What is the ruling of Islamic law concerning a husband who swore an oath of divorce (haraam) that he would not speak to women, then broke his oath out of forgetfulness?
The prevailing is that the saying "it is for me" (عليَّ الحرام) does not constitute a divorce, but rather necessitates an expiation for breaking an oath (kaffarat ). As for the Maliki school of thought, if someone says "if I do such-and-such, it is haram for me," it necessitates an irrevocable divorce for a wife with whom cohabitation has occurred, and a single revocable divorce for a wife with whom cohabitation has not occurred, unless he intended more. And according to them, a forgetful person is considered equivalent to one who intentionally breaks an oath if he utters an unconditional oath. There is no harm in adopting the view that divorce does not occur, even if you follow the Maliki school; for a layperson is permitted to choose in following different opinions in matters of permissible disagreement, as long as it does not lead to seeking out mere concessions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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