Fatwa #371173 August 2017India
Witness didn’t hear Ijaab and Qabool
Question
Assalamu Alaikum, Our nikah took place in front of two male witnesses. Almost a few weeks after the nikah was done one of the witnesses said he was doubtful whether he heard the ijaab o qabool(acceptance) from the boy's (my) tongue. Although I did say yes at the time of ijaab o qabool but the witness said he doesnt remember listening to me say anything. We (the couple) didn't pay heed to him because we thought this wouldn't affect our nikah. After around a year or two years our divorce took place when the I pronounced talaq three times. Now, the question is: Did the divorce actually take place considering whether the nikah was valid or not as the witness said he was doubtful about listening to my (boy's) ijaab o qabool? He still says he didn't hear the ijaab o qabool from my tongue.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We apologise for the belated response. The delay was due to a technical issue.
Why is it that you are considering the doubt of the witness now only after you issued your wife three divorces. Do you wish the doubt to be upheld in order to invalidate the Nikah and the three divorces? The issues of consideration are, you said yes to the Nikah. The witness knew he was in a Nikah gathering. The other witness did not object. Surely both witnesses were seated nearby where your’ll could hear each other. You continued with the Nikah for almost two years. If the previous Nikah was invalid, then you lived a life of sin and if the Nikah was valid, then the three divorces are valid.
In view of the above considerations, there is no reason to doubt the validity of your Nikah and accordingly, the three divorces issued are valid.
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.