The ruling on divorce conditional on a condition, if the condition is fulfilled while in a state of forgetfulness
Machine translationRead the Arabic original
Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother: A. S. M. May Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 6/10/1389 AH reached us, may Allah guide you, and it contained the information about a man who contracted marriage with a woman, and at the time of the contract he was conditioned not to use tobacco, the radio, or the television, and that if he did any of these things, she would be divorced without taking her back and without compensation, and that it is known about him that he used to use tobacco previously, and that he smoked tobacco while in a state of forgetfulness, and your desire for a fatwa, it was known.
And the answer: If the aforementioned person smoked tobacco while in a state of forgetfulness, then no divorce takes place with respect to his wife on account of that; because among the conditions for its occurrence is that he must have intentionally done what the divorce was conditioned upon, and the one who is in a state of forgetfulness has not intentionally done it in the Shari'ah.
May Allah guide everyone to what brings Him pleasure, and keep us and you and all other Muslims away from all of His anger; indeed He is Generous and Noble.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 6/10/1389 AH reached us, may Allah guide you, and it contained the information about a man who contracted marriage with a woman, and at the time of the contract he was conditioned not to use tobacco, the radio, or the television, and that if he did any of these things, she would be divorced without taking her back and without compensation, and that it is known about him that he used to use tobacco previously, and that he smoked tobacco while in a state of forgetfulness, and your desire for a fatwa, it was known.
And the answer: If the aforementioned person smoked tobacco while in a state of forgetfulness, then no divorce takes place with respect to his wife on account of that; because among the conditions for its occurrence is that he must have intentionally done what the divorce was conditioned upon, and the one who is in a state of forgetfulness has not intentionally done it in the Shari'ah.
May Allah guide everyone to what brings Him pleasure, and keep us and you and all other Muslims away from all of His anger; indeed He is Generous and Noble.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.