Hadith 925
اُردوEn
وعن جابر رضي الله عنه قال : قال رسول الله صلى الله عليه وآله وسلم : « لا طلاق إلا بعد نكاح ولا عتق إلا بعد ملك ». رواه أبو يعلى وصححه الحاكم وهو معلول وأخرج ابن ماجه عن المسور بن مخرمة مثله وإسناده حسن لكنه معلول أيضا
Narrated Jabir (RA): Allah's Messenger (ﷺ) said: "There is no divorce except after marriage, and no freeing (of a slave) till one has possession (of one)." [Reported by Abu Ya'la and al-Hakim graded it Sahih (authentic), but it is Ma'lul (containing a hidden defective). Ibn Majah reported a similar narration, on the authority of al-Miswar bin Makhramah, and its chain of narrators is (or appears to be) Hasan (good), but it is also Ma'lul (hidden defect)].
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبويعلي: لم أجده، والحاكم:2 /420، وللحديث شواهد، وحديث المسور بن مخرمة: أخرجه ابن ماجه، الطلاق، حديث:2048 وهو حديث حسن.»©Explanation:
➊ This hadith is evidence that when a person suspends divorce or emancipation, for example: he says, “The woman whom I marry is divorced,” or he says, “Every slave whom I purchase is free,” then after marrying or after purchasing the slave, this statement will not be acted upon; that is, after the marriage, divorce will not take effect upon the woman, and after the purchase, the slave will not be emancipated. Rather, such a statement is futile and void.
➋ There are numerous forms of this issue; this hadith, in absolute terms, encompasses all such forms. It should be kept general, and no distinction should be made between different circumstances.
➌ This issue is among those well-known and famous matters of disagreement. The majority (jumhur) say that in no case will such a divorce or emancipation take effect, whereas the Hanafis (Ahnaf) say that in every case it will take effect. It has also been said that there is detail in this matter and that it differs according to various circumstances; thus, if a woman is named, or a group, tribe, place, or time is specified, then divorce and emancipation will take effect. If this is not the case, then it will not. However, the apparent view is that in such a situation, divorce will never take effect, as has already been mentioned.
«أخرجه أبويعلي: لم أجده، والحاكم:2 /420، وللحديث شواهد، وحديث المسور بن مخرمة: أخرجه ابن ماجه، الطلاق، حديث:2048 وهو حديث حسن.»©Explanation:
➊ This hadith is evidence that when a person suspends divorce or emancipation, for example: he says, “The woman whom I marry is divorced,” or he says, “Every slave whom I purchase is free,” then after marrying or after purchasing the slave, this statement will not be acted upon; that is, after the marriage, divorce will not take effect upon the woman, and after the purchase, the slave will not be emancipated. Rather, such a statement is futile and void.
➋ There are numerous forms of this issue; this hadith, in absolute terms, encompasses all such forms. It should be kept general, and no distinction should be made between different circumstances.
➌ This issue is among those well-known and famous matters of disagreement. The majority (jumhur) say that in no case will such a divorce or emancipation take effect, whereas the Hanafis (Ahnaf) say that in every case it will take effect. It has also been said that there is detail in this matter and that it differs according to various circumstances; thus, if a woman is named, or a group, tribe, place, or time is specified, then divorce and emancipation will take effect. If this is not the case, then it will not. However, the apparent view is that in such a situation, divorce will never take effect, as has already been mentioned.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 925
