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The question

Is it permissible for a husband to take back his wife in the presence of only the spouses without witnesses, knowing that she had been divorced with a clear pronouncement?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The jurists differed on two opinions regarding the requirement of attestation for a revocable divorce (raj'ah):

1. Obligation of attestation: They based their argument on the Almighty’s saying: "And bring to witness two just men from among you" (Quran 65:2); and to ensure inheritance. 2. Recommendation of attestation (the opinion of the majority): They used the same verse as evidence, interpreting the command as a recommendation, and arguing that a revocable divorce does not require the woman's acceptance. They also pointed out that the Prophet, peace and blessings be upon him, did not mention attestation in Ibn Umar's .

The more preponderant opinion is the second one (the recommendation of attestation). Accordingly, your revocable divorce is valid, and it is recommended for you to have it attested.

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Where this answer came from
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Ftawy
Original fatwa ID
90831
Imported
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Source text, unreviewed
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