The marriage is only slightly disordered by the [single] pronouncement of divorce, and the cause of its termination has been established by it, so the return (raj'ah) removes this disorder and interrupts its progression toward finality (bayunah), and thus it does not require for that what the initiation of a marriage requires. As for the testimony, there are two narrations regarding it: one is that it is obligatory. This is one of the two opinions of Al-Shafi'i; because Allah the Exalted said: "...and take for witness two persons from among you, endowed with justice" (Al-Talaq: 2). The manifest meaning of the command is obligation, and because it is an act of making a protected part (bud') lawful, it is intended, so testimony is obligatory therein, like marriage, and the reverse of it is sale. The second narration is that testimony is not obligatory. This is the preference of Abu Bakr, and the opinion of Malik and Abu Hanifah, because it does not require acceptance, so it does not require testimony, like other rights of the husband. Also, because that which does not have a guardian as a condition, does not have witnessing as a condition, like a sale. In that case, the command is understood as recommendation. There is no disagreement among the scholars that the Sunnah is to bear witness. If we say it is a condition, then its presence is considered at the time of the return; so if he takes her back without testimony, it is not valid, because what is considered is its presence at the return, not the acknowledgment of it, unless the intention of that acknowledgment is the return itself, then it is valid.

Section: The manifest meaning of Al-Khiraqi's statement is that the return does not occur except by speech, according to his saying: "The return (raj'ah) is for him to say..." This is the school of Al-Shafi'i, because it is an act of making a protected part lawful, which is intended, and for which one has been commanded to bear witness, so it does not occur from one who is capable without speech, like marriage. Also, because [anything] other than speech is an act from one who is capable of speech, so the return does not occur by it, like gesturing from one who can speak. This is one of the two narrations from Ahmad. The second narration is that the return occurs through intercourse, whether he intended the return by it or did not intend it. This was chosen by Ibn Hamid and Al-Qadi. This is the opinion of Sa'id ibn al-Musayyib, Al-Hasan, Ibn Sirin, 'Ata', Tawus, Al-Zuhri, Al-Thawri, Al-Awza'i, Ibn Abi Layla,