Does a man's saying "By divorce" before consummation affect the ruling that divorce does not occur, knowing that he remained silent after saying it and did not intend divorce?

The wife's being undivorced does not affect this issue, and there is no difference between her and one who has been divorced. The fatwa by Alish Al-Maliki, which we mentioned, confirms this. It concerned an undivorced wife, and its text states that divorce does not occur if the husband says, "Upon me be divorce thrice," and then falls silent, as Imam Malik answered.