An example regarding coercion in divorce.
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The Shaykh : We give an example of this with divorce. If someone is coerced into divorcing his wife and he says, "She is divorced," not intending to divorce her, but intending what? To remove the coercion. In this case, the divorce does not take effect. But if he intended the divorce because of the coercion, meaning he intended the divorce because he was coerced into it, does the divorce take effect or not? The school of thought (madhhab) holds that the divorce takes effect because he intended it. However, the correct view is that it does not take effect, because Allah the Exalted said: [An-Nahl 16:106] meaning regarding disbelief. The correct view is that he does not become a disbeliever because he said this without his own choice. And the Prophet (peace and blessings be upon him) said, in what is narrated from him: Sunan Ibn Majah 2043Sahih (Darussalam) What? He did not distinguish between doing it to remove the coercion or doing it because of the coercion. This is the correct view. And the grace of Allah the Exalted is vast, and the common person does not distinguish. Therefore, yes, we said that it is disliked, so he does it due to the urge of coercion, not out of satisfaction with it, so he does not become a disbeliever in that case. And the evidence is clear: [An-Nahl 16:106] Yes.
