Is witnessing required for divorce?
Machine translationRead the Arabic original
The questioner : I have a point in mind right now. In some tapes I heard, it was said that witnessing is necessary for divorce.
The Shaykh : Yes, and I just said that.
The questioner : Yes, that is my intention. Now, suppose a man says to his wife in his house, "You are divorced." Does this divorce not take effect?
The Shaykh : It remains suspended until witnessing.
The questioner : And if it is not witnessed?
The Shaykh : If it is witnessed, it has no effect. It has no effect.
The questioner : If it is witnessed? If it is not witnessed.
The Shaykh : If it is not witnessed, it has no effect.
The questioner : This divorce has no effect, meaning it is not counted as a divorce for him.
The Shaykh : Divorce is more important than marriage. Just as marriage does not take effect except with two witnesses, so divorce does not take effect except with two witnesses. This is how it came in the hadith of 'Imran ibn Husayn in "Sunan Abu Dawud": This much is sufficient.
The questioner : May Allah reward you with good.
The Shaykh : And praise be to Allah, Lord of the worlds.
The questioner : May Allah reward you with good.
The Shaykh : Welcome.
The questioner : The hadith of 'Imran: Was she divorced in a manner other than the Sunnah?
The Shaykh : Yes?
The questioner : The hadith of 'Imran: Was she divorced in a manner other than the Sunnah?
The Shaykh : Yes, well done. Welcome, and peace be upon you.
The questioner : ... .
The Shaykh : ... .
Another questioner : ... .
The questioner : ... .
The Shaykh : Yes, and I just said that.
The questioner : Yes, that is my intention. Now, suppose a man says to his wife in his house, "You are divorced." Does this divorce not take effect?
The Shaykh : It remains suspended until witnessing.
The questioner : And if it is not witnessed?
The Shaykh : If it is witnessed, it has no effect. It has no effect.
The questioner : If it is witnessed? If it is not witnessed.
The Shaykh : If it is not witnessed, it has no effect.
The questioner : This divorce has no effect, meaning it is not counted as a divorce for him.
The Shaykh : Divorce is more important than marriage. Just as marriage does not take effect except with two witnesses, so divorce does not take effect except with two witnesses. This is how it came in the hadith of 'Imran ibn Husayn in "Sunan Abu Dawud":
That the Sunnah in divorce is witnessing
أن السنة في الطلاق الإشهادThe questioner : May Allah reward you with good.
The Shaykh : And praise be to Allah, Lord of the worlds.
The questioner : May Allah reward you with good.
The Shaykh : Welcome.
The questioner : The hadith of 'Imran: Was she divorced in a manner other than the Sunnah?
The Shaykh : Yes?
The questioner : The hadith of 'Imran: Was she divorced in a manner other than the Sunnah?
The Shaykh : Yes, well done. Welcome, and peace be upon you.
The questioner : ... .
The Shaykh : ... .
Another questioner : ... .
The questioner : ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.