then there is nothing wrong with it, just as this was part of Umar’s governance. When Umar saw that people were not deterred from something, he held them to its consequences. For example, he held them to the threefold divorce: a threefold divorce had formerly counted as one, but when they became lax in this matter and began pronouncing divorce three times, he said, “What if we were to enforce it upon them?” So he enforced it upon them. (1)

“Whoever is wrongfully compelled to it by harm inflicted upon him or his child, or by the seizure of property that would harm him, or is threatened with any of these by someone able whom he believes will carry it out against him, and so divorces in compliance with his demand—the divorce does not take effect, ……….”

His statement, “Whoever is compelled to it,” means: someone compels him to divorce.

His statement, “wrongfully,” is an accusative verbal noun functioning adverbially; that is, he is compelled to it while being wronged—meaning, without right. For example, someone says to him, “You must divorce your wife,” and he does so, but he divorces in compliance with that person’s demand, not intending divorce itself. In that case, the divorce does not take effect, because he did not intend it; rather, he intended to ward off the coercion. The Prophet ﷺ said: “Actions are only by intentions, and every person shall have only what he intended.” (2) This person did not intend divorce.

The phrase “wrongfully” excludes the case in which he is compelled to it lawfully. An example is the one who has sworn abstinence from marital relations: when four months have elapsed and he refuses both to resume relations and to divorce, the judge compels him to divorce, and he divorces. The divorce takes effect because it is done lawfully. Everything prohibited that becomes lawful is no longer prohibited, for a thing is prohibited only because it is invalid; once it becomes rightful, it is no longer prohibited.

Likewise, if he is compelled to divorce because he does not provide the obligatory maintenance for his wife,