What is the religious ruling regarding a husband who swore an oath of divorce to his wife twice, saying "I divorce you if you do not spend the night there" and "I divorce you if you leave and do not return until I return," and his wife did not comply the first time, and the second time she traveled?

1. If a husband swears an oath using the phrase "Upon me be divorce" that his wife will not spend the night in her apartment, and then she does, a single divorce is incurred according to the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah considers this an oath for which expiation is due if the husband did not intend divorce.

2. The second oath of divorce: If the husband swears to his wife that if she leaves the house, she will not return until after he comes back from his journey, then divorce does not occur unless the violation takes place. If the wife returns before he comes back, divorce occurs if she was under his marital bond at the time of breaking the oath; otherwise, it does not. Shaykh al-Islam Ibn Taymiyyah holds that this is an oath for which expiation is due if the husband did not intend divorce.

3. If the husband did not utter an oath of divorce for the third instance, then nothing is incumbent upon him.

4. Anger does not prevent the occurrence of divorce unless it is so severe that the husband loses awareness of what he is saying.