What is the ruling on divorce if the condition of entry (qudum) is fulfilled by the person being carried (dead or alive) or being forced?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the condition for divorce is the arrival (qudum) of a person, and that person arrives dead or is carried in while coerced, the divorce is not established because the arrival was not performed by them; rather, they were brought. This is the position held by Al-Shafi'i. The action is not truly originated by the subject in this case, and actions are only attributed to others metaphorically when the literal meaning is possible for the subject, which is not the case with being carried.
Supporting text
Abu Bakr narrated that the oath (related to this condition) would be broken because the action is attributed to the person, similar to saying 'the food entered the city' when it was carried there. If one swore, 'You are divorced when the food enters the city,' it would take effect when it was carried in. However, the established view is that since the action is not genuinely from the person, attribution is metaphorical, and the literal meaning must be taken when possible.