Is mere verbal threat (Wa'eed) sufficient to establish legal compulsion?
General Chapter
Al-Mughni
Book of Divorce
Primary text
There are two views reported from Ahmad regarding whether a mere threat constitutes compulsion. The dominant view, held by the majority of jurists, including Abu Hanifa and Al-Shafi'i, is that a mere threat constitutes compulsion. This is because compulsion is established only by threat, as the penalty already incurred is not averted by complying, and the permission for the compelled act is granted to avoid the threatened future punishment. Moreover, if one is threatened with certain death and complies, not complying would lead to his death, which is throwing oneself into destruction. Evidence includes the narration concerning Umar's report where a man divorced his wife three times under threat from his wife who threatened to sever the rope while he was collecting honey.
Supporting text
One reported opinion from Ahmad states that a mere threat is not compulsion. This view holds that the concession granted in the case of Ammar involved actual physical coercion (submersion in water), and the ruling should therefore only apply to similar actions. The limit of compulsion, according to one narration, is when one fears execution or severe beating.