and so divorced her, then performed the act covered by his oath, believing that this would not break it, no further divorce would take effect according to those who hold that a person acting in ignorance on the basis of an interpretation does not break his oath. Likewise, if he were told, “Put her away with a single pronouncement of divorce,” and did so, then performed the act covered by his oath, that act would not bring about a second divorce, even if the first divorce were revocable. However, in cases of forgetfulness, mistake, or ignorance, although he does not break his oath, it remains binding according to the vast majority of scholars. There is no disagreement on this apart from a weak view held by some later scholars.

The Second Principle

If someone swears to something he believes to be as he has sworn, but it turns out otherwise, there is even stronger reason not to deem him to have broken his oath than in the case of someone who performs the act covered by his oath forgetfully or in ignorance. For this reason, Abū Hanīfah, Mālik, and others distinguished this case from that of someone acting forgetfully or in ignorance. They held that, in this case, he does not break an oath sworn by Allah Most High, whereas in the other case he does.

They explained that, here, the oath concerned the past and therefore did not become binding. For someone who swears about the past either knows the facts—in which case he is either truthful and true to his oath, or deliberately lying, making his oath a deliberately false oath—or is mistaken, believing matters to be as he has sworn. In the latter case, he incurs no sin and does not bear the sin of a liar. This is what these scholars regard as an inadvertent oath. Such a mistake is possible for prophets and others, just as forgetfulness is possible for them.

Thus, in the report of Dhū al-Yadayn, the Prophet, may Allah bless him and grant him peace, said, “I have not forgotten, nor has the prayer been shortened.” Yet he had forgotten, and Dhū al-Yadayn said to him, “Indeed, you have forgotten.” He then asked, “Is it as Dhū al-Yadayn says?” They replied, “Yes.”

An authentic hadith also relates that, when he led them in five units of prayer, they asked him after the prayer, “Have more units been added to the prayer?” He asked, “Why do you ask?” They replied, “You prayed five.” He said, “I am only human; I forget as you forget. When I forget, remind me.”