What is the ruling on one who swears by divorce while he is not married?
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The questioner : What is the ruling on saying, "Upon me is divorce," when he has not married?
The Shaykh : And what does he divorce? Yes?
The questioner : Leave it.
The Shaykh : No. This is idle talk. Idle talk. But if a person says, "If I marry this woman, she is divorced," and he marries her, is she divorced? She is not divorced, because divorce does not occur except after marriage. And this is suspending the divorce before he marries her. So she is not divorced. Allah the Exalted said:[Al-Ahzab 33:49] This indicates that divorce does not occur except after marriage. Good. The scholars said: If a person says, "If I own this slave, he is free," and he owns him, then he is freed. They distinguished between the two cases by saying that a man does not marry in order to divorce, but he buys a slave in order to free him. Yes.
The Shaykh : And what does he divorce? Yes?
The questioner : Leave it.
The Shaykh : No. This is idle talk. Idle talk. But if a person says, "If I marry this woman, she is divorced," and he marries her, is she divorced? She is not divorced, because divorce does not occur except after marriage. And this is suspending the divorce before he marries her. So she is not divorced. Allah the Exalted said: