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Oath of Men to Divorce while Not yet Married

Yahya related to me from Malik that he had heard thatUmar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibnMasud, Salim ibn Abdullah, al-Qasim ibn Muhammad, IbnShihab,and Sulayman ibn Yasar all said, "If a man hasvowed to divorce his wife before marrying her and then hebreaks his vow, divorce is obligatory for him when hemarries her."

Yahya related to me from Malik that he had heard thatAbdullah ibn Masud said that there was nothing binding onsomeone who said, "Every woman I marry is divorced," ifhe did not name a specific tribe or woman.

Malik said, "That is the best of what I have heard."

Malik said about a man saying to his wife, "You aredivorced, and every woman I marry is divorced," or thatall his property would be sadaqa if he did not dosuch-and-such, and he broke his oath: "As for his wives,it is divorce as he said, and as for his statement,'Every woman I marry is divorced', if he did not name aspecific woman, tribe, or land, or such, it is notbinding on him and he can marry as he wishes. As for hisproperty, he gives a third of it away as sadaqa."