The ruling on being coerced into doing a forbidden act, and whether expiation, a ransom payment, or sin results from it
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The Shaykh : Perhaps it can be derived from the verse, as we will explain, regarding coercion: If a person is coerced into doing a forbidden act, does sin, a ransom payment, or expiation result from this act?
Answer: No, nothing results. The evidence for this is the saying of Allah, Blessed and Exalted is He, in the Noble Qur'an:[An-Nahl 16:106] If a man is not held accountable for being coerced into disbelief, which is the greatest of sins, then his not being held accountable for being coerced into anything less than that is all the more so. Also, it was reported in a hadith from the Prophet (peace and blessings be upon him): Sunan Ibn Majah 2043Sahih (Darussalam) Based on this third principle, which is that sin, ransom payment, and expiation are dropped in cases of coercion, if a man coerces his wife, who is fasting, to have intercourse with him, does her fast become invalid? Brother, stand up?
The student: ... .
The Shaykh : It does not become invalid. And does she owe expiation? Speak the answer clearly.
The student: ... .
The Shaykh : She does not owe expiation. Okay, rest. She does not owe expiation because she was coerced. Likewise, if he coerces her to do so while she is in Hajj or 'Umrah, she does not owe a ransom payment and she does not commit sin, based on the principle we mentioned, which we derived from the words of the Lord, Mighty and Majestic. Perhaps this can be derived, meaning: the dropping of sin, expiation, and ransom payment, from His saying, the Exalted:[Al-Baqarah 2:286] Because the coerced person is unable to escape. Therefore, if he is coerced by someone who is able to repel the coercion, then the ruling applies to him.
What do you say about a man whose wife forced him to divorce her, saying: "Either you divorce me or I will kill myself," and she is capable of carrying this out, with a knife in her hand? He divorced her. Does the divorce take effect or not?
The student: ... .
The Shaykh : The divorce does not take effect because he? Was coerced. Why? If the divorce takes effect when he was not coerced, the divorce takes effect, there is no obstacle. I am asking now: Does the divorce take effect? I said no. Then we wanted to justify this ruling you issued by saying he was coerced. I said she was not coerced... So what do you say now? The ruling and the cause are contradictory, or rather, they are contradictory.
The student: He has authority over her.
The Shaykh : I am not saying he does not have authority over her, but the man now, his wife said to him: "If you do not divorce me, I will kill myself," and she is capable of carrying this out, with a knife in her hand. He divorced her. Does the divorce take effect or not?
The student: It takes effect.
The Shaykh : It takes effect. Rest. Please.
The student: It does not take effect.
The Shaykh : It does not take effect. Why?
The student: ... .
The Shaykh : Because he was coerced, so the divorce does not take effect. May Allah reward you. How was he coerced? Because she wanted to kill herself and she was capable of carrying it out, and this is one of the most severe forms of coercion. Therefore, we say: The divorce does not take effect. And likewise, all rulings do not apply to the coerced person, and we mentioned the evidence for this.
Answer: No, nothing results. The evidence for this is the saying of Allah, Blessed and Exalted is He, in the Noble Qur'an:
Whoever disbelieves in Allah after his belief... except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment;
مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْأِيمَانِ وَلَكِنْ مَنْ شَرَحَ بِالْكُفْرِ صَدْراً فَعَلَيْهِمْ غَضَبٌ مِنَ اللَّهِ وَلَهُمْ عَذَابٌ عَظِيمٌAllah has forgiven for me my nation their mistakes and forgetfulness, and what they are forced to do.
إن الله تجاوز عن أمتي الخطأ، والنسيان، وما استكرهوا عليهThe student: ... .
The Shaykh : It does not become invalid. And does she owe expiation? Speak the answer clearly.
The student: ... .
The Shaykh : She does not owe expiation. Okay, rest. She does not owe expiation because she was coerced. Likewise, if he coerces her to do so while she is in Hajj or 'Umrah, she does not owe a ransom payment and she does not commit sin, based on the principle we mentioned, which we derived from the words of the Lord, Mighty and Majestic. Perhaps this can be derived, meaning: the dropping of sin, expiation, and ransom payment, from His saying, the Exalted:
Allah does not charge a soul except [with that within] its capacity
لا يُكَلِّفُ اللَّهُ نَفْساً إِلَّا وُسْعَهَاWhat do you say about a man whose wife forced him to divorce her, saying: "Either you divorce me or I will kill myself," and she is capable of carrying this out, with a knife in her hand? He divorced her. Does the divorce take effect or not?
The student: ... .
The Shaykh : The divorce does not take effect because he? Was coerced. Why? If the divorce takes effect when he was not coerced, the divorce takes effect, there is no obstacle. I am asking now: Does the divorce take effect? I said no. Then we wanted to justify this ruling you issued by saying he was coerced. I said she was not coerced... So what do you say now? The ruling and the cause are contradictory, or rather, they are contradictory.
The student: He has authority over her.
The Shaykh : I am not saying he does not have authority over her, but the man now, his wife said to him: "If you do not divorce me, I will kill myself," and she is capable of carrying this out, with a knife in her hand. He divorced her. Does the divorce take effect or not?
The student: It takes effect.
The Shaykh : It takes effect. Rest. Please.
The student: It does not take effect.
The Shaykh : It does not take effect. Why?
The student: ... .
The Shaykh : Because he was coerced, so the divorce does not take effect. May Allah reward you. How was he coerced? Because she wanted to kill herself and she was capable of carrying it out, and this is one of the most severe forms of coercion. Therefore, we say: The divorce does not take effect. And likewise, all rulings do not apply to the coerced person, and we mentioned the evidence for this.