What is the ruling on a man who divorced his wife and then took her back without witnesses, and intercourse occurred between them?
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The questioner: His wife after the first revocable divorce, before the end of the waiting period, but without witnesses, and intercourse occurred between them, meaning he took her back without witnesses. The man does not know, so what is the ruling before the end of the waiting period?
The Shaykh: The issue of witnesses is a matter that many scholars do not know or do not believe in.
The questioner: Yes.
The Shaykh: And as for us, regarding the general public, we cannot impose our private opinions unless we are asked before the incident occurs. Then we tell him: It is not permissible for you to take her back except with witnesses. But if the incident has already occurred, the majority of scholars issue a ruling that it is permissible and that witnessing is not obligatory, even though witnessing in this case is mentioned in the Noble Qur'an.
The questioner: Meaning, no one would dare to say that he committed unlawful sexual intercourse, for example.
The Shaykh : It is this.
The Shaykh: The issue of witnesses is a matter that many scholars do not know or do not believe in.
The questioner: Yes.
The Shaykh: And as for us, regarding the general public, we cannot impose our private opinions unless we are asked before the incident occurs. Then we tell him: It is not permissible for you to take her back except with witnesses. But if the incident has already occurred, the majority of scholars issue a ruling that it is permissible and that witnessing is not obligatory, even though witnessing in this case is mentioned in the Noble Qur'an.
The questioner: Meaning, no one would dare to say that he committed unlawful sexual intercourse, for example.
The Shaykh : It is this.
Source
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The Arabic text is copied verbatim from the original source, without any edits.