or the inceft of the woman but the apoftate is imprifoned until fuch
time as (he may repent; and a hulband is not under any obligation to
provide a maintenance for his wife if (he be a prifoner, whereas a wo-
man who admits the fon pf her hulband to carnal connexion is not
liable to imprifonment on that account; which makes an effential difference
between the two cafes.
SEC T . IV.
A father n,uft T he maintenance of infant children refts upon their father I
provide for fon can be his affociate or partner in furmffiing it, (111 thcrlame
M manner as no peribn is admitted to be affociated with a hulband id
rnfent dul- 6yiding for the maintenance of his wife,) becaufe the word of God,,
inthe Koran, fays “ t h e m a i n t e n a n c e o f t h e w o m a n ,Wh|
“ SUCKLES AN INFANT REST-s'.UPON HIM TO WHOM THE INFANT
1 i s b o r n , ” (that is, upon the fa ther,) from which it appears that
the maintenance of an infant child alfo refts upon the father, becaufe,
1 maintenance is decreed to the nurfe on account of her fuftam-
ing the child with her milk, it follows that the fame is due to the chiM
himfelf, a fortiori.
A mother is i F the child be an infant at the bread, there is no obligag«]
M upon the mother to fuckle it, becaufe the infant’s maintenance refts
infant’ upon the father, and in the fame manner the hire of a nurfe; it is po
fible, moreover, that the mother may not be able to fuckle it, rom
want of health or other diffident excufe, in which cafe any con-
except where ftraint upon her for that purpofe would be an aft of injuftice. V|_ a
ombepro-' is here advanced proceeds upon a ftippofition of a nurfe being
procured; but where this- is not the cafe, the mother may be con-
ftrained to take that office upon herfelf, left the infant perilh.
I t is the part of a father to hire a woman to fuckle his infant The father
child, as this is a duty incumbent upon him; and it is necefl'arv that muft Provide
1 - r r ï • 1 n *i 1 . J z.nurjc\ the mine 10 hired itay with or near the mother,^if the latter defire it,
as the child muft be with its mother, (he having the right of Hizânit.
But it is not lawful for the father to hire the mother of the child as its but he cannot
nurfe, if (he be his wife, or divorced from him; and in her Edit-,— chad’îiLi«-
becaule, although fuckling her child be not incumbent upon a mother ca^a"
in point o f law, yet it is fo in point of religion, the word of G o d in
the Koran faying “ i t b e h o v e s m o t h e r s t o s u c k l e t h e i r c h i l -
“ d r e n ; ” — and a mother is excufed from this duty only on the fup-
pofition o f incapacity, but i f (he agree to perform it for a compenfation,
this is an acknowledgment of her capacity, making the duty incumbent
upon her without any confideration whatever. This rule obtains
(as- above obferved) where the mother is either actually the wife of
the father, or reverfibly divorced from him, and in her E dit, in which
cafe the marriage dill continues In force; and (according to one tradition)
this alfo is the rule, where the mother is in her Edit from ir-
reverfble divorce ;~ but another tradition fays that fuch a perfon may
be lawfully hired by the father as a nurfe, becaufe her marriage no
longer remains in force.— T h e argument in favour o f the former tradition
is that the marriage (till continues in force with refpeft to fome
of its obligations, fuch as the provihon o f food, lodging, and fo
forth.
But a father may lawfully hire, to fuckle his child, one o f his yet he may
wives, who is not the child’s mother, as fucklinsr it is not a dutv in- hiV any other
cum bent upon her. ' for that
purpofe;
H e may alfo lawfully hire the mother of the child herfelf for this or the chad’s
office, where her Edit from divorce has been completed, becaufe when "dotherr after
V o l . I. G g g that Of hCt Mit.