سنن ابن ماجه
Ibn Majah
كتاب الطلاقThe Chapters on Divorce
بَابُ : لاَ طَلاَقَ قَبْلَ النِّكَاحِChapter: No divorce before marriage
Hadith 2048
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ سَعِيدٍ الدَّارِمِيُّ ، حَدَّثَنَا عَلِيُّ بْنُ الْحُسَيْنِ بْنِ وَاقِدٍ ، حَدَّثَنَا هِشَامُ بْنُ سَعْدٍ ، عَنْ الزُّهْرِيِّ ، عَنْ عُرْوَةَ ، عَنْ الْمِسْوَرِ بْنِ مَخْرَمَةَ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " لَا طَلَاقَ قَبْلَ نِكَاحٍ وَلَا عِتْقَ قَبْلَ مِلْكٍ " .
´It was narrated from Miswar bin Makharamah that the Prophet (ﷺ) said:` "There is no divorce before marriage, and no manumission before taking possession."
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
