Does divorce occur if the husband returns to smoking cigarettes, based on a prior agreement between the spouses to that effect?

The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition. So, if a husband conditions his wife's divorce on his returning to smoking, it takes effect if he returns to it. He may take her back if it is not the third divorce. This is contrary to the view of Ibn Taymiyyah, who holds that it does not take effect if he did not intend divorce, or if the divorce was an innovated divorce (bid'i). However, if the wording was merely a promise of divorce, then the divorce does not take effect upon his return to smoking. If the spouses disagree on the wording of the oath, the husband's statement is accepted judicially, but the wife acts according to her certainty. Smoking is forbidden, and it is permissible for the wife to seek khul' from her smoking husband.