Talaq pronounced with the wife’s name changed

Question

Muhammad Zahir al-Din, son of the late Hakim al-Din, having become angry with his elder wife for several reasons, said in front of four people: “I gave talaq to Jamila, daughter of Rahim Bakhsh; I gave talaq to Jamila, daughter of Rahim Bakhsh; I gave talaq to Jamila, daughter of Rahim Bakhsh”. Be informed that the name of Zahir al-Din’s elder wife is ‘Amila, but he gave talaq using the name Jamila. Note: these four persons say: “We heard exactly what Zahir al-Din said — neither less than that nor more.

Answer

If he mentions only a name, and it is not the wife’s name but someone else’s, then talaq does not fall on the wife thereby. In the case asked about, the husband’s statement that has been reported is: “I gave talaq to Jamila, daughter of Rahim Bakhsh,” and the testimony of four persons has been presented for this statement; the words “my elder wife” are not in it.

Source: Fatawa Mahmudiyya

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