George Sale, The Koran, commonly called the Alcoran of Mohammed, translated into English immediately from the original Arabic; with Explanatory Notes, taken from the most approved Commentators. To which is prefixed A Preliminary Discource (1734)
detail of particulars. We shall begin with those relating to marriage and divorce.
Of the laws of marriage and divorce.
That polygamy, for the moral lawfulness of which the Mohammedan doctors advance several arguments 1, is allowed by the Korân, every one knows; though few are acquainted with the limitations with which it is allowed. Several learned men have fallen into the vulgar mistake, that Mohammed granted to his followers an bounded plurality; some pretending that a man may have as many wives 2, and others as many concubines 3, as he can maintain: whereas, according to the express words of the Korân 4, no man can have more than four, whether wives or concubines 5; and if a man apprehend any inconvenience from even that number of ingenuous wives, it is added, as an advice, (which is generally followed by the middling and inferior people 6) that he marry one only, or if he cannot be contented with one, that he take up with his she-slaves, not exceeding, however, the limited number 7; and this 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 forcune, 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
2 Nic. Cusanus, in Cribrat. Alcor. l. 2. cap. 19. Olearius, in Itinerar. P. Greg. Tholosanus, in Synt. juris, l. 9. c. 2. §. 22. Septemcastrensis, (de morib. Turc. p. 24.) says the Mobammedans may have twelve lawful wives, and no more. Ricant falsely asserts the restraint of the number of their wives to be no precept of their religion, but a rule superinduced on a politic consideration. Pres. state of the Ottoman empire, book 3. chap. 21.
3 Marracc. in Prodr. ad refut. Alcor. part 4. p. 52, & 71. Prideaux, life of Mah. p. 114. Chardin, Voy, de Perse, T. 1. p. 166. Du Ryer, Sommaire la Rel. des Turcs, mis à la tête de sa version de l’Alcor. Ricaut, ubi supra, Pufendorf. de Jure nat. & gent. l. 6. c. 1: §. 18.
5 V. Gagnier, in notis ad Abulsedæ vit. Moh. p. 150. Reland. de rel. Moh. p. 243, &c. & Selden. Ux. Hebr. l. 1. cap. 9.
6 V. Reland. ubi sup. p. 244.
8 Sir J. Maundeville, (who, excepting a few silly stories he tells from hear-say, deserves more credit: than some travellers of better reputation,) speaking of the Alcoran, observes, among several other truths, that Mahomet therein commanded a man should have two wives, or three, or four; though the Mahometans then took nine wives, and lemmans as many as they might sustain. Maundev. Travels, p. 164.
9 Maimon, in Halachoth Ilhoth, c. 14.
10 Idem, ib. V. Selden. Uxor. Hebr. l. 1. c. 9.
