[Ruling on a Divorce Conditioned That She Not Marry So-and-so and So-and-so]

Answer—and Allah is the One who grants success and aid: The divorce has occurred, and the condition is void; thus, she may marry whomever she wishes. This may be evidenced by the ḥadīth of Barīrah: her owners sold her and stipulated for themselves the walāʾ; the Prophet (May Allah bless him and his family and grant them peace) approved the sale and invalidated the condition, then he (May Allah bless him and his family and grant them peace) said: “What is the matter with people who stipulate conditions that are not in the Book of Allah…,” etc.
The reason the condition is void in the ḥadīth of Barīrah is that her owners stipulated something contrary to what the contract of sale entails. From this, the scholars of the madhhab said—as in al-Azhār concerning marriage: “Nullify a condition contrary to what it entails…”—such as saying: “with the authority over her divorce in her hand,” or “with no mahr for her,” or “that he shall not take her away from near her family,” or “that her maintenance is upon her,” or “that authority over intercourse is in her hand.”
The ḥadīth of Barīrah is authentic—narrated by our Imāms (peace be upon them) and Ahl al-Sunnah—so it may be reliably used in such important matters.
Indeed, what we have stated is closest to justice, kindness, and maʿrūf (good conduct), which Allah, Exalted is He, has urged in His Book. We judged the divorce valid and invalidated the condition because of the harm it entails, which Allah, Exalted is He, and His Messenger (May Allah bless him and his family and grant them peace) have forbidden. He said—addressing husbands in particular: "Do not harm them…" (the verse) [At-Ṭalāq:6], and: "Then [there must be] retention in kindness or release with good treatment." [Al-Baqarah:229]; and in the well-known ḥadīth: “There is to be neither harming nor reciprocating harm.”
If we were to judge the condition valid, the divorcee might never be able to marry until she dies; for it could be that at the end of her life she would wish to marry a man among those stipulated against her; the harm therein is obvious, and it conflicts with Allah’s Book in His Most High saying: "Then [there must be] retention in kindness or release with good treatment." [Al-Baqarah:229]. To validate such a condition is in stark conflict with that.
A husband who stipulates such a condition is disobedient to Allah, contravening what Allah Most High has legislated, trifling with the Book of Allah, and transgressing the counsel of the Messenger of Allah (May Allah bless him and his family and grant them peace). Hence the Messenger of Allah (May Allah bless him and his family and grant them peace) said in the report of Barīrah: “What is the matter with people who stipulate conditions that are not in the Book of Allah nor in the Sunnah of His Messenger? The Book of Allah is more binding, and the Sunnah of His Messenger more reliable; and walāʾ belongs to the one who sets free.”
What we have stated is further supported by the known ḥadīth: “Whoever’s matter is not in accordance with our affair is rejected.” Based on this report, the condition mentioned in the question is rejected upon its proponent, due to its contravention of the Sharīʿah of Islam.
If it be said: The scholars of the madhhab and others judged innovated divorce valid, despite its contravention of the religion of Islam; they did not reject it upon the one who pronounced it.
We say: They did so in the matter of divorce due to evidences and indications that led them to its occurrence and validity; were it not for those, they would have judged it invalid and not occurring. The condition mentioned in the question has no proof for its consideration or validity; thus we have included it under the established principle in uṣūl: “A prohibition indicates the invalidity of the prohibited.” This is in addition to what we have already cited as evidence for not considering it.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1