Expiation when an oath is broken out of forgetfulness
Question
Question: If someone swore, “I will not drink tea,” then forgot his oath and drank tea, and only afterwards remembered that he had sworn — is his oath broken, and will he have to give expiation for it? Or, just as a fast is not broken by eating and drinking out of forgetfulness, will the oath likewise not be broken?
Answer
If one acts against an oath out of forgetfulness, the oath is still broken, and expiation becomes binding: [ar]وَلَا فَرْقَ فِي وُجُوبِ الْكَفَّارَةِ بَيْنَ الْعَامِدِ وَالنَّاسِي وَالْمُكْرَهِ فِي الْحَلِفِ وَالْحِنْثِ[/ar] “In the obligation of expiation there is no difference between the one acting deliberately, the one who forgot and the one coerced, neither in swearing…
Source: Fatawa Mahmudiyya
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