Disagreement between spouses over talaq

Question

Question: Zayd’s neighbour claims that Zayd has given his wife a major (mughallaza) divorce, and he presents several witnesses to this. Zayd’s statement is: “I certainly did not give a major divorce; rather, I gave a revocable (raj‘i) talaq,” and Zayd too presents several witnesses. Zayd’s wife is completely unaware of this matter; she knows nothing about it. So in this case, will it be a major divorce, or will Zayd, who is a scholar of shar‘i questions, be believed?

Answer

If the claimant’s witnesses really are such — that is, some of them are sinners (fasiq) and some are kafirs, as is recorded after the attached statements of the witnesses — and the defendant is honest and makes his statement on oath, then his word will be accepted.

Source: Fatawa Mahmudiyya

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