Oath-Making in a State of Forgetfulness
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Fatwa No. ( 234 )
Q: A man swore by saying, "It is forbidden (haram) and it is a divorce that he will not do such-and-such," and he did it while forgetting. He asks what the consequences are?
A: If the matter is as stated, that the one who swore by "haram" and "divorce" did what he swore against while forgetting, then he does not break his oath, and his oath remains; because of the saying of Allah the Exalted:[Al-Ahzab 33:5], and because of the saying of the Prophet (peace and blessings be upon him): Sunan ad-Daraqutni 23:30; and because he did not intend to violate it, so he is like a sleeping person. This is a narration from Imam Ahmad that he prioritized in (Al-Khalasa). He said in (Al-Furu'): "This is the most apparent." He approved it in (Al-Insaf), and Shaykh al-Islam Ibn Taymiyyah chose it. Consequently, no divorce or prohibition results from his doing what he swore against while forgetting.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man swore by saying, "It is forbidden (haram) and it is a divorce that he will not do such-and-such," and he did it while forgetting. He asks what the consequences are?
A: If the matter is as stated, that the one who swore by "haram" and "divorce" did what he swore against while forgetting, then he does not break his oath, and his oath remains; because of the saying of Allah the Exalted:
And there is no blame upon you for that in which you have erred but [only for] what your hearts intended
وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْIndeed, Allah has pardoned my ummah for mistakes, forgetfulness, and what they were forced to do
إن الله تجاوز لأمتي عن الخطأ والنسيان وما استكرهوا عليهAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.