Amr bin Shu'ayb (may Allah have mercy on him) narrates from his father, and he from his grandfather (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said: "There is no divorce before marriage."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14869
Amr bin Shu'ayb narrates from his father, and he from his grandfather (Sayyiduna Abdullah bin Amr, may Allah be pleased with them both), that the Prophet (peace and blessings be upon him) said: "There is no divorce without ownership, nor is there freeing (of a slave)."
(b) In the narration of Ibn Abi Arubah (may Allah have mercy on him): "A man cannot divorce one whom he does not own, cannot sell what is not in his ownership, and cannot free a slave without ownership."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14870
Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) said that the Messenger of Allah (peace and blessings be upon him) said: "Divorce is only after marriage, and freeing (a slave) only after ownership."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14871
Muhammad bin Isma'il al-Bukhari said: Amr bin Shu'ayb bin Muhammad bin Abdullah bin Amr bin al-As, Abu Ibrahim al-Sahmi al-Qurashi, heard from his father, Sa'id bin al-Musayyib and Tawus; Ayyub, Ibn Jurayj, Ata bin Abi Rabah, al-Zuhri, al-Hakam, Yahya bin Sa'id and Amr bin Dinar narrated from him. Al-Bukhari said that Ahmad bin Sulayman said: I heard Mu'tamir say that Abu Amr bin al-Ala' said: Nothing was held against Qatadah and Amr bin Shu'ayb except that they would not hear anything without narrating it. Al-Bukhari said: I saw Ahmad bin Hanbal, Ali bin Abdullah, al-Humaydi and Ishaq bin Ibrahim using the hadith of Amr bin Shu'ayb from his father from his grandfather as proof.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14874
Abu Bakr al-Naysaburi said: The hearing of Amr bin Shu'ayb from his father Shu'ayb is established as authentic, as is the hearing of Shu'ayb from his grandfather Abdullah bin Amr.
The Shaykh said: In the Book of Hajj, in the chapter on intercourse by one in ihram, and in the Book of Sales, in the Book of Options (khiyar), there has already passed what shows that Shu'ayb heard from his grandfather Abdullah bin Amr. However, when it is said "Amr bin Shu'ayb, from his father, from his grandfather", it may be that what is meant is his grandfather Muhammad bin Abdullah bin Amr; and Muhammad bin Abdullah was not a Companion, so the report would be mursal. When the narrator says "from his grandfather Abdullah bin Amr", the difficulty is removed and the hadith becomes connected (mawsul). And Allah knows best. This hadith has also been narrated through other routes.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14875
Sayyiduna Jabir bin Abdullah (may Allah be pleased with him), attributing it to the Prophet (peace and blessings be upon him), said: "There is no divorce before marriage, and no freeing (of a slave) before ownership."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14876
Jabir (may Allah be pleased with him) said: I heard the Prophet (peace and blessings be upon him) say: "There is no divorce for a woman who is not your wife, and you cannot free a slave whom you do not own."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14877
Sayyiduna Jabir (may Allah be pleased with him) said that the Prophet (peace and blessings be upon him) said: "A woman who is not your wife, you cannot divorce, and one whom you do not own, you cannot free."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14878
Sadaqah bin Abdullah al-Dimashqi (may Allah have mercy on him) said: I came to Muhammad bin al-Munkadir (may Allah have mercy on him) in a state of anger and said: "By Allah! You have declared Umm Salamah lawful for al-Walid bin Yazid." He said: "Not I, but the Messenger of Allah (peace and blessings be upon him)." Sayyiduna Jabir bin Abdullah (may Allah be pleased with him) heard the Messenger of Allah (peace and blessings be upon him) say: "A woman who is not your wife cannot be divorced, and a slave whom you do not own you cannot free."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14879
Sayyiduna Jabir (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no divorce before marriage, no freeing before ownership, no suckling (that establishes fosterage) after weaning, no continuous fasting (wisal), and no keeping completely silent for a whole day."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14880
Sayyiduna Jabir (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no suckling (that establishes fosterage) after weaning, no orphanhood after puberty, no freeing without ownership, and no divorce before marriage."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14881
Sayyiduna Mu'adh bin Jabal (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "Divorce is after marriage, and freeing is after ownership."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14882
Sayyiduna al-Hasan bin Ali bin Abi Talib (may Allah be pleased with him) said that divorce is after marriage.
