Does a man's saying to his wife, "By Haram, you will not go to it again," with the intention of divorce if she disobeys, entail an expiation for breaking an oath (kaffarat yamin) or an expiation for dhihar (kaffarat dhihar)? And is it permissible for him to have intercourse with her before performing the expiation? And what are the consequences for someone who gives a fatwa contrary to this?

Most scholars are of the view that prohibiting one's wife with the intention of divorce constitutes a divorce, not ẓihār. This is the madhhab (definition) of Malik, Abu Hanifa, and Al-Shafi'i, and it is supported by the Prophet's saying: "Deeds are only by intentions." So, if the husband intended divorce when he said to his wife, "You are unlawful to me," and the condition for breaking the oath (al-ḥinath) occurred, then a divorce takes place, and he is not required to pay the ẓihār expiation. As for the apparent view of Imam Ahmad's madhhab, it is that prohibiting one's wife is considered ẓihār, even if divorce was intended. No expiation for an oath is required.