Does a divorce occur to my wife if I swear by divorce, saying "علي الطلاق لأفعل كذا" (By divorce, I will do such and such), and my intention was to emphasize the action, and my maternal uncle did this action instead of me? And what is the expiation if no divorce occurs?

Scholars have differed regarding the ruling on swearing by divorce if the oath is broken. The majority of scholars hold that the divorce takes effect, while some scholars, such as Ibn Taymiyyah, are of the opinion that an expiation for an oath (kaffarat yameen) is required, and the divorce does not take effect. Accordingly, according to the opinion of the majority – which is the relied-upon opinion – divorce takes effect if you break your oath. You may take your wife back if this was the first or second divorce before the ‘iddah (definition) (waiting period) ends. It is sufficient to say: "I take my wife back," and it is recommended to have witnesses for the return. We draw attention to the fact that swearing by other than Allah – such as by divorce – is impermissible.