A man may
not marry an .
aunt and niece:
or two women
related within
the prohibited
degrees.
A man may
marry a woman
and her
ftepdaughter.
without the advantageof the connubial enjoyment, which neither could
legally poflèfs; for all which reafons their feparation is indifpenfable.
And in this cafe each filler is entitled to receive an half dower,
becaufe, i f either could havé been proved to be firfl married, fhe
would have had a claim to her fu ll dower, but the priority of marriage
of either remaining unafcertained, the dower is 'thus divided between
them.— Some have faid that this is only where each of the fillers re-
fpedively maintains the priority of her marriage without either being
able to adduce any proofs; but that where they both declare their ignorance
o f fuch priority, nothing whatever is to be paid to either,
until fuch tune as both agree to receive an half dower, as above, becaufe
that is due to them in virtue of a priority unafcertained, wherefore
it is neceffary either that each fhould refpedively maintain her
priority, or that both fhould agree, as above, before any decree for
payment of an half dower to each could be paffed.— But if eaeh filler
maintain her priority, and both produce equal evidence in fupport
of it, an half dower is the right of each, according to all the
doctors.
I t is unlawful for a man to marry two women, o f whom one
is the aunt or niece of the other, the prophet having declared a precept,
as recorded in the Zahir-Rawdyet, to this effed.
I t is not lawful for a man to marry two women within fuch degree
of affinity as would render a marriage between them illegal, if
one of them were a man,— and for the fame reafon, becaufe this
would occafion a confufion of kindred.
B ut a man .may marry two women, one of them being a widow,
and the other the daughter of that widow’s former hufband by another
wife, becaufe here exifls no .affinity, either by blood or federate.—
Ziffier objeds to this,,and maintains that the marriage would be illegal;
becaufe, if the daughter were fuppofed a man, a marriage between
her
her and the widow would be illegal, and thefe two confequently Hand
in the fame predicament, with refped to each other, as thofe in the
preceding cafe.— T o this our dodors reply that the illegality there
dated,is fuppofed to exifl only in cafes : where this fuppofition, i f applied
to either of the women, would render their marriage illegal; but
that does not hold in the prefent inftauce, for i f the widow were
fuppofed to be a man, ffie could lawfully marry the daughter.— And
it is moreover .related, in the .N a il Saheeh, that Abdoola the Ton of
Ja fr married a wife, and a daughter of Alee. .
If a man commit whoredom * with a woman, • her mother and
daughter are prohibited to him.— Shafe'i maintains that they are not
prohibited, becaufe whoredom doês! not induce Hoormat-Mdofahirat,
or prohibition from affinity, -asthis law of prohibition- is a peculiar
didindion bellowed' upon the fervants of G od through the divine
favour, and whoredom, being a crime, cannot poffibly induce that
which is a favour o f G od.— T o this our dodors-reply, that the carnal
ad operates as a principle or caufe of a mutual participation of blood
between the parties concerned in it, in virtue of the child which is,
or may be, the fruit thereof, that partaking : o f the father and the
mother, refpedively, - in toto, for it is ufually faid “ This child is the
“ offspring of Rich a man and of fuch a woman ;” and this participation
being thus eftabliffied between the child and each of the parents
refpedively, it is virtually fo between the parents themfelves, becaufe
although a portion of the child be a part o f the mother, yet it is attributed,
in toto, to the father, whence a part of the mother is attributed
fo him; and vice verfa~, and a mutual participation o f blood
being thus eftabliffied between the man and the woman, it follows1
that the mother or the daughter of the latter Hands as the adual
mother or daughter o f -the man, becaufe the former would be the
'grandmother o f the child produced by fuch ad of whoredom ; ffie is
therefore the root of the root of fuch offspring, and the offspring is the
* Arab. Z inna, meaning either fornication or adultery.— (Vide Sales’s Koran.)
V ol. I. M branch
i l l
Cafes which
induce ille-
galityi
I!
MËàm
iI|I