What is the ruling if a husband has two wives both named Fatima, one of whom dies, and he says, 'Fatima is divorced,' intending the deceased wife?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

The surviving wife is divorced. A narration from Abu Dawud concerning this situation indicates that the husband's intention to divorce the deceased is not accepted in legal judgment, suggesting that the ruling follows the surviving wife because she is the only valid recipient of divorce, similar to the principle that addressing a non-wife with divorce is invalid.