Does the divorce, which the father made conditional upon smoking inside the house, take effect if the son smokes in an external bathroom attached to the house, and does anything become incumbent upon the son?
The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition, regardless of whether the intent was divorce itself, or to emphasize a matter, or to encourage or prevent something. This is the view upon which fatwa is given. This is contrary to Ibn Taymiyyah, who is of the opinion that if the swearer did not intend divorce, but rather prevention or encouragement, then the divorce does not occur; instead, he is required to pay an expiation for breaking an oath (kaffarat yamin). The preponderant view is that the determinant in defining the condition is the intention of the swearer. If the place where the brother smoked falls within the father's intention, then the divorce has occurred. If the brother smoked while forgetting his father's oath, there is a difference of opinion regarding the occurrence of divorce. The brother is only obliged to repent from smoking and disobeying his father. It is advised to present the matter to trustworthy scholars.
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- 131083
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