Is an act of divorce or manumission valid if conditional upon the acquisition of something the person does not yet own?
General Chapter
Al-Mughni
Book of Oaths
Primary text
There are conflicting narrations from Ahmad regarding divorce or manumission conditioned upon owning something, such as saying, 'If I acquire that person, he is free.' One narration states that neither divorce nor manumission occurs, a view attributed to Ibn Abbas and supported by Al-Shafi'i and Abu Thawr. This view is supported by the Hadith stating, 'There is no vow for the son of Adam concerning what he does not own, nor manumission, nor divorce concerning what he does not own,' which Al-Tirmidhi rated as sound (Hasan) and the best narration on the topic. Furthermore, one whose direct pronouncement of divorce or manumission is invalid (like a lunatic) should not have the legal capacity established through conditionality, and this was the position of several Companions, implying consensus.
Supporting text
The second narration from Ahmad states that manumission is valid, but divorce is not. This is because manumission is a right owed to the slave, whereas divorce is a right owed to Allah. Some jurists argue that divorce pronounced before marriage does not occur, while manumission does, citing the difference in obligation between a devotee of manumission and a devotee of divorce. A third narration suggests both divorce and manumission occur upon subsequent acquisition, aligning with the view of Al-Thawri and the People of Opinion, because conditional suspension is permissible for things like wills, vows, and oaths.