What is the ruling on a man who divorced his wife because she smokes, then took her back and made the continuation of the marriage conditional on her not returning to smoking, neither by smoking it nor by putting it in her mouth?

The Shaykh: Yes.

The questioner : Peace be upon you, and Allah’s mercy and blessings.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings and His forgiveness.

The questioner : How are you?

The Shaykh : Praise be to Allah, I am well.

The questioner : May Allah bless you.

The Shaykh : Welcome.

The questioner : I ask Allah to grant you presence. This is a question I have not asked you in a long time.

The Shaykh: Go ahead.

The questioner : The question is: A man whose wife smokes.

The Shaykh : Yes.

The questioner : So he said to her, "You are divorced."

The Shaykh : Yes.

The questioner : So this was a revocable divorce, and he counted it as one. After that, he took her back, and she counted it as a revocable divorce, so he took her back. Then he said in a gathering at her family's house, "If I see you smoking cigarettes or putting them in your mouth, you are considered divorced." So there was a misunderstanding between them, and she brought a cigarette and put it in her mouth against his will, so that she would be divorced.

The Shaykh : How? How?

The questioner : She took a cigarette from the pack and put it in her mouth.

The Shaykh : Yes.

The questioner : So what is the ruling?

The Shaykh : I mean, did she smoke a cigarette?

The questioner : She did not smoke it.

The Shaykh : Yes.

The questioner : She did not smoke it; she just put it in her mouth.

The Shaykh : And what were you saying?

The questioner: Yes.

The Shaykh : And what did you say?

The questioner : He said, "If I see you smoking cigarettes, you are divorced."

The Shaykh : So did you see her smoke the second time?

The questioner : She did not smoke, but she put the cigarette in her mouth intentionally.

The Shaykh : That is it, there is nothing.

The questioner : There is nothing.

The Shaykh: Yes.

The questioner : ... I said, "If I see you smoking or not smoking?" So the question is asked again.

The Shaykh: Yes.

The questioner : The man said, "If I see you, if I see you put the cigarette in your mouth for the purpose of smoking, you are divorced." So when there was a misunderstanding between them, she brought a cigarette and put it in her mouth not for the purpose of smoking, but for the purpose of being divorced. So what is the ruling?

The Shaykh : It means that what he threatened her with occurred. This is different from the first question.

The questioner: Yes.

The Shaykh : It is different, but you must know that divorce does not take place in such a case unless he testifies to her divorce.

The questioner : Yes, did you not deal with the opposite of her intention in this?

The Shaykh : How?

The questioner : Did you not deal with the opposite of her intention? I mean, she intended divorce, for example. Did you not deal with the opposite by not divorcing her?

The Shaykh : My brother, leave it alone. Did the condition I mentioned to you occur?

The questioner: Yes.

The Shaykh : Did the condition occur?

The questioner: Yes.

The Shaykh : What, yes?

The questioner : I mean, did the condition occur, that it was established that she put the cigarette in her mouth?

The Shaykh : May Allah guide you. I told you that a divorce like this does not take place except with two witnesses.

The questioner : Yes, yes.

The Shaykh : I am telling you, did the two witnesses verify it?

The questioner : They did not verify it.

The Shaykh : So there is no divorce there.

The questioner : I mean, the divorce did not take place.

The Shaykh : Yes.

The questioner : May Allah bless you.

The Shaykh : And you.

The questioner: Peace be upon you.

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.

The questioner : Our Shaykh, regarding wet dreams...