The ruling on witnessing in divorce.

The questioner : On this occasion, if a man divorces his wife without witnesses, is he required to bring witnesses and divorce her again, or does he have them witness the divorce he has already pronounced?

The Shaykh : He should have them witness the divorce he has already pronounced.

The questioner : If he did not have witnesses, does the divorce take effect?

The Shaykh : No.

The questioner : It does not take effect. So, what is the benefit of witnessing, O Shaykh?

The Shaykh : And this is the meaning of my statement. This question is incorrect. May Allah correct us and you. What is the benefit of witnessing in marriage?

The questioner : A legal ruling.

The Shaykh : A legal ruling.

The Shaykh : Yes, I mean, O Shaykh...

The Shaykh : You know, you say it is it.
(Laughter)The Shaykh : It is it.

The questioner : I mean, O Shaykh, he wants to...

The Shaykh : Why, my brother? Why? Your intention is not clear.

The questioner : I will ask another question.

The Shaykh : Okay, go around and look. Come on, no problem. "Whoever does not come with you, come with him." Come on, let us see.

The questioner : I mean, O Shaykh, if this person has pronounced the divorce and wants to bring witnesses to witness what he has done, after the fact, if he did not have witnesses, we do not consider the divorce to have taken effect. Why? Is the criterion the witnessing or the pronouncement of the divorce?

The Shaykh : Because you said incorrectly that he "pronounced the divorce." Your statement that he "pronounced the divorce" is incorrect.

The questioner : Yes.

The Shaykh : Rather, he uttered the words of divorce.

The questioner : He uttered the words of divorce.

The Shaykh : Ah, so the answer is: does this divorce take effect? I said previously that for those who do not condition witnessing, it takes effect, and for those who condition witnessing, like me, it does not take effect except with the testimony of two witnesses. So what did you gain? "Stay in your place, okay."
Al-Halabi : O Shaykh, there is a point regarding this topic. You previously alerted us to it, which is the issue of when a person comes, meaning there is a person seeking a fatwa, for example, and a mufti gives it to him, and he goes to one of those who say that witnessing in divorce is obligatory, in order to get this fatwa back. O Shaykh, you mentioned that this will not happen, otherwise this would be a waste, and then everyone would divorce whoever they want and leave whoever they want.

The Shaykh : Yes, that is correct.
Al-Halabi : So this is an important point.

The Shaykh : Yes, that is right.