What is the opinion of scholars regarding informing about an oath of conditional divorce that was never actually sworn, but was merely an act of informing? And is that considered the creation of an oath, or a lie that carries no consequences?
If a man says, "I swear by divorce," and he is lying, then the established with us—which is the Hanbali —is that he does not become one who has sworn, and the divorce does not take effect religiously (diyānah), contrary to what has been affirmed in judgment (hukm). Meanwhile, the Hanafis hold that the divorce takes effect judicially (qaḍāʾan) but not religiously (diyānah). As for the Malikis, they differentiate between fatwa and judicial ruling; some of them believe that nothing is incumbent upon him in a fatwa except in cases of divorce and manumission if evidence is established against him, and it becomes binding upon him in a judicial ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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