Does divorce take place if the husband says to his wife: "If you don't keep quiet, you are divorced; I want you to speak," and then the wife speaks after the oath without quarreling or raising her voice, knowing that the husband does not remember what he said?

The fundamental principle concerning a marital dispute over divorce is that, in a judicial setting, the husband's statement is to be accepted. However, between the spouses themselves, if the husband knows his wife is truthful, he must act according to her statement.

If the wife is certain that she has been divorced three times and the husband denies it, it is not permissible for her to remain with him, and she must seek a khul‘ (divorce at the wife's instance).

However, if the divorce was less than three times, the husband's mere act of intercourse with his wife is considered a revocation of the divorce (raj‘ah).

To determine whether the husband has violated his oath, his intention must be ascertained. If he intended an absolute prohibition, he has violated it. If he intended a prohibition restricted to a specific condition, then his violation is confined to what he intended.