Question: My husband is addicted to smoking and is afflicted with asthma. We have faced many problems between us from trying to get him to quit. Five months ago, my husband prayed two rak'ahs to Allaah and swore that he would not smoke again. Just one week after his oath, he smoked again and the problems began between us again. I sought divorce from him. However, he promised that he would not smoke again forever.
However, I have no trust in him whatsoever. What is your sound opinion? What should he do as an expiation for his oath? What do you advise me to do? May Allaah reward you.
Response: Smoking is an evil, forbidden act. It is very harmful. In Soorah al-Maa.idah of the Noble Book, Allaah has said:
{They ask you what is lawful for them. Say, 'Lawful unto you are the good, wholesome foods}, [Soorah al-Maa.idah, Aayah 4].
In Soorah al-A'raaf, Allaah has stated in describing the Prophet Muhammad (sal-Allaahu `alayhe wa sallam):
{[He] who permits for them good things and prohibits for them as unlawful all evil things}, [Soorah al-A'raaf, Aayah 157].
There is no doubt that smoking is one of the evil, unwholesome things. It is obligatory upon your husband to stop smoking and remain away from it in obedience to Allaah and His Messenger (sal-Allaahu `alayhe wa sallam). He must also avoid any cause of Allaah's displeasure and he must safeguard the well-being of his religion and health as well as deal with you in a proper manner. He must make an expiation for the vow he broke. In addition to repenting to Allaah due to his returning to smoking, he must feed ten poor people or clothe them or free a believing slave. It is sufficient for him to give them dinners or lunch or to give each a half of saa' of the staple food of the land. Half of a saa' is approximately one and a half kilograms.
I advise you not to seek divorce if he prays, behaves well and gives up smoking. However, if he continues to perform this sinful act, there is nothing to prevent you from seeking divorce.
We ask Allaah for guidance and aid for a sincere repentance.
Shaykh Ibn Baaz
Fataawa al-Mar.ah. fatwaonline.com