Ruling on taking back a divorced wife without two witnesses
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We move on to another topic based on a letter sent by our brother Ali Salem Ali from Muscat in Oman. Our brother says: I divorced my wife once, and she did not leave the house, and we lived together. This was done without consulting any of the religious scholars or the court, and there were also no witnesses to our resumption of the marriage. Is what we did valid?
Answer: Yes, if a man takes back his wife through intercourse or by saying to her, “I have taken you back” or “I have retained you,” the resumption is valid. However, it is better to have two witnesses; this is the preferred course. If he does not have witnesses, that is sufficient according to the correct opinion. If he has intercourse with her with the intention of taking her back, or says to her, “I have taken you back,” the objective is achieved, provided the divorce was one or two revocable divorces. As for if he divorced her for the third and final time, she is forbidden to him until she marries another husband. This is based on His saying (peace and blessings be upon him) : [al-Baqarah:229] … up to His saying (Glorified and Exalted is He): meaning: the third [al-Baqarah:230]. And He said (Glorified and Exalted is He): [al-Baqarah:228], meaning: they have the right to take them back during that period, i.e., during the waiting period. As long as she is in the waiting period, her husbands (the former spouses) have the right to take her back, meaning through resumption, by saying “I have taken you back,” “I have retained you,” “I have returned you,” or similar phrases, or by having intercourse with her with the intention of taking her back. All of this is sufficient. However, it is better to have two witnesses to this; based on His saying (Glorified and Exalted is He): [al-Talaq:2]. The verse was interpreted as applying to divorce, and it was interpreted as applying to resumption, and it was interpreted as applying to both. Therefore, if he calls witnesses, that is more preferable and better. Yes.
Answer: Yes, if a man takes back his wife through intercourse or by saying to her, “I have taken you back” or “I have retained you,” the resumption is valid. However, it is better to have two witnesses; this is the preferred course. If he does not have witnesses, that is sufficient according to the correct opinion. If he has intercourse with her with the intention of taking her back, or says to her, “I have taken you back,” the objective is achieved, provided the divorce was one or two revocable divorces. As for if he divorced her for the third and final time, she is forbidden to him until she marries another husband. This is based on His saying (peace and blessings be upon him) :
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍIf he divorces her
فَإِنْ طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحََ زَوْجًا غَيْرَهُAnd their husbands have more right to take them back in this [period] if they want reconciliation
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلاحًاAnd bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah
وَأَشْهِدُوا ذَوَي عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.