Oath of divorce if his wife asks for his son's treatment a second time, and she asked while forgetting, and he was unaware of the oath
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Fatwa number ( 634 )
Q: His son fell ill, so his wife suggested treating him with a doctor. The doctor examined him and gave him a prescription. After seeing the prescription, his wife wanted to treat him with traditional Arab medicine. So he swore to divorce her if she asked him a second time to take him to the doctor. One time, the child fell ill, and she asked him to take him to the doctor, forgetting the oath he had sworn. He then took him to the doctor, also forgetting what he had said regarding this matter. Neither he nor his wife realized it until after he returned from the doctor. He asks: What are the consequences given the situation described?
A: The narrations in the school of Imam Ahmad differ regarding one who, while forgetful, does what he swore by divorce not to do. The strongest narration in terms of evidence is that he
does not break his oath by what he did while forgetful, and that his oath remains intact. This is the opinion of 'Ata , 'Amr ibn Dinar , Ibn Abi Najih , Ishaq , and Ibn al-Mundhir . It is also the apparent position of the school of al-Shafi'i , whom he preferred in *al-Khalasa*. He said in *al-Furu'*: "This is the most apparent." He said in *al-Insaaf*: "This is the correct one." The Shaykh al-Islam Ibn Taymiyyah chose this view; because Allah the Exalted said:[Al-Ahzab 33:5] and because the Prophet (peace and blessings be upon him) said: Sunan ad-Daraqutni 23:30 and because he did not intend to violate the condition, so he did not break his oath; like the sleeper and the insane person. Accordingly, no breach of oath results for the questioner, given the forgetfulness he and his wife mentioned, and his oath remains intact. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His son fell ill, so his wife suggested treating him with a doctor. The doctor examined him and gave him a prescription. After seeing the prescription, his wife wanted to treat him with traditional Arab medicine. So he swore to divorce her if she asked him a second time to take him to the doctor. One time, the child fell ill, and she asked him to take him to the doctor, forgetting the oath he had sworn. He then took him to the doctor, also forgetting what he had said regarding this matter. Neither he nor his wife realized it until after he returned from the doctor. He asks: What are the consequences given the situation described?
A: The narrations in the school of Imam Ahmad differ regarding one who, while forgetful, does what he swore by divorce not to do. The strongest narration in terms of evidence is that he
does not break his oath by what he did while forgetful, and that his oath remains intact. This is the opinion of 'Ata , 'Amr ibn Dinar , Ibn Abi Najih , Ishaq , and Ibn al-Mundhir . It is also the apparent position of the school of al-Shafi'i , whom he preferred in *al-Khalasa*. He said in *al-Furu'*: "This is the most apparent." He said in *al-Insaaf*: "This is the correct one." The Shaykh al-Islam Ibn Taymiyyah chose this view; because Allah the Exalted said:
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 عليه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.