or a ftep-mo-
ther, or ftep-
grandmo-
ther,
or a daughter
in-law, or
grand daughter
in-law,
or a nurfe,
or a foftér-
fifter,
or two fitters.
M A R R I A G E . B ook. ]J,
“ WOMEN WHO RESIDE IN YOUR Har'aniS, BEING THE DAUGHTERS
“ OF YOUR WIVES WITH WHOM YOU HAVE HELD COHABITATION,
“ a r e u n law fu l to you, ” has merely reference to cuftom, anrf
does not imply that the refidence of the daughter in the man’ s Haratn
along with her mother is unlawful; for it is ufual, when a man marries
a woman who has a daughter by a former hufband, that the latter accompanies
her mother to his houfe, and is thence confidered as one of
his Haram *.
I t is- unlawful for a man to marry the wife of his father, or of his
grandfather, God having fo commanded, faying 44 Ma r r y not
44 THE WIVES OF YOUR PROGENITORS.”
N eithe r is it lawful for a man to marry the wife of his fon, nr
of his grandlbn, the Almighty having laid 1l \V kd not the wives
“ OF YOUR SONS, OR YOUR DAUGHTERS WHO PROCEED FROM YOUR
44 LOINS.”
I t is not lawful for a man to marry his fofter-mother, or his
fofter-fifter, the Almighty having commanded, faying “ M arry
“ NOT YOUR MOTHERS WHO HAVE SUCKLED YOU, OR YOUR
“ SISTERS BY FOSTERAGE;” and the prophet has alfo declared,
14 Every thing is prohibited by reafon o f foferage which is fo by reafon
44 o f kindred''
I t is not lawful to marry and cohabit with two women being
lifters, neither is it lawful for a man to cohabit with two lifters in
virtue of a right of polfelfion, [as being his Jlaves,] becaufe the
Almighty has declared that fuch cohabitation with fillers is unlawful.
* This obfervation is introduced merely with a view to explain an ambiguity in the
text referred to.
7 &
If a man marry the lifter of his female Have with whom he has Cafe of two
not cohabited, fuch marriage is approved, the contrail being, in this
cafe entered into by parties competent in every refpeit.— And this
marriage being legal and valid, the man mull not afterwards hold any
carnal connexion with his female Have, even though he Ihould never
[confummate his marriage carnally with her lifter, becaufe a wife
Hands, in the law, as a Fcemina Fututa:— neither Ihould the hufband
[ indulge in the connubial enjoyment with this wife until he lhall pre-
[vioully have rendered her lifter [the Have] unlawful to him, and re-
[linquilhed his right of cohabitation with her, by fome means or other,
I fuch as! emancipating her, or marrying her to another man, in order
[ to avoid the conftrudlion of cohabitation with fillers; but having lo
[done, he may afterwards cohabit with his wife; becaufe then no
■ breach of the law would enftue, fince a female Have is not held in the
[law, merely as fuch, to be a Feemina Fututa.
If a man Ihould happen to marry two fillers by two contrails * , Anothercafc
[and it be not known with refpeil to which marriage firft took place, * '' ^ '
[a feparation from both the fillers mull enfue; becaufe it is evident
[that his marriage with one of the two is illegal, but it is impolfible to
[afeertain with which, by reafon of ignorance of priority; nor is it
[conceivable that a judgment Ihould be pronounced legalizing the ma-r-
Iriage of either, unfpecified, fince the marriage of both remaining
lunafcertained, a rule to make the fame valid would be illegal, as not
■ leading to any good or advantage; for the advantage propofed in ma-'
[trimony is procreation, which is unattainable without carnal connexion
lof the parties; and this connexion with a woman unfpecified is.inad-
fmiffible: moreover, allowing the marriage to be valid, it would be
[injurious -to both., as laying them under the matrimonial reftraints -
■ * This doubtlefs fuppofes a cafe where a man is contracted in marriage through
■ the agency of others empowered by him for that purpofe, (as fhall be {hewn in an
^■ enfuing chapter) and who may engage in the contrail without his immediate know-
I ■
without