939 – Jabir (may Allah be pleased with him) reported that the Messenger of Allah, peace and blessings be upon him, said: “There is no divorce except after marriage, and no emancipation except after ownership.” It was recorded by Abu Yaʿla, and al-Hakim declared it authentic, yet it is maʿlūl (1). Ibn Majah transmitted a similar report from al-Miswar ibn Makhrama; its chain is sound, but it too is maʿlūl (2).

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Hadith classification:
This hadith is graded hasan.
The author states: Abu Yaʿla narrated it, and al-Hakim authenticated it, saying, “I am astonished that the two Shaykhs omitted it, for it is authentic by their criteria through the narrations of Ibn ʿUmar, ʿAʾishah, Ibn ʿAbbas, Muʿadh ibn Jabal, and Jabir.” Nevertheless, it is defective, as al-Daraqutni said: “The correct version is mursal; Jabir is not in the chain.”

Yahya ibn Maʿin said: “The wording ‘No divorce before marriage’ is not soundly traced back to the Prophet, peace and blessings be upon him.”

Ibn ʿAbd al-Barr said: “It has been transmitted through various routes, but the hadith scholars consider them defective. It is, however, supported by what Ibn Majah recorded from al-Miswar ibn Makhrama with the same wording; its chain is hasan, yet it too is defective because of the disagreement over al-Zuhri.”

Al-Bayhaqi said: “The soundest hadith in this chapter is the narration of ʿAmr ibn Shuʿayb, from his father, from his grandfather, found in the Sunan collections: ‘A man has no divorce concerning what he does not own’ …”