The ruling on conditional divorce accompanied by coercion to perform the act
Machine translationRead the Arabic original
The questioner:
This questioner says: What is the ruling on one who conditions divorce on something and then is coerced into it, meaning coerced into performing the act?
The Shaykh:
What is its ruling?
The questioner:
One who conditions divorce on something and then is coerced into performing it.
The Shaykh:
It does not take effect. If he is coerced, the divorce does not take effect. The divorce of the coerced person does not take effect, because the act of the coerced person is not attributed to him, since he has no choice in it. Therefore, it does not take effect. Even disbelief: if one utters words of disbelief, he does not become a disbeliever as long as he is coerced,[An-Nahl 16:106]. Yes.
The presenter:
May Allah reward you,
This questioner says: What is the ruling on one who conditions divorce on something and then is coerced into it, meaning coerced into performing the act?
The Shaykh:
What is its ruling?
The questioner:
One who conditions divorce on something and then is coerced into performing it.
The Shaykh:
It does not take effect. If he is coerced, the divorce does not take effect. The divorce of the coerced person does not take effect, because the act of the coerced person is not attributed to him, since he has no choice in it. Therefore, it does not take effect. Even disbelief: if one utters words of disbelief, he does not become a disbeliever as long as he is coerced,
except for one who is forced [to renounce his religion] while his heart is secure in faith
إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِThe presenter:
May Allah reward you,
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/120 شرح زاد المستقنع/ صالح الفوزان — youtube.com (37:52)
The Arabic text is a machine transcription of the audio recording.