Does divorce occur if a coerced man's intention was divorce, despite his utterance being for coercion mitigation?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a man's intention focused solely on the divorce itself, without focusing on averting the coercion, the divorce takes effect. This is because he intended and chose that pronouncement. The evidence supports this, as coercion is an indicator supporting his intended interpretation (*ta'wil*).

Supporting text

It is debated whether the divorce occurs in this scenario. One possibility is that it does not occur because the spoken words are nullified by the coercion, leaving only the intention, which is insufficient for divorce on its own.