Does a divorce take place and is this considered the second divorce after the husband swore by divorce upon his wife if she smoked a shisha and she did, then he swore by it upon her again if she raised her voice or cursed the children and she did?

Divorce before consummation and privacy is an irrevocable divorce, and the husband does not have the right to take her back except with a new contract and a guardian. If the new marriage contract was concluded without a guardian, and the husband believed in the validity of the marriage according to the madhhab of Abu Hanifa, then the contract is valid, especially after a long period has passed. Consequently, the second divorce occurred to the wife, and the husband has the right to take her back before the expiration of her iddah. This is the fatwa we follow regarding divorce by oath, and it is the view of the majority of scholars.