+ IO d i v o r c e . B o o k IV .
that is pail the marriage no longer remains in force in any refpeft, and
the woman may then be hired as well as any indifferent perfon. In
this cafe, however, if the father offer to hire any ffrange woman to
fuckle his child, and the mother offer to perform that office either for
the fame hire, or gratis, fhe has the prior right, as it is to be fuppofed
that lhe feels a tendernefs for the child beyond any other perfon,
wherefore regard for the child dictates that it fhould be committed to
her in preference to any other. But if the mother require higher wages
than the ffranger, the father cannot be compelled to give her a preference,
as this would be injurious to him.
Difference of T h e maintenance of an infant child is incumbent upon the father,.
m'!fes nodif although he be of a different religion : and, in the fame manner, the
ference as to maintenance of a wife is incumbent upon her hufband n-otwithffanding
this eircumffance the fir f t , becaufe the word offspring, in the facred
“enance” ^"' text, (as. before quoted) is of general application, and alfo becaufe the
a T'-'p. or child is a partaker of the father’s flefh and blood, and confequently is
‘W ! a part. o f h i ma n d the fecund, becaufe the occafion o f the obligation
of maintenance (namely, a valid marriage,) may exifl between a Muff
fulman and an injid'el woman-
The mainte^ . It is to be- obferved. that wh at' has been, afferted refpeOing the,
rnbcum-' maintenance of infant children being incumbent upon the father obbent
uponthe tains . where the child is not poffefffed of any p r o p e r ty b u t
father only J . , . • j i
where they where the child is pofiefled of property, the maintenance is provided
dependen/n~ from that, as it is a rule that every perfon’ s maintenance muff be for-
• property. from his own fobflance,. whether he be an infant .or an adult..
SEC T.
S E C T . V.
I t is incumbent upon a man to provide maintenance for his father,
mother, grandfathers, and grandmothers, if they fhould happen to be
in neceffitous circumftances, although they be of a different religion;—
for his father and mother, becaufe the text of the Koran, upon this
point, was revealed refpefting the father and mother o f a Muffulman,
who were infidels ;— and for .his grandfathers and grandmothers, becaufe
a grandfather is as a father, and a grandmother as a mother, the
former being veiled with the authority of a father, in all points of
guardianfhip and inheritance, in defefl of the father, and the grandmother
being the mother’ s fubflitute, in defedl of her, with refpeft
to Hizanit, and fo forth : but their poverty is made a condition of the
obligation, becaufe, if they be pofiefled o f property, their maintenance
mull be provided from that, rather than from the property of any
other perfon :— and difference of religion is no objection, with refpedt
to grand parents, becaufe o f the text abovementioned :— it is to be obferved,
however, that in the cafe of difference of religion, a man is
under no obligation to provide maintenance for any except his wife,
his parents, grand parents, children, and grand children, to all of
whom it is due, notwithflanding this circumflance ;— to the wife,
becaufe (as was already Hated) the caufo o f the obligation of maintenance
to her is cufiody fo r the purpofe o f enjoyment under a valid contrat,
and the eflablifhment of this caufe does not depend upon unity of fe<£l
or religion, as it perfectly exifls where the wife is a Chriflian (for
mflance) and her hufband a Muffulman ;— and to the parents and
others, as enumerated above, becaufe between the child and the parent
exifls a common participation of blood, and he who participates of
another’s blood is, in fa£t, - the fame as the participatee himfelf ; and
as a man’ s infidelity is no objection to his providing his own mainte-
O O' O' 2
A man muft
provide a
maintenance
for his indigent
parents.
Difference of
religion for.
bids the obligation
to the
maintenance
o f any relations
except
a <wife, parents
t or children:
nance