Conditioning Divorce on an Action
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother H. J. 'A., may Allah guide him to all that is good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 4/3/1390 AH has reached us, may Allah guide you, and what it contained regarding your statement that you divorced with three divorces saying, "You will not enter your uncle's house," so you entered it; then you divorced saying, "You will not smoke cigarettes again," about four times, and you returned to smoking; and that you did not inform your wife of this; and that you have now repented and regretted it, and your desire for a ruling was known.
And the answer: If the reality is as you described, and your intention was not to part with your wife if you entered your uncle's house or smoked cigarettes, but rather your intention was to prevent yourself from entering the house and from smoking cigarettes, then the divorce did not take place.
And upon you are five expiations for oaths, each one being feeding ten poor people, for each poor person half a sa' (a dry measure of about 3 kg) of dates, rice, wheat, or barley. And if you give each of the ten poor people two and a half sa's, that suffices for the five expiations; because each divorce in the five instances is in the ruling of an oath if you returned to it in each of the four instances regarding the cigarettes.
As for if you divorced four times regarding smoking cigarettes, each one after the first intending to confirm what came before it, and you did not return to it except after the fourth, then upon you is only one expiation for that, along with the expiation for the divorce regarding entering your uncle's house. We advise you to be cautious of such matters, and to guard your tongue from what is not befitting—may Allah guide us and you to His straight path, and protect us and you and the rest of the Muslims from the whispers of Satan—and praise be to Allah who has granted you repentance from this foul, abominable cigarette—may Allah keep you firm upon the truth, and suffice you from the evil of your own self.
And if anything of what I have mentioned to you is unclear, then present this letter of mine to the honorable Shaykh 'A. Z. H., or another of the judges, and he will clarify for you what is unclear to you of it—if Allah wills—and may Allah guide them all.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 4/3/1390 AH has reached us, may Allah guide you, and what it contained regarding your statement that you divorced with three divorces saying, "You will not enter your uncle's house," so you entered it; then you divorced saying, "You will not smoke cigarettes again," about four times, and you returned to smoking; and that you did not inform your wife of this; and that you have now repented and regretted it, and your desire for a ruling was known.
And the answer: If the reality is as you described, and your intention was not to part with your wife if you entered your uncle's house or smoked cigarettes, but rather your intention was to prevent yourself from entering the house and from smoking cigarettes, then the divorce did not take place.
And upon you are five expiations for oaths, each one being feeding ten poor people, for each poor person half a sa' (a dry measure of about 3 kg) of dates, rice, wheat, or barley. And if you give each of the ten poor people two and a half sa's, that suffices for the five expiations; because each divorce in the five instances is in the ruling of an oath if you returned to it in each of the four instances regarding the cigarettes.
As for if you divorced four times regarding smoking cigarettes, each one after the first intending to confirm what came before it, and you did not return to it except after the fourth, then upon you is only one expiation for that, along with the expiation for the divorce regarding entering your uncle's house. We advise you to be cautious of such matters, and to guard your tongue from what is not befitting—may Allah guide us and you to His straight path, and protect us and you and the rest of the Muslims from the whispers of Satan—and praise be to Allah who has granted you repentance from this foul, abominable cigarette—may Allah keep you firm upon the truth, and suffice you from the evil of your own self.
And if anything of what I have mentioned to you is unclear, then present this letter of mine to the honorable Shaykh 'A. Z. H., or another of the judges, and he will clarify for you what is unclear to you of it—if Allah wills—and may Allah guide them all.
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.