8 Ibid. c. 33. 9 Ibid. c. 2, p. 25. 1 Ibid. c. 2, p.
25, and c. 65. 2 Mishna, tit. Yabimoth, c. 4. Gemar. Babyl. ad
eund. tit. Maimon. in Halach. Girushin, Shylhan Aruch, part iii. 3 Mishna,
and Gemara, and Maimon. ubi supra. Gem. Babyl. ad tit. Cetuboth, c. 5, and
Jos. Karo, in Shylhân Aruch, c. 50, § 2. Vide Selden, Ux. Hebr. l. 2, c. II,
and l. 3, c. 10, in fin.
4 And the adulterer also, according to a passage once extant in the Korân,
and still in force, as some suppose. See the notes to Kor. c. 3, p. 34, and
the Prel. Disc. p. 52. 5 Kor. c. 4, p. 55. See the notes there.
6 Ibid. p. 57.
7 Ibid. p. 55. 8 Ibid. c. 24. 9 Ibid. This law relates
not to married people, as Selden supposes; Ux. Heb. l. 3, c. 12. 10
Ibid. p. 288. See the notes there.
1 Levit. xx. 10; Deut. xxii. 22. The kind of death to be inflicted on
adulterers, in common cases being not expressed, the Talmudists generally
suppose it to be strangling, which they think is designed wherever the phrase
"shall be put to death," or "shall die the death," is used, as they imagine
stoning is by the expression, "his blood shall be upon him;" and hence it has
been concluded by some that the woman taken in adultery mentioned in the
Gospel (John viii.) was a betrothed maiden, because such a one and her
accomplice were plainly ordered to be stoned (Deut. xxii. 23, 24). But the
ancients seem to have been of a different opinion,
general punishment in cases where none is particularly appointed: and a
betrothed bondmaid, if convicted of adultery, underwent the same punishment,
being exempted from death, because she was not free.2 By the same law no
person was to be put to death on the oath of one witness:3 and a man who
slandered his wife was also to be chastised, that is scourged, and fined one
hundred shekels of silver.4 The method of trying a woman suspected of
adultery where evidence was wanting, by forcing her to drink the bitter water
of jealousy,5 though disused by the Jews long before the time of Mohammed,6
yet, by reason of the oath of cursing with which the woman was charged, and to
which she was obliged to say "Amen," bears great resemblance to the expedient
devised by that prophet on the like occasion.
The institutions of Mohammed relating to the pollution of women during
their courses,7 the taking of slaves to wife,8 and the prohibiting of marriage
within certain degrees,9 have likewise no small affinity with the institutions
of Moses;10 and the parallel might be carried farther in several other
particulars.
As to the prohibited degrees, it may be observed, that the pagan Arabs
abstained from marrying their mothers, daughters, and aunts both on the
father's side and on the mother's, and held it a most scandalous thing to
marry two sister, or for a man to take his father's wife;11 which last was,
notwithstanding, too frequently practised,12 and is expressly forbidden in the
Korân.13
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