from it, it is not accepted because it is not susceptible to what he said, and if it had occurred, it is subject to two scenarios.

Section: If he says, "I have sworn by divorce," or says, "A divorce oath is upon me," and he had not actually sworn, nothing is incumbent upon him between himself and Allah Almighty, but that which he acknowledged in the legal ruling is binding upon him. This was mentioned by al-Qadi and Abu al-Khattab. Ahmad said, in a narration by Muhammad ibn al-Hakam, regarding a man who says: "I have sworn by divorce," when he had not sworn: "It is a lie; there is no oath upon him." This is because his saying, "I have sworn," is not an oath; rather, it is a report about an oath. Since he was lying in it, he does not become one who has sworn, just as if he were to say, "I have sworn by Allah," while being a liar. Abu Bakr chose the view that what he acknowledged is binding upon him in the legal ruling. It is narrated in "Zad al-Musafir" from al-Maymuni, from Ahmad, that he said: "If he says, 'I have sworn by divorce,' and he had not sworn, divorce becomes binding upon him, and he is referred back to his intention regarding whether it was three [divorces] or one." Al-Qadi said: "The meaning of Ahmad's statement, 'Divorce becomes binding upon him,' implies in the legal ruling. It is also possible that he intended that it becomes binding upon him if he intended divorce by it, thus treating it as an allusion to it; that is why he said, 'He is referred back to his intention.'" As for one who intended to lie, he has no intention for divorce, so nothing occurs by it because it is neither an explicit [expression] of divorce nor did he intend divorce by it; therefore, no divorce occurs by it, like all other allusions. Al-Qadi mentioned in the Book of Oaths, regarding one who says, "I have sworn by divorce," when he had not sworn: "Does divorce occur by it?" There are two narrations.

1262 - Issue: He said: "And if he gifts his wife to her family, and they accept her, it is one [divorce], and he possesses the right of return (raj'ah) if the marriage had been consummated. And if they do not accept her, then there is nothing."