Talaq with the Wife’s Name Changed

Question

A man, while keeping his existing wife, wishes to contract a second nikah. The side of the woman proposed to said nothing about this. When he arrived at the bride’s house with people and the time came to perform the nikah, the woman’s people said: “If you do not give talaq to your first wife, we will never marry her to you.” In the end the groom, out of embarrassment, without the intention of talaq, changed his wife’s name and, uttering a stranger’s name, gave talaq; but he did name the woman’s father.

Answer

If he gave talaq uttering a stranger’s name, talaq has not occurred for his wife. For talaq to take effect, its attribution (nisba) and ascription (idafa) to the wife is necessary — whether by naming her, by pointing to her, or by a pronoun referring to her. Since he did not name his wife, then even though he stated the lineage (nisba)

Source: Fatawa Mahmudiyya

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