Is a "talaq" (divorce) counted if an oath of divorce was sworn upon someone other than the wife, and the intention was not divorce, such as saying to someone: "It is forbidden, your lunch tomorrow is with us," and he did not come?

Scholars have differed on the ruling regarding swearing by divorce. The majority of them hold that divorce occurs absolutely upon breaking such an oath. Ibn Taymiyyah, however, is of the view that if swearing by divorce is done without the intention of divorce, then the one who swore must offer an expiation for an oath (kaffarat yamin). Scholars have also differed on swearing by something being unlawful (tahrim). Some have gone to say that it is zihar, others that it is divorce, and yet others that it is an oath. Some differentiate between one who intends divorce, zihar, or an oath by tahrim.

So, if you swore to someone by tahrim that they should have lunch with you, and they did not come, you have broken your oath, and what you intended by tahrim occurs. If you did not intend divorce or zihar, then it is an oath, the expiation for which is feeding ten poor people or clothing them.

One should be cautious about swearing by divorce or tahrim, as it is not legislated.