Continuation of the benefits of the hadith: (… from Zurarah that Sa'd ibn Hisham ibn 'Amir intended to go out in the cause of Allah, so he came to al-Madinah and intended to sell a property he had there)
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The Shaykh : When the second waiting period was about to end, he would take her back and then divorce her, and when the third was about to end, he would take her back and then divorce her, and so on, in injustice and aggression. So Allah (Mighty and Majestic) restricted that to three times only, and after that there is no taking back. As for the witnessing, the scholars differed regarding the condition of witnessing the taking back. Some of them said that the taking back is not valid except with witnessing, and that if a man takes back his wife between himself and her, his taking back is not valid, because Allah said: [At-Talaq 65:2] But the correct view is that witnessing is not obligatory, but it is a recommended practice (sunnah) because of the dispute and disagreement that results from leaving it out if there is a misunderstanding between the man and the wife. Witnessing is a recommended practice (sunnah) and not obligatory. As for the witnessing of the marriage contract, the scholars also differed in it: is it a recommended practice (sunnah) where the announcement of the marriage suffices for it, or is it a condition that must be met? There are two opinions in the issue. The Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose that witnessing or announcement is necessary, and that one of them suffices for the other. He hesitated regarding whether it is valid or not if witnessing occurs without announcement. Yes.
