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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Witnessing Divorce and Taking Back a Wife

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Your Eminence, if you permit me, I would like to ask a few questions: Is it obligatory for the husband who divorces to have someone witness his divorce and his taking back of his wife, or does that remain between him and his wife and himself?
Answer: It is the recommended practice (sunnah) to have witnesses, based on the saying of Allah the Exalted:
And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allahوَأَشْهِدُوا ذَوَي عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ
[Al-Talaq:2]. So, it is the recommended practice to have two witnesses; because Allah, Mighty and Majestic, said in Surah Al-Talaq:
And bring to witness two just men from among youوَأَشْهِدُوا ذَوَي عَدْلٍ مِنْكُمْ
[Al-Talaq:2]. Some scholars said that this refers to the divorce, and some said it refers to the taking back of the wife. There is no objection to the verse applying to both matters, so one should have witnesses for the divorce and witnesses for the taking back. If he divorces, he should have witnesses so that he does not deny it; for Satan may make denial attractive to him. If he has witnesses, this is one of the means of safety and well-being from obeying Satan in denying the divorce. Likewise, he should have witnesses for the taking back of his wife; because he may delay in informing the wife, and the witnesses would be evidence for him, helping him to achieve the desired result of the taking back.
The point is that he should have witnesses for the divorce and the taking back; this is what is prescribed. Yes.
The presenter: And whoever does not do this, he must...
The Shaykh: The divorce is effective, and the taking back is valid if he takes her back during the waiting period and informs her of it, even if he did not have witnesses; the taking back is valid; because Allah said:
And their husbands have more right to take them back in this [period] if they want reconciliationوَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلاحًا
[Al-Baqarah:228], and He did not say "on the condition of such and such." Yes.
The presenter: Fine, but is he required to make up for the lack of writing, or is he not required to do so?
The Shaykh: It is not obligatory for him, as far as I can see, but if he does so in obedience to the command and as a precaution, that is good. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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