Does a major irrevocable divorce (talaq bain baynunah kubra) occur if the husband says to his wife in front of a judge: "Living with you is forbidden, and I seek refuge in Allah from you," and then sends a text message to the wife's family after the judge's ruling, saying: "Congratulations on your daughter's divorce"?

If a man says to his wife: "You are unlawful to me," scholars have differed regarding its ruling. The preponderant view is that if he intended divorce, or ẓihār, or an oath, then the ruling is according to his intention. If he did not intend anything, then he must pay the expiation for an oath (kaffārat yamīn). This is the view of Abu Hanifa and Al-Shafi'i, and it is supported by the ḥadīth of Ibn Abbas, may Allah be pleased with them both: "If a man declares his wife unlawful to him, it is an oath for which he must pay expiation."

The difference between cases of intention: 1. Oath: If he intended to abstain from something, whether conditional or immediate, as in the Almighty's saying: "O Prophet, why do you prohibit what Allah has made lawful for you, seeking to please your wives?... Allah has already ordained for you the dissolution of your oaths." 2. Divorce: If by his statement "You are unlawful to me" he intended to separate from his wife, then it is a divorce. 3. Ẓihār: If he intended that she is unlawful to him like his mother.

The Maliki madhhab in this case is the occurrence of three divorces. The judge's ruling settles the dispute, so it is obligatory to act upon it, and it is not permissible to contravene it.