He forbade his wife so that he would not smoke
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The first question of fatwa number ( 14229 )
Q1: He said: A married brother, married for five years (5 years), used to smoke heavily, and he wanted to quit smoking, so he said to himself in these words: "By Allah, my wife is haram (forbidden) to me if I do not quit smoking," but he was unable to quit smoking, and he asks: What is the ruling on his cohabitation with his wife after that previous statement, and if he repeated that
several times, and does intention intervene in this ruling? He also asks: Is the phrase he said, which is: "By Allah, my wife is haram to me," a permanent divorce or zihar? We ask for clarification. May Allah reward you with good.
A1: If your intention in forbidding your wife was to prevent yourself from smoking and you did not intend divorce, then no divorce takes place with this oath, but you are obligated to pay the expiation for an oath. If your intention in forbidding was that divorce would take place if you returned to smoking, then one divorce takes place on your wife, and you may take her back as long as she is in the waiting period, provided this is not the third divorce. You are also obligated to pay the expiation for an oath for breaking your oath. The expiation is: feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find the means, then fast for three days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: He said: A married brother, married for five years (5 years), used to smoke heavily, and he wanted to quit smoking, so he said to himself in these words: "By Allah, my wife is haram (forbidden) to me if I do not quit smoking," but he was unable to quit smoking, and he asks: What is the ruling on his cohabitation with his wife after that previous statement, and if he repeated that
several times, and does intention intervene in this ruling? He also asks: Is the phrase he said, which is: "By Allah, my wife is haram to me," a permanent divorce or zihar? We ask for clarification. May Allah reward you with good.
A1: If your intention in forbidding your wife was to prevent yourself from smoking and you did not intend divorce, then no divorce takes place with this oath, but you are obligated to pay the expiation for an oath. If your intention in forbidding was that divorce would take place if you returned to smoking, then one divorce takes place on your wife, and you may take her back as long as she is in the waiting period, provided this is not the third divorce. You are also obligated to pay the expiation for an oath for breaking your oath. The expiation is: feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find the means, then fast for three days. 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.
