was forgetful. However, once the excuse ceases—namely, compulsion in the first case and forgetfulness in the second—he must stop; otherwise, he has broken his oath, because when the excuse ceases, its consequent ruling also ceases.
His statement, “If he does it under compulsion or forgetfully, then no expiation is due”: yet once the excuse ceases, if he persists thereafter, he has broken his oath.
The apparent meaning of the author’s words here is that if he breaks his oath out of ignorance, expiation is due from him. For example, if he says, “By Allah, I will not wear this garment,” then wears it, thinking it to be a different garment from the one concerning which he swore, the apparent meaning of the author’s words is that expiation is due from him, since he mentioned only two conditions: “voluntarily” and “knowingly,” and did not say, “with knowledge.” However, we have previously mentioned, in various issues in the chapters on divorce, that if one is ignorant, he has not broken his oath—even according to the madhhab—and this is correct. Accordingly, we add a third condition: “with knowledge.” Thus we say: “Breaking one’s oath is to do what one swore to refrain from doing, or to refrain from what one swore to do, voluntarily, knowingly, and with knowledge. If he was compelled, forgetful, or ignorant, then no expiation is due from him.”
Is a distinction to be made in this matter between divorce, manumission, and oaths, or are they all alike? The madhhab distinguishes between them. They say that in cases of divorce and manumission, one is excused for compulsion, but not for ignorance or forgetfulness. Thus, if a man says, “If I speak to so-and-so, then my wife is divorced,” and he speaks to a man without knowing that he is the person in question, then he is ignorant; yet according to the madhhab, his divorce takes effect.
Likewise, if he says, “By Allah, if I wear this garment, then my wife is divorced,” and then wears it forgetfully, the divorce takes effect according to the madhhab. The same applies to manumission. The correct view is that this entire category is one: divorce, manumission, vows,