and fo alfo,
mutual recrimination.
Recrimination
between
a hulbandand
wife induces
puniihment
for flander
upon the
nuife.
on him, becaufe the word Zinte means afcending, in its literal fenfe,
and the mention of a mountain proves that fuch is intended by it.
The argument of the two Elders is that Zinte is ufed to exprefs whoredom
alfo; and the circumftance of anger proves that by the word
Zmte whoredom is intended ; wherefore puniihment is to be inflicted,
in the fame manner as if the term Zinte had been ufed without any
mention of a mountain, ,and he were to fay that by Zinte he meant
afcent.
I f one m^n were to fay to another Zinte ali-al Jiblee * , according
to fame doctors puniihment for flander is not incurred by him, becaufe
the mention of a mountain, in this place, demonftrates that by-
Zinte he meant afcending; but according to others, puniihment for
flander is incurred, becaufe a fituation oipajjion and abufe proves the
meaning of the fpeaker to be whoredom.
I f one man fhould fay to another “ Thou art a whoremonger,”
and the other Ihould anfwer “ nay, but thou,"— they both incur
puniihment for flander, as attempting each to fix an imputation of
whoredom upon the other.
I f a man Ihould fay to his wife “ Thou adultrefs !” and Ihe
Ihould anfwer, faying, “ Nay, but Mo» !” puniihment for flander
is incurred by the woman : and there is no Ladn in this cafe; becaufe
the hulband and wife are both equally accufers ; but the accu-
lation advanced by a hulband again!): his wife induces Ladn ; and that
by a wife again!! her hulband induces punifhment fo r flander; and pu-
nilhment for flander is here fir!! inflicted upon the woman in order to
prevent Ladn, as a perfon who has fuffered puniihment for flander is
incapable of making Ladn; for if this arrangement were reverfed,
* Literally, “ Y o u afcended upon the mountain,” or, c£ Y o u have committed whore-
u dom upon the mountain.” T h e word Alee [upon] is the only difference between this and
the preceding cafe.
(that
(that is to fay, if the Ladn were previoufly required of the woman,)
neither the Ladn nor the puniihment would drop : the puniihment,
therefore, is to be firft inflicted, in order that Ladn may be prevented;
for it is laudable to feek a remedy by which Ladn may be avoided,
becaufe that is alfo puniihment in effeCt*. But if the wife, in the
example here recited, were to feply to her hu!band, “ I have com-
“ mitted adultery with you,” in this cafe there is neither puniihment
for flander, nor Ladn; for there is a doubt concerning both
puniihment and Ladn, as it is poffible that the woman may allude to
a fadt of whoredom committed before marriage, in which cafe puniihment
for whoredom would be incurred by the woman, and not
Laan, Ihe having, by her reply, confirmed the aflertion of her huf-
band, in thus imputing whoredom to him ; but by the hulband
nothing would be incurred, as he does not confirm her aflertion •" and
•on the other hand, it is alfo poflible that fire may allude to carnal
•connexion after marriage, as if !he were to fay, [in explanation,]—
“ My adultery confifted in your having connexion with me, after our
“ marriage, again!! my will,” (and this, in fuch a fituation]*, is the
mol! probable meaning of her words,) in which cafe Ladn would be
incumbent upon the woman, and puniihment for flander would not
be incurred by her, as the accufation is made by the hujband, and not
by the wife: and in confequence of thefe two contradictory pofii-
bilities, a doubt exifts equally with refpect to Ladn and punijhment fo r
fa n d er; wherefore neither is to be infilled on.
I f a man fhould have acknowledged a child born of his wife, and Cafe o f ac-
Ihould afterwards deny it, in this cafe Ladn is incumbent,-becaufe the mennof^a
* And if the wife w ere firft required to make Laan, and the puniihment for flander
(which the Laan would not prevent,) were afterwards inflicted on both parties, Ihe would
(by this mode o f proceeding) fuffer, in effedt, two punijhments, which is unlawful. T o
underftand this rightly it is neceflary to remark that the impofltion o f an oath is cohlidered
as a violence or hardjhip amounting to punijhment.
. f O f recrimination and fcolding.
v ' K a parentage