Does divorce occur if the tenant does not leave the apartment which he swore by divorce to vacate, without specifying a time for departure?

If the husband specifies a time for departure, whether verbally or by intention, the divorce takes effect upon the expiry of that time without his departure. However, if he does not specify a time, the preponderant opinion is that it is open-ended (على التراخي), and the divorce does not take effect until one of the spouses dies. Ibn Qudamah mentioned that the particle "if" (إن) for a condition does not necessitate a specific time unless there is an indication. Accordingly, the oath is considered open-ended if no time is intended, and he does not break his oath by delaying until one of them dies, at which point the divorce becomes effective. It is permissible for the husband to have intercourse with his wife in this situation before the oath is broken, because the marriage is valid and no divorce has occurred. The divorce takes effect at a time when intercourse is no longer possible.