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)
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 the 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 the 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 the be found not with child, she is at full liberty to dispose of herself as the pleases; but if the prove with child, the must wait till the be delivered: and during her whole term of waiting, she may continue in the husband’s house, and is to be maintained at his expence; it being forbidden to turn a woman out before the expiration of the term, unless she be guilty of dishonesty 7. Where a man divorces a woman before consummation, she is not obliged to wait any particular time 8; nor is he obliged to give her more than one half of her dower 9. If the divorced woman have a
1 Deut. xxiv. 3, 4. Jerem. Iii. V. Selden, ubi sup. l. 1. c. 11.
1 V. Selden. ubisfup. l. 3. cap. 21. and Ricut’s State of the Ottom. empire, b. 2. chap. 21.
4 Deut. xxiv. 1. Leo Modena, Hist. de gli riti Hebr. part 1. c. 6. V. Selden. ubi sup.
5 V. Busbeq. Ep. 3. p. 184. Smith, de morib. ac instit. Turcar. Ep. 2. p. 52. & Chardin, Voy. de Perse. T. 1. p. 169.