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The question

What is the ruling on my marriage to a man whom I stipulated should tell me, "You are forbidden to me if I ever smoke again," and he is smoking now? And is his saying, "You are not upon my neck," and "You are divorced," considered a divorce? If so, how many divorces have occurred? And how can he take me back into his عصمة (marital bond)?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Smoking is forbidden (). The husband's statement to his wife, "You are forbidden to me if you smoke again," is a conditional prohibition of her upon smoking. The predominant view regarding this depends on the husband's intention. As for his statement the second time, "You are not on my neck," this is an implied divorce (kinayah) that takes effect according to his intention. However, his statement the third time, "You are divorced," is an explicit divorce (sarih) that effects divorce absolutely. Anger does not prevent the occurrence of divorce unless the husband does not comprehend what he is saying. Due to the multiplicity of possibilities in the husband's statements, we advise consulting a trustworthy scholar directly or referring the matter to a court. A wife leaving her husband's house is forbidden if it is without his permission or a legitimate excuse. A divorced woman must observe her ' (waiting period) in her husband's house. We emphasize the importance of both spouses striving for family stability, avoiding causes of discord, and being cautious about using divorce as a means to solve problems.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
181933
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.
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Read the full answer on Ftawy