Is a wife divorced if her husband sells her to another person, even if he intends divorce?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The sale of a wife does not result in divorce, even if the husband intends it. This view is held by Al-Thawri and Ishaq. The basis for this ruling is that sale involves the transfer of ownership for a price, whereas divorce is merely a dropping (of the marital bond) that does not inherently require compensation. Therefore, the sale does not effectuate divorce, similar to the utterance, 'Feed me and give me drink.'
Supporting text
Malik holds that she is divorced once and gains full control over herself, arguing that the act implies the removal of ownership from the husband, akin to a gift.