Does a divorce take place when the husband says: "You are divorced if you return," knowing that he said it due to the wife's pressure on him and her threat to throw herself from the car, and that she was menstruating, and based on Ibn Baz's fatwa that divorce does not occur under duress?
The question concerns a conditional divorce ( mu'allaq) contingent upon returning or a promise contingent upon it. This has been previously addressed in no. 122439. Two additional points are added to that:
First: If the husband pronounced the divorce due to his wife threatening to throw herself from the car, and if the husband became certain or highly probable that his wife would carry out her threat, then this is a divorce under duress (talaq al-mukrah), and nothing is incumbent upon him, even if he returns to smoking.
Second: Regarding what is attributed to Imam Ibn Baz concerning a narrated by Ahmad, Abu Dawud, and others, it has been weakened by many scholars, while Sheikh Al-Albani graded it as (good). Assuming its authenticity, Sheikh Al-Islam Ibn Taymiyyah explained that the reality of "ighlaq" (closure/compulsion) is that a man's heart is closed off, so he does not intend the speech or is unaware of it. This includes the divorce of one who is compelled, insane, or whose mind is gone due to intoxication or extreme anger, and anyone who has no intention or knowledge of what he said.
It is advised to consult scholars directly concerning such matters, as they involve many possibilities.
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