Musannaf Ibn Abi Shaybah

Hazrat Amr narrates that Hasan Basri was asked about four men who testified against a man that indeed he had given his wife three divorces, but that man denied it and admitted to having intercourse with his wife. He (Hasan Basri) said: There will be no hadd (legal punishment) upon him because he is denying it.

Hazrat Qatadah and Hazrat Jabir bin Zaid said: Separation will be established between the two by the testimony of two or three men, and by the testimony of four people, stoning will be carried out.

Hazrat Saeed narrates that people reported from Habib bin Abi Dhib that Hazrat Umar said: Separation will be established between the two on the testimony of four or more men; then if they return to it again, they will be stoned.

Hazrat Saeed says that people have reported from Ibrahim that he said: Separation will be carried out between the two on the testimony of four men, and in the case of more than this, she will be stoned.

Hazrat Muhammad bin Salim narrates that Hazrat Sha’bi was asked about a man regarding whom several witnesses testified that indeed he had divorced his wife, but he denied it and was having intercourse with her. What is the ruling about this? Hazrat Sha’bi replied: Due to his denial, the punishment will be waived from him.

Hazrat Ibn Jurayj narrates that Hazrat Ata reports about a man who divorced his wife, and then two witnesses also gave testimony. Then that man came to the town where his wife was and had intercourse with her. The man admits to having intercourse with her but denies having divorced her. Hazrat Ata said: The testimony of those two witnesses will be valid, and separation will be established between them, and the man will not be subjected to the prescribed punishment.

Hazrat Qatadah narrates that a man gave his wife three divorces, then after that he started having intercourse with her. Regarding this, Hazrat Ammar was asked. He said: If I had power over him, I would certainly have stoned him to death.

This aforementioned statement of Hazrat Ammar is also narrated from Hazrat Khallas.

Hazrat Isa bin Asim narrates that some people set out on a journey and passed by a man, so they stayed with him. During this time, that man gave his wife three divorces. Then when they returned, they found him with that woman. So they presented him before Hazrat Shurayh and said: Indeed, this man had given his wife three divorces and we found him with that woman, while the man was denying it. Upon this, he (Hazrat Shurayh) said: Do you testify that this man is an adulterer? So they repeated their statement as they had said before. Then he asked: Do you testify that this man is an adulterer? They again repeated their statement. So he separated them (the man and the woman) but did not impose the hadd (punishment) on either of them and accepted their testimony.