(b) Mubarak bin Fadalah (may Allah have mercy on him) narrates from Sayyiduna al-Hasan (may Allah be pleased with him) that a man asked Sayyiduna Ali bin Abi Talib (may Allah be pleased with him). He said: I said: "If I marry such-and-such a woman, she is divorced." Sayyiduna Ali (may Allah be pleased with him) said: "If you marry that woman, nothing is due from you."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14883
Ata (may Allah have mercy on him) narrates from Abdullah bin Abbas (may Allah be pleased with him) that "Divorce is after marriage, and freeing takes place after ownership."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14885
Ikrimah (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with him) that "Divorce takes place after marriage."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14886
Ikrimah narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with him) that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) did not say this, and if he did say it, then it is a slip of a scholar, concerning a man who says: "If I marry so-and-so, she is divorced." Allah Almighty says: "O you who believe, when you marry believing women and then divorce them before you have touched them" [Surah al-Ahzab: 49]; Allah did not say: "When you divorce believing women and then marry them."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14887
Al-Mundhir bin Ali bin Abi al-Hakam said that his nephew proposed to his paternal uncle's daughter. They quarrelled with each other, so the young man said: "If I marry her, she is divorced, until I eat the fresh fruit of the date palm." Then he regretted what he had done, so al-Mundhir said: "I will explain this matter to you." Al-Mundhir said: I went to Sa'id bin al-Musayyib (may Allah have mercy on him) and said: "A man of ours proposed to his paternal uncle's daughter, and they quarrelled over some matter. That young man said: 'If I marry her, she is divorced.'" Ibn al-Musayyib (may Allah have mercy on him) said: "Nothing is due from him, because he divorced one who was not his wife."
(b) Then I asked Urwah bin al-Zubayr (may Allah have mercy on him) about this, and he said: "Nothing is due from him; he divorced one whom he did not own."
(c) Then I asked Abu Salamah bin Abd al-Rahman (may Allah have mercy on him), and he said: "Nothing is due from him; he divorced one whom he did not own."
(d) Then I asked Abu Bakr bin Abd al-Rahman (may Allah have mercy on him), and he said: "Nothing at all is due from him, because he divorced one whom he did not own."
(e) Then I asked Ubaydullah bin Abdullah bin Utbah bin Mas'ud (may Allah have mercy on him), and he said: "Nothing is due from him; he divorced one whom he did not own."
(f) Then I asked Umar bin Abd al-Aziz (may Allah have mercy on him), and he said: "Have you asked anyone?" So I named them to him. Then I came back and informed the people.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14889
Ma'mar said that al-Walid bin Yazid wrote to the governors of the cities that they should write to him about divorce before marriage, a matter with which he had been tried. So he wrote to his governor in Yemen. He summoned Ibn Tawus, Isma'il bin Sharus and Simak bin al-Fadl. Ibn Tawus reported from his father, Isma'il bin Sharus from Ata bin Abi Rabah, and Simak from Wahb bin Munabbih, that there is no divorce before marriage. Then Simak said on his own account: "Marriage is a knot that is tied, and divorce unties that knot; so how can a knot be untied before it is tied?" Al-Walid liked Simak's saying, adopted that very view, and wrote to his governor in Yemen to appoint him to the office of judge.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14890
Ali bin Husayn (may Allah have mercy on him) said that when a man says: "On the day I marry so-and-so, she is divorced", nothing at all is due from him.
(b) Al-Hasan bin Rawah al-Dabbi said: I asked Sa'id bin al-Musayyib, Mujahid and Ata (may Allah have mercy on them) about a man who says: "On the day I marry so-and-so, she is divorced", and nothing at all is due from him. And Sa'id bin al-Musayyib (may Allah have mercy on him) said: "O my nephew! Does a flood come before the rain?"
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 14891