Azami 6563

Abu Dawud (2190), Tirmidhi (1181), Nasai (4613), Ibn Majah (2047), Ahmad (6769), Ibn Jarud (743), and Hakim (205/2) all narrated it, through many routes, from Amr bin Shuayb, from his father, from his grandfather, and he related it. Some of them abridged it, keeping only some parts.Tirmidhi said, "hasan sahih, and it is the best thing narrated on this topic." Hakim remained silent about it, but Dhahabi said in Talkhis, "sahih." I say, its chain is hasan because of Amr bin Shuayb, whose narrations are considered hasan.This hadith was narrated in this manner by Amir Ahwal, Matar Warraq, Abdul-Rahman bin Harith, Habib Muallim, and Husayn Muallim, all of them from Amr bin Shuayb, from his father, from his grandfather. Ibn Jurayj differed from them, narrating it from Amr bin Shuayb, from Tawus, from Muaz bin Jabal, that the Messenger of Allah ﷺ said, and he related the hadith. This route was narrated by Abdul-Razzaq (418417/6), Tabarani in Kabir (20/166), Daraqutni (14/4), Hakim (419/2), and Bayhaqi (7/320). Hakim and Dhahabi were both silent about it, but this is an anomalous narration, since Ibn Jurayj differed from the group who narrated it from Amr bin Shuayb, from his father, from his grandfather. Daraqutni was asked about the hadith of Tawus, from Muaz bin Jabal, so he explained the disagreement regarding Amr, and he favored the narration of Amr bin Shuayb, from his father, from his grandfather, Ilal (65/6).On this topic there are narrations from Ali, Muaz bin Jabal, Jabir, Ibn Abbas, and Ayesha, but they are all defective, and nothing is sahih on this topic except the hadith of Amr bin Shuayb, from his father, from his grandfather.It was narrated that Ibn Abbas said, "Ibn Masud did not say this, and even if he did say it, it was a slip from a scholar," regarding the man who says, "If I marry so-and-so, she is divorced." Allah said, "O you who believe, when you marry believing women and then divorce them before you have touched them" [Ahzab 33:49], and He did not say, "When you divorce believing women and then marry them."Hakim narrated it (205/2), and from him Bayhaqi (321/7), through the hadith of Ali bin Hasan bin Shaqiq, who said, Husayn bin Waqid and Abu Hamza both narrated to us, from Yazid Nahwi, from Ikrima, from Ibn Abbas, and he related it. Hakim said, "A hadith sahih in its chain." I say, its chain is hasan, Husayn bin Waqid has some minor criticism against him, but he was corroborated.Bukhari mentioned it as a suspended report (381/9, printed with Fath al-Bari).Khattabi said in Maalim Sunan, "As for his saying, 'There is no divorce,' its meaning is the negation of the ruling of a divorce pronounced unconditionally upon a woman before she is possessed through a marriage contract. This entails the general negation of its occurrence, whether it concerns a specific woman or unspecified women. People have differed on this. It was narrated from Ali, Ibn Abbas, and Ayesha that they did not consider divorce valid except after marriage, and this was also narrated from Shurayh, Ibn Musayab, Ataa, Tawus, Saeed bin Jubayr, Urwa, Ikrima, and Qatada, and this is the view Shafii held. It was narrated from Ibn Masud that divorce can take effect before marriage, and Zuhri held the same view, and it was the view held by the proponents of reasoned opinion.Malik, Uzai, and Ibn Abu Layla said, 'If he specifies a particular woman, or says, from a certain tribe, or a certain town, it is valid, but if he generalizes, it counts for nothing.' Rabia bin Abu Abdul-Rahman said likewise, and Sufyan Thawri said something similar regarding one who says, for a year, or for a known time. Ahmad bin Hanbal and Abu Ubayd said, 'If he had married, he is not ordered to separate, and if he had not married, he is not ordered against marrying. Something similar to this has been narrated from Uzai.'"The Shaykh said, "The people most fortunate regarding this hadith are those who took it at face value and applied it in its general sense, since there is no argument for those who differentiate between one case and another, and the hadith is a hasan hadith."Abu Isa Tirmidhi said, "I asked Muhammad bin Ismail, saying, 'What is the most sahih narration regarding divorce before marriage?' He said, 'The hadith of Amr bin Shuayb, from his father, from his grandfather.'" Ibn Abbas was asked about this, so he recited His words, "O you who believe, when you marry believing women and then divorce them" [Ahzab 33:49]. Here ends the words of Khattabi.Bukhari, in Fath al-Bari (381/9), Tirmidhi, and Bayhaqi (317/7–320) mentioned a great number of reports concerning the non-occurrence of divorce and manumission in such cases. Then Bayhaqi said, as quoted in Fath, "These reports indicate that most of the companions and the successors understood from them that a divorce or manumission conditioned before marriage or ownership does not take effect once it occurs. The interpretation of the opponent, who restricts the non-occurrence to the case where ownership has already taken place, while occurrence takes effect if it happens afterward, amounts to nothing, because everyone already knows that no occurrence takes place before the existence of a marriage contract or ownership. So no benefit would remain in these reports, unlike when we take them at face value, for then there is a benefit, namely informing that no occurrence takes place even after the contract exists. This supports the view we have adopted, of taking the reports at their apparent meaning." End of quote.I did not find this text in the printed edition of Sunan al-Kubra, in the chapter on divorce before marriage, at the pages referenced above, so verify the source of this statement.