Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
A bachelor (unmarried man) says, “I will divorce her,” before he has actually married anyone. Later, he does marry. Does divorce take effect?
This is considered a meaningless (laghw) statement.
➤ Divorce does not take effect merely by uttering it before marriage, because divorce is only valid when a marriage contract exists.
Sayyidunā ʿAbdullāh ibn ʿUmar رضي الله عنهما narrated that the Messenger of Allah ﷺ said:
لَا طَلَاقَ فِيمَا لَا يَمْلِكُ وَلَا عِتْقَ فِيمَا لَا يَمْلِكُ
Translation:
"There is no divorce for that which one does not own, and no emancipation for that which one does not own."
Musnad Aḥmad: 2/189, 207
Sunan Abī Dāwūd: 2190
Sunan al-Tirmidhī: 1181
Sunan Ibn Mājah: 2047
Chain of narration is ḥasan (reliable).
➤ If a man has not yet married, any statement of divorce is null and void.
➤ Divorce only applies when the individual is legally married to someone.
➤ The Prophet ﷺ clearly declared that one cannot issue divorce or emancipation over what he does not possess.
❖ Question:
A bachelor (unmarried man) says, “I will divorce her,” before he has actually married anyone. Later, he does marry. Does divorce take effect?
✿ Answer:
This is considered a meaningless (laghw) statement.
➤ Divorce does not take effect merely by uttering it before marriage, because divorce is only valid when a marriage contract exists.
✦ Ḥadīth Evidence:
Sayyidunā ʿAbdullāh ibn ʿUmar رضي الله عنهما narrated that the Messenger of Allah ﷺ said:
لَا طَلَاقَ فِيمَا لَا يَمْلِكُ وَلَا عِتْقَ فِيمَا لَا يَمْلِكُ
Translation:
"There is no divorce for that which one does not own, and no emancipation for that which one does not own."
Musnad Aḥmad: 2/189, 207 Sunan Abī Dāwūd: 2190 Sunan al-Tirmidhī: 1181 Sunan Ibn Mājah: 2047 Chain of narration is ḥasan (reliable).
Summary:
➤ If a man has not yet married, any statement of divorce is null and void.
➤ Divorce only applies when the individual is legally married to someone.
➤ The Prophet ﷺ clearly declared that one cannot issue divorce or emancipation over what he does not possess.
