know that Hajj is obligatory, or did not know that wine is forbidden, they would not be subjected to the prescribed punishment for that. The same applies if they had grown up somewhere where this was unknown.

During the time of ʿUmar, a woman committed fornication. When she confessed, ʿUthmān said, “She speaks of it as openly as someone who does not know that it is forbidden.” When it became clear to the Companions that she knew it was forbidden, they did not subject her to the prescribed punishment. Yet considering fornication lawful is unquestionably an error.

If a man swears to something, believing it to be as he has sworn, and it then proves otherwise, he is unquestionably mistaken, but there is consensus that he bears no sin. Likewise, according to the majority, no expiation is required of him. Someone who eats believing that dawn still remains is unquestionably mistaken if it becomes clear to him that he ate after dawn. He bears no sin, though there is disagreement over whether he must make up the fast. The same applies to someone who believes that the sun has set, only for it to prove otherwise. There are many such examples.

Concerning Allah Most High’s words in the Quran:

“Our Lord, do not hold us accountable if we forget or make a mistake,”

Allah Most High said:

“I have done so.”

He made no distinction between an unquestionable error in a matter established conclusively and one in a matter established on probable evidence. As for a probable error, one cannot be certain that it is an error unless the person has unquestionably erred.

They said: “Whoever says that someone who makes a mistake in a matter established conclusively or on probable evidence thereby sins has contradicted the Quran, the Sunnah, and the consensus of the early generations.”