child and the feller lay claim to her. (It is reported from Mohammed
that dalliance with a captive Have-girl is lawful.)
T he purification of a pregnant female Have is eftablifhed by her
delivery, and that of a girl in whom the menfes have not yet appeared,
by the lapfe of a month, that fpace being, with refpect to fuch an
one, a fubftitute for the courfes, in the fame manner as holds in the
cafe o f a woman under Edit*. If, however, the menftrual blood
fhould difcharge itfelf before the expiration of the month, the purification
by lapfe of time.is annulled, becaufe of the ability with refpedt
to the original circumftance, prior to accomplifhing the objedt of the
fubjlitute.
Pregnantwo-
xnen are purified
by delivery,
and
immature females
by the
lapfe of one
month.
i^aduhle" l^e courfes be delayed in a female Have who is of age to be fobmales
not j e<S to them, it is in that cafe requifite to refrain from any carnal
courfes. connexion with her, until it appear that Ihe is not pregnant, when it
becomes lawful to cohabit with her. (This opinion is quoted from
Haneefa, in the Z&hir Rawdyet, without fpecifying any particular
term.)
I t is allowable, according to Ahoo Toofaf", to elude the abflinence
by the practice of a device; in oppofition to the opinion of Mohammed.
The arguments of each on this point have been already detailed under
the head of Shaffa.— The opinion of Aboo Yoofaf has been adopted by
Kdzees in their decifions, where it has appeared that the feller had not
cohabited with the Have from the period of her courfes antecedent to
the fale; and, according to the opinion of Mohammed, when the contrary
has been proved. T h e device which may be pradticed in a cafe
* See Edit, V o l . I . p .3 6 0 .— T h e re feems here to be a fmall miftake in the text, as the
E d it o f a female flave not fubje£t to the courfes is determined by the lapfe o i l month and
an half*
Devices ufed
to elude the
abflinence
required ;
where
where the purchafer is not married to a free woman * , is that he may
firil marry the flave, and then purchafe her -)-.— If, oil the contrary,
he be already married to a free woman, the device in that cafe is that
the feller, previous to the fale, or the purchafer, before taking pof-
feffion, give the flave in marriage to another perfon, (who muft,
however, be one in whom they can confide, that he will not cohabit
with her, and that he will divorce her,) and- then, that the party
purchafe the flave, in the former inftance, or take pofleffion of her,
in the latter,— and the hulband divorce her;—becaufe as the purchafer
was at any rate prohibited from cohabiting with the flave at the time
when the caufe of abflinence firft operated, (that is, when he firfl:
acquired property and pofleffion,) no abflinence is therefore required
after Ihe did become lawful to him, as regard is paid to the time and
circumftances under which the caufe takes place;— in the lame manner
as where a perfon purchafes and takes pofleffion of a Have who is
in her Edit,—in which cafe, upon the expiration of the term of Edit,
abflinence is no longer required, lince in this cafe the flave was not
lawful .to the purchafer at the time of the caufe taking place.
I t is not lawful for a perfon who has given abufive language to A perfon pro-
his wife J, either to look at her pudenda in lull, or to cohabit with
her, or to kifs or touch her, until fuch time as he have performed ex- h'is
piation; becaufe, as it is unlawful for him to copulate with her until wifc mtil he
after expiation, it is, confequently, unlawful that he enter into dalli- expiation,
ances with her, fince the caufe of an illegal adt is likewife illegal;— in
* T h is condition is here made, becaufe it is not lawful for a Muffulnum to marry a Have
i f he fhould be previoufly married to a free woman. (See V o l. I . p. 86.)
. f It is here underftood that marriage exempts from abftinence.
% Litera lly, “ it is not lawful for a M o za k ir ” — meaning a perfon who has pronounced
a fentence o f Zihar upon his wife. (T h is whole paffage will be better underftood by a reference
to Zihar, V o l. I . p. 326 .)
P 2 the