What is the ruling on one who swore an oath of divorce upon his wife, saying: "Divorce upon me if you do not keep silent, you will not stay with me," and she kept silent, then after a short distance she spoke without his command for her to speak?

The majority of scholars hold that swearing by divorce results in the divorce taking effect if the condition sworn upon occurs, contrary to Ibn Taymiyyah, who holds that it necessitates an expiation for an oath (kaffarat yamin) if the intention was not to make the divorce conditional.

Regarding what was sworn upon, reference is made to the swearer's intention and purpose behind their words. If you intended only to prevent her from speaking at that moment, and she did not speak, you have not broken your oath. However, if you intended for her to be silent for a specific period, and she spoke during it, the divorce takes effect. You cannot retract it, as the majority of scholars hold that the husband does not have the right to retract a divorce that he has made conditional.

If your intention behind "you will not stay with me" was something other than divorce, such as intending that she not stay with you in the house or car, then divorce does not occur unless she stays with you in the manner you swore to prevent. As this issue requires further detail, it is preferable to present the matter to a Sharia court or trusted scholars.