cording to the latter a man could not take again a woman whom
he had divorced, and who had been married or betrothed to another
1; whereas Mohammed, to prevent his followers from divorcing
their wives on every light occafion, or out of an inconftant humour,
ordained that if a man divorced his wife the third time, (for he
might divorce her twice without being obliged to part with her, if
he repented of what he had done,) it Ihould not be lawful for
him to take her again, until Ihe had been firft married and bedded
by another, and divorced by fuch lecond hulband 2. And this precaution
lias had fo good an effedt, that the Mohammedans are fel-
dom known to proceed to the extremity of divorce, notwithftand-
ing the liberty given them; it being reckoned a great difgrace fo to
do: and there are but few, befides thofe who have little or no fenfe
o f honour, that will take a wife again, on the condition enjoined
It mull be obferved that though a man is allowed by the Mohammedan,
as by the JewiJh law 4, to repudiate his wife even on the
High tell difgull, yet the women are not allowed to feparate them-
felves from their hulbands, unlefs it be for ill ufage, want of proper
maintenance, negledt of conjugal duty, impotency, or fome caufe of
equal import; but then fhe generally lofes her dowry s, which Ihe
does not, if divorced by her hulband, unlefs fhe has been guilty of
impudicity, or notorious difobedience 6.
When a woman is divorced, fhe is obliged, by the direction of
the Koran, to wait till Ihe hath had her courfes thrice, or, if there
be a doubt whether Ihe be fubjedt to them or n.ot, by reafon of her
age, three months, before Ihe marry another ; after which time expired,
in cafe Ihe be found not with child, Ihe is at full liberty to
difpoie of herfelf as Ihe pleafes ; but i f Ihe prove with child, Ihe
mull wait till Ihe be delivered: and during her whole term of waiting,
fhe may continue in the hulband’s houfe, and is to be maintained
at his expence; it being forbidden to turn a woman out before
the expiration of the term, unlefs Ihe be guilty of dilhonelty 7.
Where a man divorces a woman before confummation, Ihe is not
obliged to wait' any particular time 8; nor is he obliged to give her
more than one half of her dower 3. I f the divorced woman have a
1 Dent. xxiv. 3, 4. Jerem. iii. i. V. Selden. ubi fup. 1. i. c. n . 2 Koran, chap. 2. p. 27.
3 V. Selden. ubi fup. 1. 3. cap. 21. and Ricaufs State of the Ottom. empire, b. 2. chap. 21.
4 Deut. xxiv. 1. Leo Modena, Hift. de gli riti Hebr. part 1. c. 6. V. Selden. ubi fup. 1 V,
Busbeq. Ep. 3. p. 184. Smith, de morib. ac inftit. Turcar. Ep. 2. p. 52. Sc Chardin, Voy.de
Perfe. T . 1. p. 169. 6 Koran,*chap. 4. p. 62. 7 Koran, chap. 2. p. 26, Sc 27. Sc chap.
65. p. 454. 8 lb. chap. 33. p. 348. 9 lb. chap. 2. p. 28.
young
young child, Ihe is to (fickle-it till it be two years old; the father,
in the mean time, maintaining her in all refpedls: a widow is alfo
obliged to do the fame, and to wait four months and ten days before
Ihe marry again gj
Thefe rules are alfo copied from thofe of the Jews, according to
whom a divorced woman, or a widow, cannot marry another man,
till ninety days be pall, after the divorce or death of the hulband'2-:
and Ihe who gives fuck is to be maintained for, two years, to be
computed from the birth of the child; within which time Ihe mull
not ..marry, unlefs the child die, or her milk be dried up 3.
Whoredom, in Angle women as well as married, was, in the beginning
of Mohammedifm, very-feverely punilhed ; ■ fuch being ordered
to be Ihut up in prifon till they died: but afterwards it was
ordained by the Sonna, that an adultrefs Ihould be Honed 4 and an
unmarried woman guilty of fornication fcourged with an hundred
llripes, and banilhed for a year 5. A Ihe-llave, if convidled of adultery,
is to fuffer but half the punilhment of a free woman 6, viz.
fifty llripes, and banilhment for fix months; but is not to be put
to death. To convidt a woman of adultery, fo as to make it capital,
four witnefles are exprelly required ?, and thofe, as the commentators
fay, ought to be men: and if a man falfely accufe a woman o f' reputation
of whoredom of any kind, and is not able to fupport the
charge by that number of witnefles, he is to receive fourfcore llripes,
and his tellimony is to be held invalid for the future 8. Fornication,
in either fex, is Dy the fentence o f the Koran to be punilhed with an
hundred llripes -3. :
I f a man accufe his wife of infidelity, and is not able to prove it
by fufficient evidence, and will fwear four times that it is true, and
the fifth time imprecate G od’s vengeance on him if it be falfe, Ihe
is to be looked on as convidted, unlefs lire will take the like oaths,
and make the like imprecation, in tellimony of her innocency ;
which if Ihe do, Ihe is free from punilhment, though the marriage
ought to be dilfolved lo.
1 lb. chap. a. p. 27. and chap. 6;. 2 Milhna, tit. Yabimoth. c. 4- Gemar. Eabyl. ad ound.
tit. Maimon. in Halachu Girufliin, Shylhan Aruch, part 3. 3 Mifhna, & Gemara, Sc Maimon.
ubi fupra, Gem. Babyl. ad tit. C^tuboth, c. 5. & Jof. Karo, in Shylhan Ariich, e. 50. §. 2. V .
Seldeni Ux. Hebr. g. c. 11, and 1. 3. c. 10, in fin. . 4 And the adulterer alfo,- according to a.
paflage once extant in the Koran, and ftill in force as fome fuppofe. See the notes to Kor. c. 3. p.
37- and the Prel. Difc, p. 67. 1 JCor. chap. 4. p 62. See the notes there. 6 Ibid, p/64.
7 'Ibid* p. $2. 8 Kor. chap! 24. p. 288. 9 Ibid, p. 287. This law relates not to married
people, as Selden fuppofesj Ux. Heb. 1. 3. c. iz. 10 Ibid. p. 288. See the notes there.