Marriage
with Haves;
and with
KitabeeSf.
and with
Majoofees.
and with
Pagans;
cafe of the hufband haying carnal, connexion with his repudiated wife
within the term of her E d it; although, according to the book of
punishments, he would incur it, becaufe, by the aft of divorce, the
huiband s right of cohabitation is diflolved, and confequently anyfub-
fequent cohabitation with her would bear the conftruftion of , whored
om b u t yet his other rights are not diflolved (as was above, obferved,)
wherefore, if he were to marry the fecond After before the expiration
of the formerYEr/r/, it would amount to a marriage with two Afters
at one time, which is forbidden.
A mafter may not marry his female (lave, nor a miftrefs her
bondfman, becaufe marriage was inftituted with a. view that the fruit
might belong equally to the father and the mother, and mafterlhip
and fervitude are contradiftory to each other, wherefore it is not ad-
mhflble that offspring ftiould thus be divided between the mafter and
the flave.
M a r riag e with a Kitdbee woman is legal,, according; to-the. word
o f G od, “ W omen are law fu l to you, such as are- Mahfanas
“ of THE scriptur a l sects (the term Mahfana Aoes not, in this
pafiage, imply a Mujlamitc, but merely a woman of chafte reputation
* .)— Free Kitdbee women, and thofe who are {laves, are equal in
point of matrimonial legality,, as- {hall be demonftrated hereafter.
I t is unlawful to marry a Majoofee Woman, G od having faid
“ Y e m a y hold correspondence w ith the Majoofees the
“ SAME AS WITH THE KltdbeCS, B,UT YE MUST NOT MARRY
“ THEIR DAUGHTERS, NOR PARTAKE OF THEIR SACRIFICES.”
I t is unlawful to marry a Pagan woman, according to the words
* This comment upon the text is meant as an exception to the general definition of
the term Mabfana, as explained in the laws concerning (lander, Book V I I . Chap. V .
of
of the K oran, “ M ar ry not a woman of the Polytheijis un til
“ SHE EMBRACE THE FAITH.”
A Mujfulman may marry a woman of the Sabeans, (he believing
the fcripiures, and profeffmg faith in the prophets; but-if the worfhip
the ftars, and believe not in any of the divine lcriptural revelations,
it is unlawful to marry her,— fuch being idolators.— The diverfity of
opinion which is recorded between Haneefa and the two difciples,
originates in their different ideas with relpeft to the Sabeans; each
arguing according to his own premifes, for Haneefa accounts the
Sabeans to be Kitdbees; whereas the two difciples conflder them, as-
worfliippers of the ftars.
I t is lawful either for a man or a, woman to marry during the
Ihram * of pilgrimage.— Shafei alledges that it is unlawful. And the,
fame difference of opinion obtains in the cafe of a Mohrim. + contraftin<r
in marriage a woman to whom he is guardian.— Shafei fupports his,
opinion upon a.precept of the prophet, “ Mohrims marry not, nor
“ caufe to marry."— In oppolition to this, however, our doctors produce
the inftance of the prophet himfelf, who married Meyemoona
whilft he was a Mohrim; and with refpeft to the traditionary precept
cited by Shafei, as above, it is to be regarded,as folely applying to the
aft of carnal conjunftion;. that is, to fay, the word Nikkah \ in that
fentence is to be conftrued into Wuttee §,,— as i f he had laid, “ ■ Pet not.
“ Mohrims hold carnal connexion, nor Mohrimas admit men to fuch
“ connexion."— This indeed is. rather a weak comment, fince the
word Nikkah has never been conftrued into the admitting o f man
to the commiflion, of the carnal aft; but the better principle upon
which to anfwer it is that from the grammatical conftruftion of the
The. period of the pilgrims remaining at Mecca..
t A pilgrim, whilft he remains at Mecca.
t eanmg conjunction in its primitive fenfe, and marriage in its occafonalknfe.,
§ Literally conjuntiim, But.generaity applied to the carnal aS.
a’id with
Sabeans.
Marriage
during pilgrimage.
fentence,.