Is the "divorce by oath" pronouncement counted if consummation with the wife has not occurred, knowing that the marriage contract has been concluded?

Divorce takes effect on the wife simply by virtue of a valid marriage contract, and consummation is not a condition for its occurrence. If it occurs before consummation, it is an irrevocable divorce (Talaq Bain), after which the husband does not have the right to take her back except with a new contract.

If the husband conditioned the divorce on the wife doing a specific act, and she did it forgetfully, while being mindful of his oath, then the preponderant opinion with us is that the divorce does not occur. This is the apparent view of the Shafi’i school and a narration from Imam Ahmad, and it was chosen by Sheikh al-Islam Ibn Taymiyyah.

According to this opinion, no divorce is counted against the husband, and there is no need to take her back, as the divorce did not originally occur.

According to the opinion that divorce does occur - which is the view of the majority of scholars - if there was a valid seclusion (khalwa shar’iyya) between you, then the revocable return (raj'ah) is valid according to the Hanbalis, contrary to the view of the majority.

If there was no valid seclusion, then a minor irrevocable separation (baynunah sughra) has occurred due to the divorce, and consequently, she is not permissible for her husband except with a new contract.