Does an act that invalidates the fast, if done while fasting out of forgetfulness, still invalidate the fast?

General Chapter

Al-Mughni

Book of Fasting

Book 9 · Issue 4 · Bab 1

Open in Qurani

Primary text

Any act that invalidates the fast, if done while fasting out of forgetfulness, does not invalidate the fast. This is established by the narration regarding the one who eats forgetfully, and by analogy to prayer and Hajj where the ruling for the prohibited action differs between intentional commission and oversight, unlike the omission of intention which is a condition not waived by forgetfulness, and unlike sexual intercourse whose ruling is severer and avoidable.