What is the ruling regarding someone who swore an oath of divorce not to do something, then did it out of forgetfulness?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is not permissible to swear by divorce, nor is it permissible to trifle with its pronouncements. The majority of scholars hold that if someone does what they conditioned the divorce upon, forgetfully, their divorce takes effect. However, the Shafi'is are of the view that it does not take effect with forgetfulness, based on the : "Lifted from my nation are error, forgetfulness, and what they are coerced into." Accordingly, according to the Shafi'i view, the divorce does not take effect, but adhering to the view of the majority is more cautious.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/160386
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- Ftawy
- Original fatwa ID
- 160386
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy