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Scholars differ over whether having witnesses to taking one’s wife back is obligatory or recommended. ʿAbd al-Wahhāb held that it is recommended, by analogy with having witnesses to a sale. Ibn Bukayr and others held that it is obligatory, because Allah, Mighty and Majestic, says:

“And call to witness two just men from among you.” [Al-Talāq: 2]

A command entails obligation unless accompanied by evidence indicating otherwise. No such evidence accompanies this command, unlike the command to have witnesses to a sale, concerning which Allah says:

“If one of you entrusts another, let the one entrusted discharge his trust.” [Al-Baqara: 283]

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Having witnesses is obligatory according to those who require it, and recommended according to those who do not, to safeguard lawful sexual relations and the marital consequences of taking one’s wife back, such as mutual inheritance, the establishment of lineage, and other matters. Even those who consider it obligatory do not regard it as a condition for the validity of taking her back. Rather, it is an independent obligation, and whoever neglects it sins by doing so. The correct view, Allah willing, is that it is recommended, not obligatory; for were it obligatory, taking her back would depend upon it and would not be valid without it.

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On the Consolatory Gift

A divorcing husband is instructed to give this gift only to soothe the woman’s distress at the pain of divorce and to console her over their separation.

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With regard to the consolatory gift, divorced women fall into three categories: a woman divorced before consummation and before