What is the ruling concerning divorce upon arrival if the person arrives by their own volition despite coercion?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the person arrives by their own volition, even if under duress (ikrah), the oath is broken, according to a view held by Al-Kharqi and one of Al-Shafi'i's schools. This is because the action originates from them truly and is attributed to them, evidenced by the Quranic verses regarding the disbelievers being driven to Hell and being commanded to 'Enter the gates of Hell' (Quran 28:72), which implies the action is realized by them. Furthermore, the command of a coerced person is valid.
Supporting text
Abu Bakr narrated that this view is attributed to Ahmad, establishing the oath is broken because the action is truly performed by the subject. The opposing view suggests that coercion removes the subject's choice, so if the condition occurs while they are coerced, it is like the divorce occurring while the husband was coerced, which applies when the statement is absolute (without specific intent).