this is from Ibn Abbas. This is also the view of Sa'id ibn al-Musayyib, 'Ata', al-Hasan, 'Urwah, Jabir ibn Zayd, Sawwar al-Qadi, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. It was narrated by al-Tirmidhi from 'Ali, Jabir ibn 'Abd Allah, Sa'id ibn Jubayr, 'Ali ibn al-Husayn, Shurayh, and more than one of the jurists among the Successors (Tabi'un). He said: And it is the view of the majority of scholars, due to what was narrated by 'Amr ibn Shu'ayb, from his father, from his grandfather, who said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "There is no vow for the son of Adam in what he does not own, and no manumission in what he does not own, and no divorce for the son of Adam in what he does not own." Al-Tirmidhi said: (1) This is a sound (hasan) hadith, and it is the best of what has been narrated in this chapter. It is narrated from 'A'isha, may Allah be pleased with her, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "There is no divorce and no manumission in what the son of Adam does not own, even if he specifies it." Al-Daraqutni narrated it. (2) Abu Bakr narrated in "al-Shafi," from al-Khallal, from al-Ramadi, from 'Abd al-Razzaq, from Ma'mar, from Juwaybir, from al-Dahhak, from al-Nazzal ibn Sabrah, from 'Ali ibn Abi Talib, from the Prophet (peace and blessings of Allah be upon him), who said: "There is no divorce before marriage." (3) Ahmad said: This is from the Prophet (peace and blessings of Allah be upon him) and a number (4) of the Companions. And because one whose divorce and manumission does not take effect by direct action, no quality attaches to him, like the insane person. Also, because this is the statement of those we named from the Companions, and we do not know of any dissenter among them in their era, so it constitutes consensus (ijma').
The second narration from Ahmad is that it is valid in manumission, but not valid in divorce. He said, in the narration of Abu Talib: If he says: "If I buy this slave, he is free," and he buys him, he becomes free. (5) But if he says: "If I marry so-and-so, she is divorced," then this is not divorce; this is a right of Allah the Almighty, and divorce (6) is an oath; it is not for Allah the Almighty, nor is there any act of drawing near to Allah the Almighty in it. Abu Bakr said, in the book "al-Shafi": There is no differing opinion from Abu 'Abd Allah that if divorce takes place before marriage, it does not take effect, and that manumission does take effect, except for what was narrated by Muhammad ibn
(1) Its verification has preceded in: 6/26. (2) Narrated with this wording by al-Daraqutni from Mu'adh, not from 'A'isha, in: Kitab al-Talaq, Sunan al-Daraqutni 4/17. He also narrated from 'A'isha regarding what the Prophet (peace and blessings of Allah be upon him) entrusted to Abu Sufyan when he sent him to Yemen, and it does not contain: "even if he specifies it." Sunan al-Daraqutni 4/15, 16. (3) Narrated by Ibn Majah, in: Chapter on There is no Divorce Before Marriage, from Kitab al-Talaq, Sunan Ibn Majah 1/660. (4) In B: "and other than him." (5) In B: Addition of "upon it." (6) In the original after this: "it is."
