Does a divorce occur if the husband swears by saying "you are divorced" or "divorce be upon me" that his wife will not utter a specific word, and then she utters it while alone without the husband's knowledge, knowing that the husband did not actually intend divorce?

If a husband swears an oath of divorce or makes his wife's divorce contingent on her uttering a specific word, and she utters it in his absence, the ruling depends on his intention:

1. If he intended to absolutely prevent her from uttering the word, or if the reason for his oath necessitated that, then he has broken his oath, and divorce has occurred according to the majority of scholars, unless she uttered it out of forgetfulness. However, Ibn Taymiyyah holds that divorce does not occur if he did not intend it, and he is obligated to offer an expiation for breaking an oath (kaffarat yamin).

2. If he intended to prevent her from uttering the word only in his presence, then the husband has not broken his oath, and divorce has not occurred.

Given the detail involved in this issue, it is advisable to present it to a trustworthy scholar.