No need for witnesses after the husband’s admission
Question
Question: A man gave his wife talaq. On hearing this, five men of the village went there and asked the husband: “Will you keep your wife or leave her? If you want to keep your wife, a ruling will have to be obtained from a scholar (‘alim).” At that the husband said: “If halala is needed, I will not take; for the mahr I will give rupees or one bigha (a local measure of area) of land and send her off.
Answer
Since the husband’s own statement is of three talaqs in which no condition was set, there is no need for a witness: a major (mughallaza) divorce has taken effect, and now without halala even a renewed nikah is not valid.
Source: Fatawa Mahmudiyya
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