Saying the word “talaq” and then quietly saying “in sha’ Allah”

Question

Several men seized Zayd, beat him and took a written statement from him: “Write: I abused so-and-so and offered up (?) such-and-such a thing.” Poor Zayd wrote it out of fear. At the end of the statement they also took from him an oath with the word “kullama” (“whenever”): “Say: ‘اگر یہ بیان جھوٹ ہو اور غلط ہو تو جب جب میں شادی کروں تو میری بیوی کو طلاق ہے’” (“If this statement is false and incorrect, then whenever I marry, my wife is divorced”).

Answer

Since he quietly and without a break (muttasilan) said “in sha’ Allah”, which he himself also heard, no oath (yamin) was constituted by it; he will not be an oath-breaker (hanith) by acting contrary to it: [ar]لو قال لها: أنت طالق إن شاء الله متصلا مسموعا بحيث لو قرّب شخص أذنه إلى فمه يسمع لا يقع[/ar] “If he said to her, ‘You are divorced, if Allah wills,’ without a break and…

Source: Fatawa Mahmudiyya

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