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?
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 hadith: "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.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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