Darimi

(Commentary on Hadith 2302)

Although there is some criticism regarding the chain of narration of this hadith, its meaning is correct.

It is prohibited to touch the Qur’an without ablution (wudu), as is stated in the noble verse: « ﴿لَا يَمَسُّهُ إِلَّا الْمُطَهَّرُونَ﴾ [الواقعة : 79]». And divorcing a woman before marriage—its evidence is found in the Sunan that such a divorce will not take effect. Imam Shafi’i rahimahullah, the Ahl al-Hadith, Dawud al-Zahiri, and many other scholars hold the view that divorce does not take effect before marriage.

Imam Bukhari rahimahullah also established a chapter: «لَا طَلَاقَ قَبْلَ النِّكَاحِ» and deduced from «﴿إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ﴾ [الأحزاب : 49]» that only after marriage, if one gives divorce, will it take effect; otherwise, it will not. In this regard, he has transmitted the statement of Sayyiduna Ibn Abbas radi Allahu anhuma that Allah the Exalted mentioned divorce after marriage. Therefore, if someone says before marriage that such-and-such woman is divorced, or says, “If I marry such-and-such woman, she is divorced,” even in this case, divorce will not take effect.

Imam Bukhari rahimahullah has mentioned the names of 23 Tabi’in who held this same view.

According to Imam Abu Hanifah rahimahullah, a woman who is divorced before marriage will become divorced.

Imam Malik rahimahullah said that if someone specifies a woman from a particular tribe or city, or specifies a particular day or month, then in that case, divorce will take effect (i.e., if he says, “If I marry a woman from such-and-such city or tribe, she is divorced,” or “If I marry in such-and-such month, she is divorced”).

The preferred view is the first one.

The same ruling applies to the freeing of a slave: if someone says, before purchasing a slave, that the slave of so-and-so is free, then whether before or after purchasing, the slave will not become free.

(And Allah knows best).