Talaq Pronounced on the Wife’s Sister

Question

What do the scholars of religion and the muftis of the firm Shari‘a say regarding this matter, the form of which is as follows: Zayd, before those present at the gathering, concealed his wife, whose name was Hinda, and, being compelled by reason of a second nikah, declared Hinda’s sister, whose name was Maymuna, to be his wife and, by way of a stratagem, gave her three talaqs; for if he did not give talaq to his first wife, she and the kin and relatives of the second bride would be displeased and would refuse.

Answer

If he neither addressed Hinda, nor pointed towards her, nor mentioned her name, nor gave talaq to his wife and spouse by nikah as such by way of talaq, but rather declared his wife’s sister, Maymuna, to be his wife and gave her talaq — whether in this form: “میمونه را که زوجه من است طلاق دادم” (“I have given talaq to Maymuna, who is my wife”)

Source: Fatawa Mahmudiyya

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