Is a first divorce counted if the husband said to his wife, "If you raise your voice like this again, I will divorce you," and then repeated, "You will remain divorced if you raise your voice," while the wife was angry and the husband was calm, knowing that he only intended to threaten?
What is clear is that the husband made his wife's divorce conditional on her not raising her voice, and the wife did so; therefore, the divorce takes effect. The majority of jurists hold that the divorce takes effect, whether the husband intended its occurrence or merely a threat. However, Sheikh al-Islam Ibn Taymiyyah was of the opinion that if a conditional divorce is intended for urging, preventing, or threatening, then it is an oath, and an expiation is due upon breaking it. The view of the majority is stronger, and Imam Muhammad ibn Nasr al-Marwazi, Abu Thawr, Ibn al-Mundhir, and others narrated a consensus on it. Accordingly, the divorce has occurred, and the husband may take his wife back before her waiting period () expires. According to Sheikh al-Islam, the divorce does not take effect; rather, only an expiation for an oath is required. It is preferable to present the matter to the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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