What is the ruling regarding a man saying to his wife, "By divorce, you will not do such and such," and she does what he forbade her from doing, knowing that he did not intend divorce but rather his goal was to admonish her?
The majority of scholars hold that a divorce sworn by takes effect upon the occurrence of the breach, and this is the most preponderant opinion. So, if a husband swears by divorce that his wife will not do a specific thing, then by her doing it, she is considered divorced according to the majority, including the four Madhhabs, even if the husband did not intend to divorce her. This divorce is considered a single revocable divorce, and the husband may take her back before her (waiting period) is complete, provided he has not completed three divorces. However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him are of the opinion that an expiation for a broken oath (kaffarat ) is due if the husband did not intend divorce.
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