Nikah by mistake with an unwanted girl

Question

Zayd’s marriage was arranged at a certain man’s house. That day two wedding processions had come to this man’s house. When the nikah had already been concluded, it became known that Zayd’s nikah had been contracted with the girl whom he did not want, and Zayd’s nikah with this girl had not been arranged. Now Zayd is greatly distressed because of this mistaken marriage and wants to divorce (give talaq to) this girl. May he divorce her?

Answer

If, by mistake, offer and acceptance (ijab and qabul) took place with the girl he did not want to marry, then it is better that he be patient about it and settle down with her. But if it is difficult to get along with her at all, or other considerations of benefit (masalih) stand in the way of marriage with her and he cannot fulfil her rights, then let him divorce her.

Source: Fatawa Mahmudiyya

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