Is it obligatory to have witnesses in divorce?

The questioner : If a man divorces without witnesses, does the divorce not take effect?

The Shaykh : It is contrary to the Sunnah, yes.

The questioner : Unless he bears witness?

The Shaykh : Yes, exactly.

The questioner : I mean, if he bears witness after three days, does the divorce take effect at the time of bearing witness?

The Shaykh : If he persists in it, it takes effect, and bearing witness is evidence of persistence.

The questioner : What is the evidence for that?

The Shaykh : The Sunnah in divorce.

The questioner : The Sunnah, meaning the conditional aspect; is it understood from the word "Sunnah" in the hadith that it is conditional?

The Shaykh : Of course, because its meaning is that the Sunnah is in the sense of "whoever turns away from my Sunnah is not of me." It is not the meaning of Sunnah as distinct from the obligatory.

The questioner : When is the waiting period considered to start, from the date of bearing witness or from the date of pronouncing the words of divorce?

The Shaykh : From the bearing witness.