Is swearing by that which is permissible—like divorce—not considered among the oaths of the wicked?

Scholars have differed regarding swearing by divorce and manumission. The Maliki and Shafi'i schools, and one narration from the Hanbali school, are of the view that it is forbidden. The disagreement regarding its reprehensibility stems from whether an oath includes both particles of swearing and conditional clauses, or if it is restricted to particles of swearing only, because a conditional clause is not for glorification but for emphasis. The Hanafis have mentioned this difference of opinion. The Malikis hold that swearing by divorce is among the oaths of transgressors (fussaq), and they based this on the hadith: "Do not swear by divorce and manumission, for they are among the oaths of transgressors," despite its attribution to the Prophet, peace and blessings be upon him, not being established. The Malikis considered this type of oath a blemish on the character of anyone who habitually uses it, and the one who does so is to be disciplined.