Is witnessing a condition for the validity of divorce?

The questioner : This question is also related to the issue of divorce that you touched upon, and it is: Is witnessing a condition for the validity of divorce?

The Shaykh : Yes, because there is a principle among the scholars that the bid'ah (religious innovation) divorce is forbidden. Then they differed on whether the bid'ah divorce takes place if the man pronounces it: does it take effect or not?
The Shaykh: There are two opinions among the scholars: some say it takes effect.
The Shaykh: And some say it does not take effect.
The Shaykh: And this is the original position, that the bid'ah divorce does not take place, based on his saying (peace and blessings be upon him): meaning: it is rejected and returned to its owner. So, if we know this principle and recall the hadith of 'Imran ibn Husayn in Sunan Abu Dawud that the sunnah (recommended practice) in divorce is witnessing, then at that point, a divorce without witnessing is a bid'ah divorce. Added to this is the fact that no sane person doubts that divorce, in relation to marriage, is like demolition in relation to construction. A person builds a house and then demolishes it; he builds a house, spends vast amounts of money, much time, and expenses, and then when he wants to demolish it, he demolishes it in an hour of the day. Demolition is harder than construction because it wastes many, many efforts on the person. Marriage is the construction of a family; when a Muslim marries, he lays the foundation for establishing a Muslim family. And we all know the saying of the Messenger (peace and blessings be upon him and his family): So, any marriage in which the just witnesses are not present is not considered a Sharia marriage, and it is construction. So, the divorce, which we said is more dangerous than this marriage, is like demolition in relation to construction. Therefore, reason and sound reflection support that witnessing be required for it. And the meaning of that is that a person who has decided and resolved, as He (Mighty and Majestic) said: , has resolved on divorce, but this divorce has conditions set by the Wise Lawgiver, and these conditions are in reality obstacles to prevent this divorce from taking place, because divorce, as we said, leads to the demolition of the family. So he said that the sunnah (recommended practice) is witnessing. So it is as if the Wise Lawgiver is saying to the one divorcing: If you resolve on divorce and want to execute it, bring two witnesses, just as if you want to marry, take the wali (guardian) and bring two witnesses, otherwise there is no marriage for you. This is the answer to that question.

The questioner : May Allah reward you with good.

The Shaykh : How?

The questioner : The witnesses...

The Shaykh : If there is... no obstacle...