Respected Uoolma of Dewoband! This is Nazir Ahmad from Afghanistan. I have a question for which I require your assistance and answer. Please kindly give me the answer to the question bellow: I used to be addicted to Tobacco and Cigarettes and one day I stop using both and toke on ought by three times saying that I will divorce (Talaq) my wife if I either take Tobacco or smoke cigarettes. Back few days I had a cough and someone advised me to smoke Cigarettes and it will help with the cough relief. So I smoke cigarettes for the cure of the cough and now I am in a very bad situation that I should divorce my wife; where divorce is really-really bad in our culture and tradition. Please help me if there will be any solution in Islam for that type of Talaq (Divorce). I look forward to hearing from you soonest possible Sirs! Best Regards!
Answer:
(Fatwa: 701/528=L/1430)
In the case mentioned above, if you said these words that you will divorce your wife if you took tobacco or smoked cigarette, you are not required to give talaq (divorce) to your wife. Only you have to pay the kaffarah (expiation) of the oath. But, if the wording of the condition was different, the ruling also will differ. In such case, you should submit the question again.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband