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The question

What is the ruling regarding a man saying to his wife, "If I do not divorce you, then any wives I marry until death are [considered] divorced," and then he does not divorce her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that divorce is not valid before marriage. Some of those who validate the suspension of divorce before marriage deem it invalid if it encompasses all women.

It is stated in Imam Malik's Al-Mudawwanah that if a man says: "Every woman I marry is divorced," or "If I enter the house, every woman I marry is divorced," and then enters the house, nothing is incumbent upon him, and it is considered as if he did not swear an oath.

Accordingly, if a man addressed his wife saying: "If I do not divorce you, then my wives whom I marry until death are divorced," and he did not divorce her, then no divorce is incumbent upon him if he marries others before his death, and his oath is considered null and void.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
126957
Imported
Translation status
Source text, unreviewed
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