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The Command to have Witnesses for the Return Print E-mail

Allah said,

﴿وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ﴾

(And take as witness two just persons from among you.) meaning when taking her back, if this is your decision. Abu Dawud and Ibn Majah recorded that `Imran bin Husayn was asked about a man who divorced his wife and then had sexual intercourse with her, without notifying witnesses of when he divorced her and when he took her back. `Imran said, "His divorce and taking her back was in contradiction to the Sunnah. Incorporate the presence of witnesses for divorcing her and taking her back, and do not repeat your conduct.'' Ibn Jurayj said that `Ata' commented on the Ayah,

﴿وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ﴾

(And take as witness two just persons from among you.) "It is not permissible to marry, divorce or take back the divorced wife except with two just witnesses, just as Allah the Exalted has said, except when there is a valid excuse.'' Allah's statement,

﴿ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ﴾

(That will be an admonition given to him who believes in Allah and the Last Day.) means, `this, Our command to you to have witnesses in such cases and to establish the witness, is implemented by those who believe in Allah and the Last Day.' This legislation is meant to benefit those who fear Allah's punishment in the Hereafter.

 
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