Does divorce occur if the husband said to his wife during a dispute: "If you open your mouth, you are divorced," and she did not speak at the time of the disagreement, but spoke normally afterwards, with the husband not specifying a particular time for the divorce to occur?

If the husband intended to prevent his wife from speaking only during anger, then her speaking after the anger subsides does not constitute a breach of his oath. For intention in an oath specifies the general and restricts the absolute. If the husband did not clarify his intention, then the reason that prompted him to swear the oath takes the place of his intention.

In the event that the husband breaches his oath, the fatwa we adhere to is that his divorce takes effect, whether he intended divorce, threat, or prevention. This is the opinion of the majority of scholars, including the four Imams. Some scholars, like Sheikh al-Islam Ibn Taymiyyah, hold that the ruling on swearing by divorce, when the intention is not to make the divorce contingent but rather to threaten or emphasize, is the same as swearing by Allah, requiring an expiation for the oath and not resulting in divorce.

Given that the issue involves details dependent on the husband's intention, the husband must consult directly with scholars renowned for their knowledge and piety and act upon their fatwa.