Is a person who swore an oath not to speak to a specific person liable to break the oath if they speak but the intended person does not hear due to distraction or inattention?

Primary text

If a person swears not to speak to someone and speaks to them such that the intended person could hear but does not due to distraction or inattention, the oath is broken. This is because the act of speaking occurred, and the lack of hearing is attributed to the listener's inattention or preoccupied heart.