Does a divorce take effect if the husband swears an oath of divorce upon his wife to do something, and she delays in doing it or disobeys him, and is she now considered divorced three times, and therefore forbidden to him?

The majority of jurists hold that divorce occurs if a man swears an oath of divorce upon his wife, conditioned on her doing or not doing something at a specific time, and she fails to do or not do it at that time.

A group of scholars, however, are of the view that the matter depends on the intention of the one who swore the oath: if he intended to make the divorce contingent, then it occurs upon breaking the oath; but if he intended merely a threat, then he must pay an expiation for an oath.

The husband should be cautious and not take the pronouncement of divorce lightly. He should refer the matter to the Sharia court.