The husband saying, “I divorce you a thousand times if you do such and such”

Question:
Honorable Shaykh, may Allah grant you success. If a husband says to his wife in a state of anger, “I divorce you a thousand times if you do this thing,” and she does it, and the husband is ignorant of the details of divorce, having said it only as a threat, with no intention of divorce whatsoever, what is the ruling on this matter?

Answer:
The majority hold that the divorce takes effect because he uttered the explicit formula and made it conditional; if the condition is met, the consequence follows. This is the position of the majority. Shaykh Taqi al-Din chose the view that if he intended to bind her and swear an oath, it is treated as an oath. He owes the expiation for an oath, and the divorce does not take effect because he intended an oath, like saying, “By Allah, if you enter, I divorce you if you enter.” He says this is not his intention; his intention is to bind and compel her, so it is treated as an oath. This is the Shaykh’s choice, but it is contrary to the position of the majority.