Does a husband's divorce pronouncement against his wife take effect if he says to her: "If I see you placing a personal photo of yourself on Facebook or WhatsApp, consider yourself divorced, and this is a true oath of divorce, and it will take effect, and it will be the third divorce," and then he sees her having placed the same photo a few days later?
The adopted is that a conditional divorce takes effect when the condition is met, regardless of whether the intention was to effect the divorce, to threaten, or to emphasize. This is the view of the majority of scholars. Some scholars, like Ibn Taymiyyah, held that if the intention was to threaten and not to effect the divorce, then it does not take effect, and an expiation for a broken oath (kaffarat yameen) is required. Since the questioner intended to effect the divorce if his wife kept her picture on Facebook or WhatsApp, and if she was able to remove it but became preoccupied (and did not remove it), then the divorce has occurred. If this was the third divorce, then she is irrevocably divorced from him (baynunah kubra). It is advisable to present the matter to trustworthy scholars in his country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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