Swearing to Divorce is Not Counted if it Was Done With the Intention of Emphasizing Something
Question :
What is the opinion of Your Eminence regarding a man who swore an oath of divorce three times to a Muslim brother in order that he perform a certain task, but that task was not performed. Is the oath effective upon his wife? And what is the ruling of Islam if that oath was not fulfilled?
Answer:
If a person swears divorce three times that a person must do such-and-such, saying for example: "I must divorce (my wife) three times if so-and-so speaks," or: "I must divorce (my wife) three times if you do not carry out such-and-such a banquet," or: "I must divorce (my wife) three times if you do not marry so-and-so."
Here his intention must be examined: If his intention was emphasis and not to pronounce divorce, then the ruling will be that of an oath, for which he must make an atonement, which is to feed ten poor persons or clothe them, or to free a believing slave. If he is not able to do that, then he must fast for three days.
However, if his intention was to pronounce divorce, then it counts as one divorce, according to the correct view, and he may take back his wife as long as he has not divorced her twice before.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 6 Page 64
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