Does a divorce oath take effect if one swears not to bathe, but only washes one's hair?

Scholars differ regarding the ruling on swearing an oath by divorce and making it contingent on a condition. The majority of them hold that divorce occurs absolutely upon breaking the oath, and this is the relied-upon opinion for fatwa (definition). Shaykh al-Islam Ibn Taymiyyah is of the view that swearing an oath by divorce with the intention of emphasizing something or preventing something does not result in divorce; rather, the one who swore the oath must offer an expiation for a broken oath (kaffarat yamin (definition)).

Accordingly, the relied-upon opinion for fatwa with us is that divorce occurs if your husband breaks his oath, and whether he has broken it depends on his intention. If he had no specific intention, then what matters is the reason for the oath. If he intended only to prevent you from taking a full bath (ghusl (definition)), then he has not broken his oath by you merely washing your hair. However, if he intended to prevent you from taking a full bath and anything less than that, then he has broken his oath, and divorce has occurred.

If this pronouncement of divorce does not complete the three divorces, then he may take you back (raj'ah) before your waiting period ('iddah (definition)) ends. It should be noted that swearing by divorce is not permissible; rather, what is permissible is swearing by Allah the Almighty.