Does a divorce occur by the husband's saying, "Divorced be I if you do not do such and such... then you are divorced," as a recurring threatening formula? And does the wife become divorced merely by his saying this without an explicit intention of divorce? And is expiation incumbent upon the husband?

The majority of scholars hold that swearing by divorce is like a suspended divorce (طلاق معلق) and takes effect upon the occurrence of the condition it is suspended upon. However, some scholars, such as Ibn Taymiyyah and Ibn al-Qayyim, differentiated, saying: If he intended divorce, then it is a suspended divorce that takes effect upon the occurrence of the condition it is suspended upon. But if he intended prevention and threat, then it is a suspended oath (يمين معلقة), and he must expiate for it with an expiation for an oath (كفارة يمين) upon the occurrence of the condition it is suspended upon.

As for his swearing that you would not leave the house and his then making you leave, it refers back to his intention. If his intention was your leaving without his permission, or your leaving of your own will, then divorce does not occur thereby. But if he intended leaving absolutely, then divorce occurs by his making you leave, according to the previous detailed explanation.

We emphasize that the matter of divorce is serious, based on the Prophet, peace and blessings be upon him, who said: "There are three matters whose seriousness is serious and whose jest is serious: marriage, divorce, and return (to a marital relationship)." Furthermore, it is not permissible to swear by divorce.