Does divorce occur if a woman swears to smoke a hookah and the husband cries and distresses her to make her return to her family?
If the husband swears by the Qur'an that if his wife smokes shisha, she is divorced, then if she smokes shisha, the divorce occurs. The husband has the right to take her back if the triple divorce has not been completed. Some scholars are of the opinion that the divorce does not occur if the husband's intention was not divorce but rather a threat, and he must offer expiation for breaking an oath. However, if the husband swears by the Qur'an that he will divorce his wife if she smokes shisha, this is an affirmed promise with an oath, and divorce does not occur by her smoking it, but he is obligated to offer expiation for breaking an oath. Note that smoking shisha is forbidden.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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