Establishing Talaq Through Witnesses

Question

Question: People say that Zayd pronounced talaq on his wife. When Zayd was asked, he says: “After quarrelling with my brothers-in-law (my wife’s brothers), I do not remember what I said to my wife.” And when his wife was asked about this, she says: “Because my husband was beating me, I was crying at that time; I did not hear what he said to me in that state. Afterwards people say: ‘Your husband has given you talaq.’” (1)

Answer

Nawwab ‘Ali and the wife of Kala Miyan did, admittedly, testify out of hostility; but why would Munshi ‘Abd al-Rahman, Roshan ‘Ali, Haydar ‘Ali and the wife of Rajab ‘Ali testify? If among these witnesses at least two men, or one man and two women, are upright (‘adil), talaq will be established by them; their actual condition should be investigated.

Source: Fatawa Mahmudiyya

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