1 0 2 A B O M I N A T I O N S. B o o k X L IV .
out intimation. T h e arguments of our doftors are, that the Have is
a man neither related to her as a kinfman nor hulband; that he is
liable to be influenced by a paflion towards her, as marriage may
eventually be lawful between them; (that is, in cafe o f his emancipation;)
and that there is no neceffity for his approaching her
without leave, as the bufinefs of a Have properly lies without the
houfe.
A man may
gratify his
paflion with
his female
Have in whatever
way he
pleafes.
I t is lawful for a man to perform the aft of A z il* with his female
flave without her confent, whereas he cannot lawfully do fo by his-
wife, unlefs with her permiffion.— T h e reafon of this is that the prophet
has forbidden the a£t of A z il with a free woman without her
confent, but has permitted it to a matter, in the cafe, of his female
flave. Betides, carnal connexion is the right of a free woman,'for
the gratifying of her paflion, and the propagation of children,
(whence it is that a wife is at liberty to rejeft a hulband who is an
eunuch or impotent,) whereas a flave poflefles no fuch right.— A
man, therefore, is not at liberty to injure the right of his wife,
whereas a matter is abfolute with retpeft to his tlaved—If, alfo, a
man thould marry the female flave of another, he mutt not perform
the act o f A z il with her without the confent of her matter.
* F o r a definition o f A z ily fee V o l. I . p. 167.. -
SECT,
Book XLIV. a b o m i n a t i o n s , io 3
S E C T . V.
O f I s t i b r a , or waiting fo r the P u r i f i c a t i o n o f W o m e n * .
A m a n , when he purchafes a female Have, is not permitted either A tm“ “ ttft
to eniov her, or to touch, or kifs her, or look at her p u d e n d a , in luft, connexion
J J .. . - . r , r . r with his puruntil
after her IJU o ra , or purification from her next eniumg courles chafed female
for when the captives taken in the battle of Autafi were brought
thence, the prophet ordained that no man thould have carnal con- courfes have
nexion with pregnant women until after their delivery, or with others elapfed'
until after one menftruation; which evinces that the abftinence fo enjoined
is incumbent on a proprietor; and further, that the occurrence
o f right of property and o f poffeffion is the occalion of its being incumbent.
T h e end propofed in this regulation is, that it maybe afcer-
tained whether conception has not already taken place in the womb,
in order that the iflue may not be doubtful.
A b s t i n e n c e until after purification is incumbent on the buyer, butthisrule
but not on the feller; for the true reafon of its neceffity is the defire of orTth?/™-^
copulation; and as the buyer is prefumed to pofiefs this defire, and on
not the feller, the obfervance of it is therefore enjoined him, and not
the other. If, moreover, defire be an internal operation of the mind,
the obligation of the law, in this particular, refts upon the argument
* A phrazeology runs throughout this fection which renders the tranflation o f it into
Englijh particularly difficult, as the. precife meaning o f the term IJiibra cannot be exprefTed
b y any fingle word in our language.— T h e heft Arabic lexicons define IJiibra to fignify
u the purification o f the womb.” — T h e term, however, muft here be received in a more involved
fenfe; for IJiibra does not, in fact, mean fimply purification, but a defire of, or (as
rendered in the text) a waiting fo r purification; for which reafon,the tranflator renders it
purification, or aljlinence, as beft fiiits the context..
3 o f