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The Koran (Al-Qur'an)

Muhammad (recited); trans. George Sale · c. 610-632 CE; English translation 1734 primary

passage 149 of 853 · C.I.E., Ph.D., ETC. > SECTION VI. (2/15)

↪ you wandered here via “arguments for marital divorce” — the connecting lines are tinted below

p. 150 Reland. de Rel. Moh. p. 243, &c., and Selden, Ux. Hebr. l. r, c. 9. 6 Vide Reland ubi sup. p. 244. 7 Kor. c. 4, p. 53.

is certainly the utmost Mohammed allowed his followers: nor can we urge as an argument against so plain a precept, the corrupt manners of his followers, many of whom, especially men of quality and fortune, indulge themselves in criminal excesses;8 nor yet the example of the prophet himself, who had peculiar privileges in this and other points, as will be observed hereafter. In making the above-mentioned limitation, Mohammed was directed by the decision of the Jewish doctors, who, by way of counsel, limit the number of wives to four,9 though their law confines them not to any certain number.10 Divorce is also well known to be allowed by the Mohammedan law, as it was by the Mosaic, with this difference only, that, according 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 occasion, or out of an inconstant 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 should not be lawful for him to take her again until she had been first married and bedded by another, and divorced by such second husband.2 And this precaution has had so good an effect that the Mohammedans are seldom known to proceed to the extremity of divorce, notwithstanding the liberty given them, it being reckoned a great disgrace so to do; and there are but few, besides those who have little or no sense of honour, that will take a wife again on the condition enjoined.3 It must be observed that, though a man is allowed by the Mohammedan, as by the Jewish law,4 to repudiate his wife even on the slightest disgust, yet the women are not allowed to separate themselves from their husbands, unless it be for ill-usage, want of proper maintenance, neglect of conjugal duty, impotency, or some cause of equal import; but then she generally loses her dowry,5 which she does not if divorced by her husband, unless she has been guilty of impudicity or notorious disobedience.6 When a woman is divorced she is obliged, by the direction of the Korân, to wait till she hath had her courses thrice, or, if there be a doubt whether she be subject to them or not, by reason of her age, three months, before she marry another; after which time expired, in case she be found not with child, she is at full liberty to dispose of herself as she pleases; but if she prove with child, she must wait till she be delivered; and during her whole term of waiting she may continue in the husband's house, and is to be maintained at his expense, it being forbidden to turn the woman out before the expiration of the term, unless she be guilty of dishonesty.7 Where a man divorces a woman

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The Koran (Al-Qur'an) · Muhammad (recited); trans. George Sale · 610–632