Does a divorce occur if a man says to his wife: "If I have intercourse with you, you are divorced," or "If I sleep with you, you are divorced," with the intention of divorce? And is foreplay without penetration considered intercourse that would cause a divorce to occur?
A conditional divorce, intended to take effect upon the fulfillment of the condition, is an enforceable divorce. If you have intercourse with your wife after suspending the divorce, a divorce () falls upon her. If this is the third talaq, she becomes irrevocably divorced from you (baynunah kubra). In this case, the husband is commanded to divorce and intercourse becomes forbidden to him due to the occurrence of the irrevocable divorce. As for enjoying what is short of intercourse, it results in the oath being broken if you intended to avoid her absolutely. However, if you intended to refrain from vaginal intercourse specifically, then it does not result in the oath being broken. It is advisable to present the matter to a court or to trusted scholars.
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