Ruling on one who divorced his wife and took her back without witnesses
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother J. M. 'A, may Allah preserve him and take care of him, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your letter dated 12/10/1392 AH has arrived, may Allah guide you. It contains the information that a man quarreled with his wife and divorced her with one divorce, then took her back immediately. However, he did not have witnesses for the divorce or the taking back, because no one was present at the time of the divorce. He feared that if he had witnesses, the bond would be severed without a taking back. He also stated that he had intercourse with her after the taking back, and that the woman is still in his house with her children as his wife.
Your question is: Does he incur sin or not? If he does incur sin, what is the way out? Should he divorce her a second time and take her back with witnesses for everything, or should he contract a new marriage with her, as was known?
And the answer: If the facts are as you stated, then the woman mentioned is subject to one divorce by the divorce mentioned, and his taking her back is valid, and it has been confirmed by intercourse. The woman is his wife and is in his protection, and there is no need to renew the divorce.
However, the Sunnah is to have witnesses for her divorce and his taking her back, if he does not fear harm from her or her family in doing so.
May Allah guide everyone to understanding in the religion and steadfastness upon it.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your letter dated 12/10/1392 AH has arrived, may Allah guide you. It contains the information that a man quarreled with his wife and divorced her with one divorce, then took her back immediately. However, he did not have witnesses for the divorce or the taking back, because no one was present at the time of the divorce. He feared that if he had witnesses, the bond would be severed without a taking back. He also stated that he had intercourse with her after the taking back, and that the woman is still in his house with her children as his wife.
Your question is: Does he incur sin or not? If he does incur sin, what is the way out? Should he divorce her a second time and take her back with witnesses for everything, or should he contract a new marriage with her, as was known?
And the answer: If the facts are as you stated, then the woman mentioned is subject to one divorce by the divorce mentioned, and his taking her back is valid, and it has been confirmed by intercourse. The woman is his wife and is in his protection, and there is no need to renew the divorce.
However, the Sunnah is to have witnesses for her divorce and his taking her back, if he does not fear harm from her or her family in doing so.
May Allah guide everyone to understanding in the religion and steadfastness upon it.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.