Is it considered a divorce if a man says to his wife: "I divorce you by three if you speak to so-and-so, you are divorced," and his intention was not divorce, then that person contacts her and the wife says to him: "Please, my husband warns me against you"?

Scholars have differed regarding the ruling on one who says to his wife: "I divorce you if you do such-and-such," or "You are divorced if you do such-and-such," when he does not intend to effect a divorce but rather to threaten. There are two opinions:

1. The first opinion: The divorce takes effect if the condition upon which it was suspended is met, and three divorces occur according to the implication of the wording. 2. The second opinion: The divorce does not take effect, but rather the one who said it must pay an expiation for an oath (kaffarat yamin).

The fulfillment of the condition is referred back to the intention of the one who swore the oath. If he intended any communication between the woman and the person concerned, then the condition has been met. But if he intended a specific conversation or a particular topic and it did not occur, then the condition has not been met.

It is recommended to adopt the first opinion because it is more cautious and absolves one's responsibility. However, if one adopts the second opinion, it is permissible. It is also permissible to refer to the Sharia courts.