The Occurrence of Divorce by Intention and the Presence of Witnesses
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success. A questioner says: Is the intention of divorce sufficient to effect it, or is it necessary to verbalize it?
The Shaykh:
It is necessary to verbalize it. As for the intention, divorce does not occur by it until one verbalizes it. Not under compulsion, yes.
The questioner:
Then he says, may Allah protect you: Is it necessary that when verbalizing the divorce, it be done in the presence of a judge or witnesses?
The Shaykh:
Yes. Even if he is alone and no one is present, if he divorces by verbalizing it, it takes effect on him. Yes.
Honorable Shaykh, may Allah grant you success. A questioner says: Is the intention of divorce sufficient to effect it, or is it necessary to verbalize it?
The Shaykh:
It is necessary to verbalize it. As for the intention, divorce does not occur by it until one verbalizes it. Not under compulsion, yes.
The questioner:
Then he says, may Allah protect you: Is it necessary that when verbalizing the divorce, it be done in the presence of a judge or witnesses?
The Shaykh:
Yes. Even if he is alone and no one is present, if he divorces by verbalizing it, it takes effect on him. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب نهي المسافر أن يطرق أهله بقدومه ليلا — islamhouse.com (50:54)
The Arabic text is a machine transcription of the audio recording.