Oath to smoke tobacco with the divorce of his two wives
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Fatwa No. ( 4744 )
Q: I used to smoke, and my mother came to me and gave me one thousand riyals for quitting smoking, and she made it a condition that I divorce my two wives, and II said: I have sworn to divorce the two women if I do not smoke,and I took the one thousand riyals from her, and if I smoke, the one thousand becomes three thousand riyals, and it is not my belief that women are to be divorced; my intention was greed for the one thousand riyals, and my intention was that Allah would protect me from it. Please give us a ruling on what happened, may Allah reward you with good.
A. If the reality of the oath is as you described, that your intention was to prevent
A: Since your intention was to deter yourself from smoking and from being greedy to take the money, no divorce takes effect on you by your smoking. However, you must pay an expiation for breaking your oath, which is: feeding ten poor people from the mid-grade food you feed your family, or clothing them, giving each of the ten a garment. Alternatively, it is sufficient to give the ten five sa' (a dry measure of about 3 kg) of wheat, dates, rice, or corn of the same kind as what you feed your family, with each person receiving half a sa'. If you cannot do any of that, fast for three days, and it is better if they are consecutive. However, if your intention in swearing by divorce was to divorce your two wives and separate from them if you smoked, then both are divorced with one divorce by your smoking, and you may take back each of them with the testimony of two just witnesses as long as she is in the waiting period. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I used to smoke, and my mother came to me and gave me one thousand riyals for quitting smoking, and she made it a condition that I divorce my two wives, and II said: I have sworn to divorce the two women if I do not smoke,and I took the one thousand riyals from her, and if I smoke, the one thousand becomes three thousand riyals, and it is not my belief that women are to be divorced; my intention was greed for the one thousand riyals, and my intention was that Allah would protect me from it. Please give us a ruling on what happened, may Allah reward you with good.
A. If the reality of the oath is as you described, that your intention was to prevent
A: Since your intention was to deter yourself from smoking and from being greedy to take the money, no divorce takes effect on you by your smoking. However, you must pay an expiation for breaking your oath, which is: feeding ten poor people from the mid-grade food you feed your family, or clothing them, giving each of the ten a garment. Alternatively, it is sufficient to give the ten five sa' (a dry measure of about 3 kg) of wheat, dates, rice, or corn of the same kind as what you feed your family, with each person receiving half a sa'. If you cannot do any of that, fast for three days, and it is better if they are consecutive. However, if your intention in swearing by divorce was to divorce your two wives and separate from them if you smoked, then both are divorced with one divorce by your smoking, and you may take back each of them with the testimony of two just witnesses as long as she is in the waiting period. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.