Saying “in sha’ Allah” in a low voice with talaq, writing a divorce deed under coercion and reading it out

Question

My father-in-law called me to his house and began to oppress me (demanding): “Give talaq to my daughter,” and beat me severely. To save my life I wrote the following divorce deed in the Bengali language and said “in sha’ Allah” in a low voice. Then (he) beat me again and said: “Read it.” I knew the ruling that talaq would not take effect by reading, so I read the divorce deed and then again said “in sha’ Allah” in a low voice. The scholars of Bans Kandi have given a fatwa that talaq has not taken effect.

Answer

Saying the words “in sha’ Allah” in a low voice is also effective: after it talaq does not take effect. Even if this qualification (ta’wil) had not been made, talaq would still not have taken effect by this writing and by reading it.

Source: Fatawa Mahmudiyya

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