prefence of many of the companions,
none of whom contradicted h im- b u t the N fh a or fubfiflence
of the child: is incumbent upon the father, as (hall be hereafter explained.
It is to be obferved, however, that if the mother refufe to keep
the child, there is no conftraint upon her, as a variety of caufes may
operate to render her incapable of the charge.
I f the mother of an infant die, the right of Hizdmt (or infant education)
refts with the maternal grandmother, in preference to the paternal,
-becaufe it originates in and is derived from the mother; but if
Ihe be not living, the paternal grandmother has then a right prior to
any other relation, Ihe being as one of the child’s mothers, (whence
it is that Ihe is entitled to a fixth of the effects of a child of her fon,
which is the mother’s lhare * ;) and Ihe mull moreover be confidered
as having a more tender jntereft in her own offspring than any collateral
relation. I f there be no grandmother living, in this cafe a filler
is preferable to either a maternal or paternal aunt, as Ihe is the daughter
of the father and mother, or of one of them, whence it is that
Ihe would take place of the aunts in inheritance:— (according to one
tradition, the maternal aunt is preferable to a half filler by the father s
Order o f precedence
in
H iz a n i t , after
the m o th e r .
*■ This mull mean, in cafe of the mothers death,-
fide,
fide, the prophet having faid “ the maternal aunt is as a mother.'")_
A full filler alfo. has preference to an half filler, maternal or paternal;
and a maternal filler to a paternal filler; becaufe the right of Hizanit
is derived to them through the mother. T h e maternal aunt has preference
to the paternal, becaufe precedence is given,- in this point, to
the maternal relation. The fame diftinction alfo prevails amon» the
aunts as among the fillers ;■— that is, Ihe who is doubly related has a
preference to her who is fingly related; thus the maternal aunt, who
is f u ll filler to the mother, precedes an halftilkev, maternal or paternal
; and in the fame manner, a maternal filler precedes a paternal
filler; and fo alfo o f the paternal aunts. I f however any of thele women,
having the right of Hizanit, Ihould marry a Ilranger-, .her right
is thereby annulled, on account of the tradition before quoted, and
alfo, becaufe where the hulband is a Ilranger, it is to be apprehended
that he may treat the child unkindly; where the woman, therefore,
who has charge of an infant marries, it is neither advantageous npr
advifeahle that the infant remain with her, unlefs the perfon Ihe marries
be a relation,— as where the mother, for inllance, having charge,
marries the child’s paternal uncle, or the maternal grandmother
marries the paternal grandfather,— becaufe. thefe men being as parents,
it is to be expeCted that they will behave with tendernefs:—
and lb alfo o f any other relation within the prohibited degrees, for the
fame reafon.
I
A n y woman whofe right of Hizanit is annulled by her marrying
a Ilranger recovers the right by the difiblution of the marriage, the objection
to her exercife of it being thereby removed.
If there be no woman to whom the right of Hizdriit appertains, Tn defba 0F
and the men of the family difpute it, in this cafe the nearell paternal h «ftl wTth’
relation has the preference, he being the one to whom the authority the neareft
of guardian belongs: (the degrees of paternal relationlhip are treated ‘Z "“1
of in their proper place:) but it is to be obferved that the child muff
D d d 2 not