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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