Will the wife be divorced if she goes to university after her husband said, "By divorce, you will not go to university again"?
If a husband swears an oath of divorce upon his wife that she should not do something, and she does it, then, according to the majority of scholars, she is divorced, whether he intended the divorce to occur or merely intended a threat. The adopted by us is the view of the majority. Therefore, if the wife goes to the university, her divorce occurs. If this divorce does not complete the three divorces, you may take her back before her expires.
Shaykh al-Islam Ibn Taymiyyah holds that if an oath of divorce is made without intending to cause divorce, then an expiation for an oath (kaffarat ) is required, and no divorce occurs.
It must be known that the permissible oath is to swear by Allah the Almighty. As for swearing by divorce, it is among the oaths of the disobedient and may lead to undesirable consequences.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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