What is the ruling when a husband states a specific name, such as 'Zaynab is divorced,' when his wife is named Zaynab, but he intended a non-wife also named Zaynab?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The wife is divorced. This is because the husband does not possess the authority to pronounce divorce upon anyone other than his wife. Any subsequent claim that he intended the non-wife is not accepted as true in legal judgment. Ahmad narrated that when a man whose wife was named Zaynab said, 'Zaynab is divorced,' the wife is divorced, and he is not believed if he claims he meant the non-wife.
Supporting text
The Shafi'i school posits that if the husband intended a non-wife with the same name, his claim is rejected because the term 'Zaynab' primarily refers specifically to his wife in this context where divorce is concerned, and the rule that he cannot divorce a non-wife is stronger. However, the preferred view holds that since the pronoun 'Zaynab' refers to one specific person, and only the wife is a valid subject for divorce, the utterance applies to her.