What is the ruling regarding breaking an oath for one who swore to abstain from smoking cigarettes by divorce, knowing that his intention was complete abstinence and not divorcing his wife, and is his intention considered abstinence or divorce, and is it permissible for the two intentions to exist simultaneously?
If a person swears by divorce not to smoke cigarettes and then smokes, then if his intention was to prevent himself, he must offer expiation for a broken oath (kaffarat ) upon breaking it; because its ruling is that of an oath. However, if his intention was to separate from his wife should he smoke, a single divorce occurs. The common understanding is that the swearer intends to prevent himself and does not intend divorce. If he intended both matters together, divorce occurs. The wording of this oath does not imply repetition, so if he breaks it, the oath is dissolved, and nothing further is incumbent upon him if he reverts to smoking. It is advised to quit smoking by contemplating its harms, staying away from smokers, increasing good deeds, frequenting mosques, associating with the righteous, and fasting.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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