and likewise someone who forgetfully does what he has sworn not to do, according to one of the two positions reported from al-Shāfiʿī and Ahmad.

There are related questions over which scholars disagree, such as the case of someone who forgets that he has water in his baggage and prays after performing dry ablution. This is not the place to discuss these and similar questions in detail.

As for someone who neglects prayer because he is unaware that it is obligatory—for example, someone who embraces Islam in a territory of war without knowing that prayer is obligatory upon him—the jurists hold three opinions on this question, two of which are positions within Ahmad’s school:

The first is that he must make up the prayers in all cases. This is the position of al-Shāfiʿī and one of the two positions within Ahmad’s school.

The second is that he must make up the prayers if he omitted them in a territory of Islam, but not in a territory of war. This is the position of Abū Hanīfah, because a territory of war is a place where ignorance is excusable, unlike a territory of Islam.

The third is that he need not make up the prayers in any case. This is the second position within Ahmad’s school and is also held by others.

The basis of these two positions is the question of whether the Lawgiver’s ruling becomes binding upon