Talaq through a writing made under compulsion

Question

Question: A case over beating was pending between Zayd and his wife. The court fined Zayd twenty rupees. Zayd appealed to the higher court. The higher court urged Zayd to divorce his wife; Zayd objected. Upon Zayd’s objection the court threatened: “If you do not write and submit a decision within two minutes, you will be sent to jail.” Intimidated by this threat, Zayd had a decision written and handed it in, stating: “I have divorced my wife, and she has waived the Shar‘i mahr for me.

Answer

In the case asked about, if Zayd did not give talaq with his tongue but merely gave a written talaq, then according to the Shari‘a talaq has not fallen upon his wife: [ar]رجل أكره بالضرب والحبس على أن يكتب طلاق امرأته فلانة بنت فلان بن فلان، فكتب: امرأته فلانة بنت فلان بن فلان طالق، لا تطلق امرأته؛ لأن الكتابة أقيمت مقام العبارة باعتبار الحاجة، ولا حاجة هنا[/ar] “A man was…

Source: Fatawa Mahmudiyya

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