A man who divorced his wife, was found having intercourse with her, was testified against, and denied having divorced her

Amr said that it is reported from al-Hasan al-Basri concerning four men who testified against a man that he had given his wife three divorces; that man denied it and admitted to intercourse with his wife. He said: "There will be no prescribed punishment on him, because he is denying it."

Qatadah and Jabir bin Zayd said: "The two of them will be separated by the testimony of two or three men, and he will be stoned by the testimony of four people."

Sa'id said that people reported, on the authority of Habib bin Abi Dhi'b, that Sayyiduna Umar (may Allah be pleased with him) said: "The two of them will be separated by the testimony of four or more men; then if he returns (to her), he will be stoned."

Sa'id said that people reported on the authority of Ibrahim that he said: "The two of them will be separated by the testimony of four men, and in the case of more than that, he is to be stoned."

Muhammad bin Salim said that al-Sha'bi was asked about a man against whom several witnesses testified that he had given his wife three divorces; he denied this, and he used to have intercourse with her. What is the ruling on this? Al-Sha'bi said: "The punishment will be averted from him because of his denial."

Ibn Jurayj said that it is reported from Ata concerning a man who divorced his wife, and two witnesses also testified to it. Then that man came to the town where his wife was and had intercourse with her. That man admits having intercourse with her and denies having divorced her. Ata said: "The testimony of those two witnesses will be valid, the two of them will be separated, and the prescribed punishment will not be applied to that man."

Qatadah said that a man gave his wife three divorces and after that began having intercourse with her. Sayyiduna Ammar (may Allah be pleased with him) was asked about this. He said: "If I had power over him, I would surely stone him."

This statement of Sayyiduna Ammar (may Allah be pleased with him) is also reported from Khilas.

Isa bin Asim said: Some people set out on a journey. They passed by a man and stayed with him, and during that time the man gave his wife three divorces. Then they returned and found him with that woman, so they brought him before Shurayh and said: "This man had given his wife three divorces, and we found him with that woman." The man was denying it. At this he said: "Do you testify that this man is an adulterer?" They repeated their statement as they had said it. Then he asked: "Do you testify that this man is an adulterer?" They repeated their words again, so he separated the two of them, did not apply the prescribed punishment to the two of them, and accepted their testimony as valid.