Intercourse with Another Woman Mistaken for One’s Own Wife

Question

Someone by mistake, taking her to be his wife, had intercourse with some woman. Has she become haram, and has the woman gone out of the marriage contract (‘aqd) with her husband?

Answer

If he married a woman with whom he had no prior acquaintance and whom he had never seen, and on the first night some other woman was brought to him with the words “This is your wife,” and he, taking her to be his wife, had intercourse with her, and afterwards it became known that she was not his wife but another woman — then it is hoped that he will not be taken to account.

Source: Fatawa Mahmudiyya

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