What are the consequences of saying "you are unlawful to me if I smoke again" and then returning to smoking, and are there consequences for delaying the inquiry about the ruling?

The majority of jurists hold that a wife is divorced if her husband says, "By divorce, if I do such-and-such," and then proceeds to do it, regardless of whether he intended to make the divorce conditional or merely to swear an oath. Others, however, believe that he should be asked about his intention; if he intended to make the divorce conditional, then the divorce occurs. But if he only intended to swear an oath, then no divorce occurs, and he must offer expiation for a broken oath (kaffarat yamin). Swearing by divorce is forbidden in Islamic law and is considered among the oaths of the dissolute, as it exposes the marriage to dissolution. One must repent from swearing by divorce and from smoking; it is a sin because it involves harm and impurity. A Muslim should ask people of knowledge about what is unclear to him.