Does divorce occur if I smoked after my husband swore to divorce me if I did so, given that I don't remember if the smoking was before or after the oath, and I was unaware that divorce would occur?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a man swears to divorce his wife should she smoke, then, if she smokes, the divorce occurs according to the majority of scholars. However, Sheikh al-Islam Ibn Taymiyyah and some scholars hold that the divorce does not occur if his intention was to threaten, and he is obligated to offer an expiation for a broken oath. Divorce does not occur merely by doubt; rather, certainty is required. So, if a man doubts whether the divorce occurred or whether the condition upon which it was suspended was met, the divorce does not occur, because the marriage is established with certainty and is not removed by doubt.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/12234
Where this answer came from
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- Ftawy
- Original fatwa ID
- 12234
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy