Is a captive or imprisoned person legally considered to be in a state of fear regarding their property dispositions?

Primary text

A captive or imprisoned person is considered to be in a state of fear, rendering their testamentary dispositions or freeing of slaves subject to the one-third limit, if it is their established custom or expectation that they will be executed. This view is attributed to Abu Hanifa, Malik, Ibn Abi Layla, and one opinion of Al-Shafi'i. Abu Bakr, Al-Zuhri, Al-Thawri, and Ishaq are also reported to have held that a captive's gift is from the one-third. The sound position is that the fear of death must be present; mere imprisonment or captivity without the expectation of execution does not equate to sickness or the fear associated with it, thus the disposition should be judged based on the person's general health status.