The written talaq of one under coercion

Question

Question: Some people, out of some displeasure, deceived Zayd into going outside the small town or the madrasa, beat him and said: “If in future you come to this madrasa or to the town, an ‘attached’ talaq (talaq idafi, i.e. talaq attached to a future marriage) will fall upon you.” And they told Zayd: “Say: ‘I will not come here in future; and if I come, then when I marry — and then let talaq take effect.’” But Zayd remained silent, and those men put Zayd aboard at the station.

Answer

If a written talaq was obtained from Zayd by force and coercion (ikrah), and Zayd did not utter this talaq and its condition (ta‘liq), then according to the Shari‘a talaq will not take effect by this writing: [ar]رجل أكره بالضرب والحبس أن يكتب طلاق امرأته فلانة بنت فلان بن فلان طالق، لا تطلق امرأته؛ لأن الكتابة أقيمت مقام العبارة باعتبار الحاجة، ولا حاجة ههنا[/ar] “A man was…

Source: Fatawa Mahmudiyya

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