Only check for workdir conflicts if the index has merged files Passing 0 as the length of the paths to check to git_diff_index_to_workdir results in all files being treated as conflicting, that is, all untracked or modified files in the worktree is reported as conflicting
diff --git a/src/merge.c b/src/merge.c
index 926a600..341f9a6 100644
--- a/src/merge.c
+++ b/src/merge.c
@@ -2347,6 +2347,16 @@ static int merge_check_workdir(size_t *conflicts, git_repository *repo, git_inde
*conflicts = 0;
+ /* We need to have merged at least 1 file for the possibility to exist to
+ * have conflicts with the workdir. Passing 0 as the pathspec count paramter
+ * will consider all files in the working directory, that is, we may detect
+ * a conflict if there were untracked files in the workdir prior to starting
+ * the merge. This typically happens when cherry-picking a commmit whose
+ * changes have already been applied.
+ */
+ if (merged_paths->length == 0)
+ return 0;
+
opts.flags |= GIT_DIFF_INCLUDE_UNTRACKED;
/* Workdir changes may exist iff they do not conflict with changes that