Is the wife considered divorced for the second time if she spent the night at her mother's house after marriage, after the husband swore an oath of divorce that she would be forbidden to him if she stayed there, knowing that he was angry at the time of the oath?

If a husband divorces his wife before consummation, she becomes irrevocably separated from him, and he cannot take her back except with a new marriage contract. He must distance himself from her immediately before renewing the contract. As for the divorce conditioned on her spending the night at her mother's house, it is not binding on him, because she was not under his marital bond at that time.

If he takes her back with a new contract and swears an oath of divorce if she spends the night at her mother's house: If she does not spend the night there, nothing is binding on him. If she spends the night there and he intended that this be without his permission, then he does not break his oath if he gives her permission; because "the basis of an oath is on the intention of the swearer." If he intended to make the divorce conditional on her spending the night there absolutely (whether he permitted it or not), and she did spend the night at her mother's house, then divorce occurs according to the majority of scholars, and she would be divorced twice. Shaykh al-Islam Ibn Taymiyyah said: He must pay an expiation for breaking an oath if he did not intend divorce.

However, if his anger was so severe that he did not comprehend what he was saying, then his oath is not binding, and nothing is required of him if the wife spends the night at her mother's house.