Does divorce occur if a husband swears to his wife by divorce that she must travel before Eid, and she does not travel, knowing that his intention was merely to threaten her, and this is their second divorce?

The majority of scholars, including the four Imams, hold the view that a divorce oath takes effect upon the breach of the condition. Some scholars, like Sheikh al-Islam Ibn Taymiyyah, are of the opinion that if the intention was for the divorce to occur, then it is a conditional divorce. However, if the intention was to prevent or to threaten, then an expiation for a broken oath (kaffarat yamin (definition)) is due. Based on this, if the husband swore by divorcing his wife if she traveled before Eid, and she did not travel, then the divorce is effective according to the majority of scholars, and this is the preponderant opinion, even if he intended to threaten.

As for Sheikh al-Islam Ibn Taymiyyah, an expiation for a broken oath (kaffarat yamin) is required if the intention was to threaten.

If the divorce occurs — which is the preponderant view — the husband may take his wife back before she gives birth, if it was the second divorce. The retraction can be done by word or by intercourse and its preliminaries, even without the intention of retraction, according to some scholars.