1802 - Issue: He said: (Whoever swears by manumission or divorce that they will not do something, and then does it out of forgetfulness, they break their oath.)

Mujahid, Sa'id ibn Jubayr, al-Zuhri, Qatadah, Rabi'ah, Malik, Abu Ubayd, and the jurists of the school of opinion (Ashab al-Ra'y) held this view. It is the well-known position of al-Shafi'i. 'Ata', 'Amr ibn Dinar, Ibn Abi Najih, Ishaq, and Ibn al-Mundhir said: He does not break his oath. This is also a narration from Ahmad; because one who forgets is not held accountable during his forgetfulness, so breaking the oath is not binding upon him, just like swearing by Allah Almighty. Our argument is that this concerns the right of a human being, so the ruling attaches to it even with forgetfulness, like the destruction of property (itlaf), and because it is a ruling attached to a condition, so it is established upon the fulfillment of its condition, like the prohibition of prayer after the 'Asr prayer. This issue has previously been addressed.

1803 - Issue: He said: (And if one swears and employs ta'wil [esoteric or figurative interpretation] in his oath, his interpretation is valid for him if he is oppressed. But if he is an oppressor, his interpretation does not benefit him, due to what was narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Your oath is based on how your companion believes you.")

The meaning of ta'wil is that he intends by his speech a possibility that differs from its apparent meaning. For example, if he swears that someone is his brother, intending the brotherhood of Islam or similarity; or he means by 'roof and construction' the sky, by 'carpet and bedding' the earth, by 'pegs' the mountains, and by 'garment' the night; or he says: 'I did not see so-and-so,' meaning I did not strike his lungs (ri'at); or 'I did not mention him,' meaning I did not cut his penis (dhakar); or he says: 'My slave girls (jawari) are free,' meaning his ships (safin); or 'My wives (nisa') are divorced,' meaning his female relatives; or he says: 'I did not correspond with so-and-so, nor did I know him, nor did I inform him, nor did I ask him for a favor (hajah), nor did I eat a chicken (dajajah) for him, nor a chick (farrujah), nor did I drink water for him, nor is there in my house any young camel (farsh), mat (hasir), or barrier (bariyah).' And he intends by 'correspondence' (mukatabah) the manumission of a slave (kitabah), by 'knowing' (ta'rif) making him a chief (arif), by 'informing' (i'lam) making him aware of the lip, by 'favor' (hajah) a small tree, by 'chicken' (dajajah) a ball of yarn, by 'chick' (farrujah) a tunic (durra'ah), by 'young camel' (farsh) small camels, by 'mat' (hasir) the prison (habs), and by 'barrier' (bariyah):