He was asked about a man who divorces his wife, then has intercourse with her, without having had witnesses to the divorce or to taking her back.He replied, "You divorced contrary to the Sunnah, and you took her back contrary to the Sunnah. Have witnesses present for her divorce and for taking her back, and do not do this again."
سئل عن الرجل يطلق امرأته، ثم يقع بها، ولم يشهد على طلاقها، ولا على رجعتها. فقال: طلقت لغير سنة، وراجعت لغير سنة. أشهد على طلاقها، وعلى رجعتها، ولا تعد.
Abu Dawud (2186) and Ibn Majah (2025) both narrated it from Bishr bin Hilal Sawwaf, who said, Jafar bin Sulayman Dubai told us, from Yazid Rishk, from Mutarrif bin Abdullah bin Shikhir, that Imran bin Husayn was asked, and he mentioned it.Its isnad is hasan, because of the discussion surrounding Jafar bin Sulayman Dubai. Ibn Main and Ibn Madini both deemed him trustworthy, while Bukhari said, "He contradicts others in some of his hadith." The conclusion regarding him is that his hadith is hasan, unless his contradiction is established. Likewise, there is some minor discussion concerning Mutarrif bin Abdullah bin Shikhir, but it does not cause harm.As for the statement of Allah Most High, "And have two just men from among you witness it" [Talaq 65:2], this applies to these two acts, namely divorce and taking the wife back, and the command here is one of recommendation, like His statement, "And call in witnesses when you make a commercial contract" [Baqarah 2:282], and His statement, "So when you hand over their property to them, take witnesses over them" [Nisa 4:6]. This is because bearing witness in a commercial transaction is not obligatory, and the same applies to divorce and taking the wife back.