Divorce Section · 7 – The Ruling of Talaq Before Marriage
Amr bin Shu'ayb, may Allah be pleased with him, narrated from his father, who narrated from his grandfather:
The Messenger of Allah, peace and blessings be upon him, said: “A divorce is not valid unless it comes from one who possesses [ownership]. One cannot manumit a slave whom one does not possess. One cannot sell that which one does not possess.” Ibn Sabbah added, "And vows are not fulfilled except for that which one possesses." [175]
EXPLANATION:
Just as a man has no authority to divorce a woman who is not yet in his marriage contract, he also has no authority to manumit a slave whom he does not own. Nor can he sell property that is not his.
It is narrated on the chain and meaning of the preceding hadith from Amr bin Shu’ayb: With this addition: “There is no obligation to fulfill the oath of one who swears by sin. Nor is it obligatory for one who swears to sever ties of kinship to fulfill his oath.”
In the preceding narration from Amr ibn Shu'aib, the narrator added: “There is no vow to be fulfilled except that which is sought for the sake of Allah’s pleasure.”