Swearing forgetfully

A: If the reality is as mentioned that the person has forgetfully done the act upon which divorcing his wife is contingent, he will not be considered as having broken his oath. Allah (Exalted be He) says: And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend. The Prophet (peace be upon him) also said: "Allah has pardoned my Ummah (nation based on one creed) for [their] mistakes and [their] forgetfulness and for what they do under duress." That person is excused for not holding a willful intention to violate the oath, like the case of someone who is asleep and is also excused for the actions he does while asleep. This view is attributed to Imam Ahmad which he presented in his book Al-Khulasah. The author of Al-Furu` states that this opinion is more preferable. The same opinion has also been adopted as preferable in the book of Al-Insaf. This is also the same view held by Shaykh-ul-Islam Ibn Taymiyyah. Accordingly, no divorce shall take effect if that person has done this act forgetfully. (Part No. 23; Page No. 60) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.