Disagreement among the witnesses of talaq

Question

Question: This is the case of Zayd, concerning which the respected ‘ulama have already issued a fatwa of major (mughallaza) divorce. After that, Hinda’s father went with a few people to Zayd’s house; Zayd had already gone out. To Zayd’s father, Hinda’s father spoke about the bride’s send-off to her husband’s home and said that the fatwa had come, so we will keep Hinda. On this, Hinda’s father said that the fatwa had come and there was no room in it for any leeway.

Answer

If there is no Shari‘a-valid testimony to the major (mughallaza) divorce, the husband does not admit it, and the wife did not hear it herself, then no ruling of major divorce will be given; rather, within the ‘idda there will be the option of taking her back (ruju‘).

Source: Fatawa Mahmudiyya

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