The conditions required for the validity of a husband's revocation (raja'ah) of a revocable divorce.
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
Revocation does not require a guardian (wali), a dowry (mahr), the wife's consent, or even her knowledge. This is based on the consensus of scholars due to the fact that a revocable divorcee remains in the status of a wife, and revocation is the retention ('imsak) and continuation of her marriage. Allah the Exalted named revocation as retention ('imsak) and leaving it as separation or release (firaq or sarah), as stated in Quran 65:2: "Then when they have nearly reached their term, either retain them according to known terms or part with them according to known terms," and Quran 2:229: "Either retain [her] in fairness or release her with good treatment." Since the marriage bond is loosened by the first pronouncement of divorce, revocation mends this loosening and prevents it from progressing to final separation (baynunah), thus not requiring the prerequisites of initiating a new marriage.
Supporting text
There is a difference of opinion regarding the requirement of witnesses. One view holds that witnesses are obligatory, aligning with one position of Al-Shafi'i, based on Quran 65:2: "...and have two just men from among you bear witness," implying obligation. It is argued that since witnessing is necessary for establishing the lawfulness of intercourse (istibaha of the private parts), it is obligatory, similar to marriage, but unlike a sale. The second view, preferred by Abu Bakr, Malik, and Abu Hanifa, is that witnesses are not obligatory because revocation does not require acceptance (qabul), and thus does not require witnessing, unlike other marital rights. Furthermore, what does not require a guardian does not require a witness, as in a sale. Under this view, the command for witnessing is interpreted as recommending (mustahabb).