The Ruling on the Divorce of a Coerced Person
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh M. 'A. M., may Allah grant him success in all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O lover, your noble letter dated 1/12/1390 AH has arrived. May Allah guide you. What it contained was that the husband, A. S. S., and his wife came to you and agreed that a dispute occurred between them. The woman stood up, grabbed her husband by the throat, and squeezed him, demanding that he divorce her, until he fell to the ground after trying to free himself from her but failing. He then said to her: "Divorce me with three [divorces]." It was also stated that something similar had occurred between them previously, and they consulted me, so I issued a ruling that this constitutes one divorce, and he took her back. The witness, A. A., also came to you and witnessed what happened between them, testifying that what they said is true and factual. The witness, A. B., also testified to you that the aforementioned woman, when she is angry, cannot control herself and is not aware of what comes out of her. It was also stated that both of the aforementioned witnesses are trustworthy, and that nothing occurred between the husband and wife other than what was mentioned, up to the end of what you mentioned. This is known.
Answer: Based on this, I request that you ask the aforementioned husband about his intention regarding the divorce. If it becomes clear from his answer that he did not intend to divorce her, but rather wanted to get rid of her, then nothing of the divorce takes effect with the mentioned statement, because he did not intend it. However, if his intention was to divorce her, then one divorce takes effect with it, which is added to the previous divorce, and his taking her back is valid. He must repent from that, because pronouncing three divorces is not permissible, as your eminence knows. It is authentic from the Prophet (peace and blessings be upon him) what indicates the aforementioned ruling, as is not hidden. I request that you complete the necessary and notify everyone of the aforementioned ruling. May Allah reward you and thank you for your efforts. Peace be upon you, and Allah's mercy and blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
O lover, your noble letter dated 1/12/1390 AH has arrived. May Allah guide you. What it contained was that the husband, A. S. S., and his wife came to you and agreed that a dispute occurred between them. The woman stood up, grabbed her husband by the throat, and squeezed him, demanding that he divorce her, until he fell to the ground after trying to free himself from her but failing. He then said to her: "Divorce me with three [divorces]." It was also stated that something similar had occurred between them previously, and they consulted me, so I issued a ruling that this constitutes one divorce, and he took her back. The witness, A. A., also came to you and witnessed what happened between them, testifying that what they said is true and factual. The witness, A. B., also testified to you that the aforementioned woman, when she is angry, cannot control herself and is not aware of what comes out of her. It was also stated that both of the aforementioned witnesses are trustworthy, and that nothing occurred between the husband and wife other than what was mentioned, up to the end of what you mentioned. This is known.
Answer: Based on this, I request that you ask the aforementioned husband about his intention regarding the divorce. If it becomes clear from his answer that he did not intend to divorce her, but rather wanted to get rid of her, then nothing of the divorce takes effect with the mentioned statement, because he did not intend it. However, if his intention was to divorce her, then one divorce takes effect with it, which is added to the previous divorce, and his taking her back is valid. He must repent from that, because pronouncing three divorces is not permissible, as your eminence knows. It is authentic from the Prophet (peace and blessings be upon him) what indicates the aforementioned ruling, as is not hidden. I request that you complete the necessary and notify everyone of the aforementioned ruling. May Allah reward you and thank you for your efforts. Peace be upon you, and Allah's mercy and blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.