What is the ruling on saying, "By divorce, if my wife says to me: 'I don't want you,' I won't keep her with me," if the wife has not yet been entered upon and is menstruating, and divorce was not intended or a specific intention for it was not made?

The question posed by the enquirer is ambiguous, but it implies that the phrase "علي الطلاق" (by divorce) is an oath of divorce. If the wife did not utter the phrase "ما بدي إياك" (I don't want you), then nothing occurs. However, if she did utter it, then the husband's intention behind his statement "ما بخليها عندي" (I won't keep her with me) must be considered. If he intended not to let her stay in his house, then divorce occurs if he does keep her in it. If he intended not to keep her under his conjugal bond, then divorce occurs if he holds onto her and does not divorce her. According to the majority of scholars, not having consummated the marriage or the onset of menstruation do not prevent the divorce from taking place.