Does divorce take place in the following two situations: 1. When the wife asks her husband: "Are you going to the device and divorcing me with three?" and the husband shakes his head defiantly without intending divorce, then whispers about his intention plague him? 2. When the husband says to his wife: "If you tell anyone about my financial and social privacy, then you are divorced" twice, and "If you go out in this abaya, then you are divorced" once, and does divorce take place if she does that inadvertently?

What you did, moving your head in response to your wife's question about divorce, is considered a gesture. A gesture, according to the majority of jurists, does not constitute a divorce, except in the case of a mute person who is unable to speak, if their gesture is understood. This is contrary to the Maliki school of thought, which holds that divorce occurs through an understandable gesture even from someone who is not mute.

Regarding conditional divorce, a divorce made conditional on the occurrence of an event takes effect when that event occurs, unless your intention was restricted to a specific time or situation. Intention specifies the general and restricts the absolute. Therefore, the matter depends on your intention at the time of making the condition: did you intend to make the divorce conditional in any circumstance and at any time, or did you intend a specific situation or period?

If your wife did what the divorce was conditioned upon out of forgetfulness, the determining factor is your intention: did you intend for her to do it deliberately or not? In such matters, it is advisable to refer to the Sharia (definition) courts.