Does a divorce occur with the words, "You are divorced from me by three if I prefer my wife over you," and what are the consequences if it does?

A contingent divorce takes effect if the condition it is contingent upon occurs, according to the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah held the view that if the husband intended deterrence and prevention, then it is an oath requiring expiation. The preponderant opinion is that the divorce takes effect when the condition it is contingent upon occurs.

Determining the manat (the effective cause) refers back to the husband's intention and purpose. If the intention was not to prefer the wife over the mother in inclination and love, then the wife being distinguished in material needs does not cause harm. However, if the intention was not to prefer her in material matters, then the divorce takes effect if he materially prefers her over the mother.

If there was no specific intention, then the custom (urf) is the reference point. If the treatment of the wife, according to custom, involves preferring her over the mother, then the divorce takes effect; otherwise, it does not.