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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on swearing by divorce with the intention of restraining oneself from something

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This is a message received from Jamal Abd al-Basit, an Egyptian national residing in the Kingdom. He says: I smoke cigarettes, and I said: “If I smoke, my wife is divorced,” then “If I smoke, my wife is divorced,” then “If I smoke, my wife is divorced,” that I would not smoke again. Then I smoked. Please inform me of the ruling. May Allah reward you.
Answer: First, my brother! We advise you to leave smoking; because it is foul and harmful, and its harm is great. So it is obligatory for you to leave it, and to seek help from Allah in doing so, and to engage in matters that help you in that, according to your ability, and to benefit from doctors in that, perhaps they will benefit you with something that helps you leave it.
As for this divorce, you are in one of two situations: If you intended to separate from your wife with the three divorces if you smoked, then you have divorced your wife three times, if you intended to effect the three divorces upon her with this statement if you smoked. But if you did not, and you only intended to restrain yourself, meaning by this you intended to restrain yourself from smoking, you did not intend to effect the divorce, and you do not want the divorce, but you want to restrain yourself and be strict with yourself, perhaps you will leave it, perhaps you will be safe from its evil, then this has the ruling of an oath. So upon you is the expiation of the oath, which is feeding ten poor people or clothing them. This is what is upon you, and the divorce does not take place; because it was not mentioned and not intended, but you intended to restrain yourself from smoking. So if you smoked, upon you is repentance to Allah; because it is forbidden, and upon you is the expiation of the oath; because you did not intend to effect the divorce but intended to restrain yourself from this smoking. So upon you is the expiation of the oath, which, as mentioned, is feeding ten poor people, for each poor person half a sa' of the food of the land, from dates or rice or other, and it is approximately one and a half kilograms, or clothing them with what suffices them in prayer, like a shirt, or an izar and a rida, or freeing a slave if you find slaves, freeing a slave. This is the expiation of the oath. So whoever is unable to do that because he is poor and cannot feed or clothe or free, then it suffices for him to fast three days, as Allah made that clear in His great Book in Surat al-Ma'idah. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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