one thousand Dirms * annually,— if he be poor, one ~Mid; and if in
middling circumflances, one and a half: this, however, is not admitted,
becaufe a thing declared to be incumbent “ fo fa r as may fuf-
fe e " cannot be legally fixed at any fpecific rate, as the proportion
mufi neceffarily vary according to circumflances.
and this, although
Ihe
withhold her-
felf on account
of her
dower: .
I f a woman refufe to furrender herfelf to her hufband, on'account
of her dower, (that is, on account of its not having been paid to her,)
her maintenance does, not drop, but is incumbent upon the hufband,
although fhe be not yet within his cuflody, fince her refufal is Only in
purfuance of her right, and confequently the objection to the matrimonial
cuflody originates with the hufband.
but not if (he If a wife be difobedient or refraftory, and go abroad without her
be re raftory, ^{band’s conpentj fpe ;s not entitled to any fupport from him, until
fhe return and make fubmiffion, becaufe the rejection of the matrimonial
reflraint in thisdnflance originates with her: but when.fhe returns
home, fhe is then fubjeft to it, for which reafon fhe again W
comes entitled to her fupport as before. It is otherwife where a
woman, refiding in the houfe of her hufband, refufes to admit him t®
the conjugal embrace, as fhe is entitled to maintenance, notwithfiand-
ing her oppofition, becaufe, being then in his power, he may, if he
pleafe, enjoy her by force.
or an infant I f a man's wife be fo young as to be incapable of generation, her
genenrtion: maintenance is not incumbent upon him, becaufe although fhe
fhould be within his cuflody, yet as an obflacle exifls in her to the
carnal embrace, this is not the cuflody which entitles to maintenance,
that being defcribed “ cuflody, fo r the purpofe o f enjoyment,” which
* Dirms have varied in their value at different tinjes, from twenty to twenty-foe
palling current for a Deenar. Th e fum here mentioned is from about eighteen to twenty-
two pounds fterling.
does
does not apply to the cafe of one incapable o f the act:— contrary
to the cafe of z f ic k woman, to whom, maintenance is due, although
flie be incapable, as fhall be hereafter demonflrated.-— Shcfei
fays that maintenance is due to an infant wife, becaufe he holds it to
be a return for the matrimonial propriety, in the fame manner as it
is with refpeft to a flave for the propriety in his perfonal fervice. T o
this, however, our doftors reply that the dower is the return for the
matrimonial propriety, and one thing does not legally admit of two returns;
wherefore, in the cafe of an infant wife, the dower is due, but
not maintenance.
But if the hufband be an infant incapable o f generation, and the- built is due
wife an adult, fhe is entitled to her maintenance at his expence, be- t0.an adul‘
caufe in this cafe delivery o f the perfon has been performed on 'her part, -«fintim™
and the obflacle to the matrimonial enjoyment exifls on the part of the band'
hufband. ■ -
If a woman be imprifoned for debt, her hufband is not required to It is not due
fupport her, becaufe the objedion to the matrimonial cuflody does not wffeuTm-
in this cafe originate with him, whether her imprifonment be owing P^br“neJ for
to herfelf (as in a cafe of wilful delay and contumacy) or otherwife,
(as) where fhe is poor and unable to difcharge the debt.) And, in the or forcibly
fame manner, i f a woman be forcibly feized and carried" off by any carried off'
perfon,. fhe has .no claim to maintenance from her hufband; and fo
alfo, if a woman go upon a pilgrimage, under charge of a relation
within the prohibited degrees,— becaufe fhe is'not then in cuflody o f or goes upon
her hufband, and her not being fo is ocoafioned by her own voluntary aPilsril»laSs:«.
aft. It is recorded from Aboo Yoofaf that, a woman upon a pilgrimage'
is entitled to a maintenance from her hufband, as her undertaking the
mdifpenfable pilgrimage * is a fufficient pretext for her leaving h i m - -
* Arab. H id j-F a rx.— It is incumbent upon all Moflamitcs to perform.at leaft one pilgrimage
to Mecca, and this one is reckoned among -the Firciycz, or tiered ordinances, -
whence the above epithet.
E e e 2 but