My Husband is Addicted to Smoking

Question :

My husband is addicted to smoking, and he suffers from asthma, and many problems have occurred between us on account of his giving it up. Then five months ago, he prayed two Rak'ahs and swore that he would not smoke again, but he went back to smoking one week after his oath and the problems between us returned. So I requested a divorce from him, but he promised me that he would not do it again and he gave it up for good. However, I am not completely sure of him, so what is your correct opinion? And what is the atonement for his swearing? And what do you advise me to do? May Allah reward you with goodness.

Answer:

Smoking is an evil, forbidden act and its harmful effects are many, and Allah, Most Glorified has said in His Noble Book, in Surah Al-Ma'idah:
"They ask you (O Muhammad) what is lawful for them (as food). Say: "Lawful unto you are At-Tayyibat [all kinds of Halal (lawful-good)."

He says in Surah Al-A'raf, describing the Prophet:
"he allows them as lawful At-Tayyibat (i.e. all good and lawful as regards things, deeds, beliefs, persons and foods), and prohibits them as unlawful Al-Khaba'ith (i.e. all evil and unlawful as regards things, deeds, beliefs, persons and foods).

There is no doubt that smoking is from Al-Khaba'ith. Therefore it is an obligation on your husband to give it up, and to beware of it, in obedience to Allah, Most Glorified and His Messenger ﷺ.

He must beware of all means of invoking Allah's Anger, and he must safeguard his religion and his health in order to live with you in kindness.

Regarding his oath, it is an obligation upon him to atone for it, and to turn to Allah, Most Glorified in repentance, because he returned to it (i.e., smoking). The atonement is to feed ten poor persons, or to clothe them, or to free a believing slave. It is sufficient to give them dinner or lunch, or to give each one of them half a Sa' of the staple food of the country, and that is approximately one and a half kilograms. And we advise you not to seek a divorce if he prays and his behavior is good, and he has given up smoking. However, if he continues his disobedience, then there is no objection to your seeking a divorce. And we ask Allah to guide him, and to grant him success in achieving sincere repentance.

Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages 379-380