What is the ruling if a husband says, 'You are divorced before I married you'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The ruling is the same as when he says, 'You were divorced yesterday.' The apparent ruling, supported by the fundamental position of Ahmad, is that no divorce occurs because it pertains to a time that precedes the marriage, which implies an impossibility for a new divorce to occur, similar to stating divorce occurred yesterday.
Supporting text
Al-Qadi records a view from Abu Bakr stating that if he says, 'You are divorced before I married you,' the divorce occurs, but if he says, 'You were divorced yesterday,' it does not occur. The distinction is that 'before I married you' is conceivable as a time preceding a potential second marriage, meaning the divorce could occur in the present moment relative to that prior time frame, like saying, 'You are divorced before Zayd arrived.' If the husband intended by saying 'You were divorced yesterday' or 'before I married you' to effect the divorce immediately, relying on that time reference, the divorce occurs instantly.