The Marriage of a Smoker
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The second question of Fatwa No. ( 10332 )
Q2: My nephew proposed to my daughter, and I knew that he smokes and that he is weak in his prayer. I agreed to it on the condition that he quit smoking entirely and that he maintain his prayers. He accepted my condition and agreed to it, and he made a firm, binding oath with me. He brought his father and mother,
and two of his uncles, and I informed them of my conditions and made everyone a witness to that. I gave him a week to think and consider the matter and the condition. Then, after a week, he came to me and swore by Allah that he would not return to smoking and that he would stick to his prayers, and he repented to Allah with a sincere repentance. So I swore by Allah that if you return to that and break my condition and the oath you made with Allah, I will not accept your head, nor your nose, nor any part of your body, unless you are in a coma or dead—may Allah grant us and you health and safety—except that there is no harm in a handshake between us, because I excluded it from my oath. I helped him in his marriage with (100,000 riyals) and married the daughter to him without any payment. A dispute arose between him and her twice, so I returned her to him both times. Then the third dispute occurred, and she is now in my house and remains there. I have known with certainty that he has returned to smoking and is weak in his prayer. I want to inform you that I do not want anything from the things of this world, neither money nor anything else, but I gave him the money as a mahr and assistance for him, and I was happy with his repentance and his quitting smoking: A—What is the ruling on my oath that I swore? B—What is the ruling on my daughter (his wife) with him and returning her to him? I inform you that this daughter (his wife) is the second wife; he took the first one before her, and he has children from her, and she remained with him even after he married my daughter. I inform you
that my daughter has not borne him any children. Guide us to what is good, may Allah preserve you.
A: 2 Abandoning the prayer out of denial of its obligation is disbelief by consensus. Abandoning it out of negligence and laziness is disbelief according to the stronger of the scholars' opinions. It is not permissible to marry someone who abandons one of the five obligatory prayers; rather, one must seek to annul the marriage from him, and that is by referring to the judge of the court in your country. As for your oath, if you did not break it, then you owe nothing. If you did break it, then you must expiate the oath of an oath, which is: feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find the means to do so, 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.
Q2: My nephew proposed to my daughter, and I knew that he smokes and that he is weak in his prayer. I agreed to it on the condition that he quit smoking entirely and that he maintain his prayers. He accepted my condition and agreed to it, and he made a firm, binding oath with me. He brought his father and mother,
and two of his uncles, and I informed them of my conditions and made everyone a witness to that. I gave him a week to think and consider the matter and the condition. Then, after a week, he came to me and swore by Allah that he would not return to smoking and that he would stick to his prayers, and he repented to Allah with a sincere repentance. So I swore by Allah that if you return to that and break my condition and the oath you made with Allah, I will not accept your head, nor your nose, nor any part of your body, unless you are in a coma or dead—may Allah grant us and you health and safety—except that there is no harm in a handshake between us, because I excluded it from my oath. I helped him in his marriage with (100,000 riyals) and married the daughter to him without any payment. A dispute arose between him and her twice, so I returned her to him both times. Then the third dispute occurred, and she is now in my house and remains there. I have known with certainty that he has returned to smoking and is weak in his prayer. I want to inform you that I do not want anything from the things of this world, neither money nor anything else, but I gave him the money as a mahr and assistance for him, and I was happy with his repentance and his quitting smoking: A—What is the ruling on my oath that I swore? B—What is the ruling on my daughter (his wife) with him and returning her to him? I inform you that this daughter (his wife) is the second wife; he took the first one before her, and he has children from her, and she remained with him even after he married my daughter. I inform you
that my daughter has not borne him any children. Guide us to what is good, may Allah preserve you.
A: 2 Abandoning the prayer out of denial of its obligation is disbelief by consensus. Abandoning it out of negligence and laziness is disbelief according to the stronger of the scholars' opinions. It is not permissible to marry someone who abandons one of the five obligatory prayers; rather, one must seek to annul the marriage from him, and that is by referring to the judge of the court in your country. As for your oath, if you did not break it, then you owe nothing. If you did break it, then you must expiate the oath of an oath, which is: feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find the means to do so, 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.