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The question

Does a divorce occur if a man says, "If I marry so-and-so, she is divorced," and does the ruling differ if the statement is general or specific to a particular woman? What is the most preponderant opinion on this matter?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The jurists differed regarding someone who says, "If I marry so-and-so, she is divorced." The Shafi'is and Hanbalis held that the divorce does not occur if he marries her. This view is supported by the evidence from the : "There is no divorce for the son of Adam concerning what he does not possess," and the saying of Ibn Abbas: "It is nothing, for divorce belongs only to one who possesses [the marital bond]." This is also the view adopted by the majority of the Companions and the Tabi'in. As for the Hanafis and Malikis, they maintained that the divorce does occur.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
12272
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy