Different opinions from the same Imaam about the same issue
26-9-2006 | IslamWeb
Question:
As-salaam alay Kum brothers, I recently asked a clarification on my previous question and you just forwarded me two previously issued fatwas instead of answering my specific question. Please DO NOT forward me previous fatwas as I do need specific answer to my question below and those previous fatwas DID NOT answer my concerns. I was asking that why Imam Ahmad has two different opinions about the issue where a man makes a divorce statement before marriage by mentioning a specific woman by name? In your previous fatwa answer it said one of his opinion (along with the official opinion of Hanbali school) is that no divorce will take place. But your answer also said there is some other naration where Imam Ahmad said divorce will take place. Why the same imam has two different answers on this issue? Again please do not forward me the old fatwas and please do answer this specific question. Secondly, I asked that does Imam Shafaee also has two opinions on this same matter (uttering a divorce statement before marriage by mentioning a specific woman by name)? I do know Shafaee school's position is that no divorce will take place even if a woamn was mentioned by name but is same true for Imam Shafaee? Your answers to my specific questions is very much appreciated. Jazzak Allah
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It is not strange that there are different narrations from a given Imaam about a specific issue. It is most likely that the reason is due to the Imaam getting to know the preponderant opinion on the issue which is different from his first opinion. This is because the Imaams sought the truth and whenever they found it, they acted upon it and said it. Indeed, it is confirmed that one of the Imaams, who was Imaam Abu Haneefah 
said to one of his students: "Do not write everything I say, as I might say something today and withdraw it tomorrow." The different narrations could also be due to other reasons.
Therefore, the matter is as you read in the previous Fatwa that there are two narrations of Imaam Ahmad about the issue of divorcing before the marriage contract takes place.
As regards the Shaafi'ee School of jurisprudence, they only have one opinion about this issue, which is that divorce does not take place. Indeed, Imaam Ash-Shaafi'ee himself said in his book entitled Al-Um: "If a man says: "Every woman I will marry is divorced", or mentioned a specific woman, or says to a slave "if I own you, you are free", and then he marries or owns the slave, he is not required to do anything and no ruling applies to him, because the statement which implies a ruling took place when he was not married or owned the slave, so his statement is void."
Finally, it should be noted that whoever does not have a good grasp of religious knowledge by which he may understand the statements of the Imaams and find out the most preponderant among their opinions, then he should ask the scholars whom he trusts (regarding their knowledge and piety) and act upon what they say.
Allaah Knows best.