Does divorce occur if the wife goes to her family's home without her husband's permission, knowing that he swore an oath of divorce merely to frighten her, and the wife was menstruating at the time of the oath, and she tried to contact the husband to get permission but he was unable to answer?

The majority of scholars hold that a divorce pronounced as an oath takes effect if the condition of the oath is met. This is the fatwa we follow, and accordingly, since the wife went to her family's house without the husband's permission, divorce has occurred.

Her being in menstruation does not prevent the divorce from taking effect, as the divorce of a menstruating woman is valid according to most scholars.

If this was the first or second divorce, the husband can take her back as long as she is within her waiting period (iddah). However, if this was the third divorce, she is irrevocably divorced from him, and she is not lawful for him until she marries another man willingly, and then he divorces her or dies, and her iddah ends.

The words of divorce should not be used for threats.