Swearing by haram to quit smoking: Does the divorce take effect?

Question:
The listener (M. M.) from Dammam sent a message saying: I present to you my problem, which is that I resolved to quit smoking, but instead of affirming my resolve before the listener by swearing by Allah, as a Muslim should do, I affirmed it by swearing by haram. Does the divorce take effect in this case, knowing that I remained silent for three days and then returned to doing what I had resolved to stop, believing that the oath was a yamin (oath) and not a divorce, and that I only said "haram" to emphasize my point to the listener? Is an expiation required in this case?

Answer:
Yes, if you intended to prevent yourself from smoking by declaring it haram, or by an oath, or by divorce, saying: "Haram is upon me" or "Divorce is upon me" if I smoke this tobacco, if I do not return to it, and your intention was to prevent yourself and emphasize your resolve, not to declare your wife haram if she did it, and not to divorce her if she did it, but rather to emphasize your resolve and bind yourself to abstain from smoking, then its ruling is the ruling of an oath, and you must pay its expiation, which is feeding ten poor people or clothing them. Fasting does not suffice if you are able to provide food or clothing; fasting does not suffice because it is only permissible in the case of inability for one who is unable to provide food, clothing, or freeing a slave. As for one who is able to do one of the three—able to feed ten poor people, or clothe them, or free a slave—he must do one of these three. If he is unable to do all of them, he fasts for three days, as stated in the Noble Qur'an in Surat al-Ma'idah.
However, if you intended to declare your wife haram if she did it, or intended to divorce her if she did it, then she becomes haram to you, and you must pay the expiation for zihar, which is freeing a slave, if you are able. If you are unable, you fast for two consecutive months, sixty days. If you are unable, you feed sixty poor people, thirty sa' (a dry measure of about 3 kg), each sa' being between two people from the staple food of the country, whether dates, rice, or otherwise. Each sa' is to be shared between two people, and the sa' is approximately three kilograms.
Likewise, if you intended divorce, if you said: "Divorce is upon me" and intended to divorce her if she smoked, it counts as one divorce. And you must take her back if you returned to smoking, provided you had not divorced her twice before this. It is permissible for you to take her back if you intended to effect the divorce. You should say: "Bear witness, so-and-so and so-and-so, that I have taken back my wife." This is the Sunnah (recommended practice); you bear witness with two people that you have taken back your wife after you resumed smoking.
It is obligatory upon you, my brother, to fear Allah, and to beware of smoking due to its great harm and much impurity. Allah, Glorified and Exalted is He, has only permitted His servants the good things, as He said (peace and blessings be upon him): : [al-Ma'idah:4], thus in Surat al-Ma'idah. And He said, Glorified is He, in Surat al-A'raf, describing the Prophet (peace and blessings be upon him): [al-A'raf:157].
There is no doubt that smoking is an abhorrent matter and that tobacco is among the impurities. The knowledgeable doctors and everyone who has used it have established that it is harmful and impure. So, my brother, you must fear Allah, beware of the evil of this affliction, stay away from it, and resolve with a sincere, manly resolve not to return to it. May Allah grant us and you success and guidance.