Does a divorce take place upon saying, "Your sister will be divorced if we do such and such," and "such and such" is done by the brother, without the wife's knowledge and with a slight attempt to prevent it?
What occurred is that the wife's divorce was made contingent on the act of smoking. The majority of jurists hold that if the condition upon which the divorce was suspended is met, the divorce takes place. The husband's prohibition or the wife's lack of knowledge does not affect this, because the divorce is not contingent on her action. Some scholars, however, are of the view that a contingent divorce, if intended as a deterrent, does not take place. This is stated with an emphasis on the impermissibility of smoking and a warning against weakening marital life by exposing it to divorce for the slightest reason.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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