I needed to know if this will be considered a never-ending vow of divorce and how one can get out of it by offering Kaffarah etc.
If due to some absurd reason if a person X who is single and makes a statement that everytime he gets married then he is divorced or everytime he performs nikaah he is automatically divorced then can he ever get out of such a never-ending divorce statement about the future? Remember he is not married at the time.
Will he not be able to marry anyone now for the rest of his life? Is there anything he can do to get out of this problem?
Another point is that he is not 100% sure whether he spoke those words. He knows for sure that he had lot of those thoughts in his mind but does not remember for sure that while he was thinking whether he uttered the statement or not.
Please answer for both situations (1. if he did say it and 2. if he is not sure). Jazzak Allah.
A person who utters a statement that everytime he gets married or everytime he performs Nikah, he is divorced and thereafter get married, his wife will be divorced.
The only way for him to get out of such a predicament is that he should go up to a third person (z) and tell him about the statement he has made and his only way to get married without divorce is that a third person gets him married to a girl without him knowing and after he comes to know about it he consents to the Nikah, the Nikah will take place and there will be no divorce.
If z gets this person married, without this personís permission, thereafter he comes to know about it and consents to it the Nikah will take place and there will be no divorce. (Raddul Muhtaar vol.3 pg.348)
If a person is not sure if he uttered the words of divorce or any statement pertaining to divorce, it will be as though he did not utter those words, and if he gets married, no divorce will take place.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai