Hadith record

6. Ali ibn Ibrahim has narrated from his father from and Ahmad ibn Muhammad from ibn abu Nasr who has said the following: “I once asked abu al-Hassan (a.s.), about the case of a man who divorces his wife in the presence of two just witnesses after going to bed with her. He (the Imam) said, ‘It is not a divorce,’ I then asked saying, ‘I pray to Allah to keep my soul in service for your cause, how is divorce according to Sunnah ?’ He (the Imam) said, ‘He divorces her after she becomes clean of Hayd (menses) in the presence of two just witnesses before going to bed with her as Allah, most Majestic, most Glorious, has said in His book. (65:2) If it is against what Allah has said it must be returned to the book of Allah, most Majestic, most Glorious.’ I then asked, ‘What happens if he divorces, in the presence of one witness and two women, during a Hayd (menses)-free period in which he has not gone to bed with her?’ He (the Imam) said, ‘Witnessing of women is not permissible in the case of divorce, however, it can be accepted along with other witnesses in a man-slaughter case if she is present.’ I then asked, ‘What happens if two Nasibiy men (people hostile to ‘ A’immah ) bear witness in the case of divorce, is it a divorce?’ He (the Imam) said, ‘Whoever is born on al-Fitrah (proper belief) his testimony is accepted in the case of divorce after it is known that he does good deeds.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.