What is the ruling on a man divorcing his wife when he mistook her for a stranger?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a man encounters his wife, mistakes her for a non-mahram woman (Ajnabyyah), and says to her, 'You are divorced' (Anti Taliq), or 'Move aside, O divorced woman' (Tanahhay ya Mutallaqah), neither divorce nor separation occurs. This is because he lacked the intent (Iradah) for divorce, meaning it is considered an accidental utterance, akin to slipping of the tongue, as stated by Abu Bakr. Therefore, no legal consequence follows.
Supporting text
An alternative view suggests that if he addresses her as 'Move aside, O divorced woman,' the wife is divorced, because the common practice among people is not to address strangers with such a specific term related to marital status. Conversely, if he mistakes his female slave for a stranger and says, 'You are freed' (Anti Hurrah), the freedom does not take effect because people commonly address those they do not know as 'O free woman' (Ya Hurrah), meaning the utterance lacks the clear intent required for manumission.