Does divorce take effect if a husband says to his wife, "I divorce you if you travel to your country" and repeats it, then says to her, "Give me a paper so I can write for you that you are divorced," intending to threaten her, knowing that she informed him at the time that she was menstruating?

Swearing by divorce is among the oaths of the wicked and is forbidden. Its ruling, according to the majority of scholars, is that of a conditional divorce. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that an expiation for an oath (kaffarat yameen) becomes incumbent if the husband did not intend divorce. If the husband did not specify a time for the action he swore upon, divorce does not occur except when the sworn-upon act becomes impossible and unattainable, such as by death. Divorce occurs with an explicit verbal declaration or what signifies it, along with intention, and does not require a written document. A promise of divorce or a threat of it does not bring about divorce by consensus. The wife's menstruation does not affect the occurrence of divorce according to the majority of scholars.