If a man divorces his wife with a single pronouncement and does not take her back in court, and neither the wife nor anyone else knows that he divorced her, is this action valid?
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The questioner : If a man divorces his wife with a single pronouncement and does not take her back in court, and neither the wife nor anyone else knows that he divorced her, is this action valid?
The Shaykh : Yes, it is valid. That is, it is valid for him to divorce her without witnesses and without a court, and it is valid for him to take her back during the waiting period without witnesses and without a court. However, it is undoubtedly better to have witnesses to this, based on the saying of Allah the Exalted:[At-Talaq 65:2] Thus, Blessed and Exalted is He, commanded witnessing the taking back or the separation.
The questioner : May Allah reward you. The questioner says.
The Shaykh : Yes, it is valid. That is, it is valid for him to divorce her without witnesses and without a court, and it is valid for him to take her back during the waiting period without witnesses and without a court. However, it is undoubtedly better to have witnesses to this, based on the saying of Allah the Exalted:
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَي عَدْلٍ مِنْكُمْThe questioner : May Allah reward you. The questioner says.