Does an adult who engages in sexual intercourse while forgetting an oath regarding abstinence incur the consequence of breaking the oath (Hanith)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
There are two established narrations regarding this issue. If the ruling is that breaking the oath occurs, the period of 'Ila' (vow of abstinence) is dissolved, and the oath is nullified. The evidence for establishing rulings based on forgetting or ignorance mirrors the case where a man performs intercourse believing one wife but it is another, or mistaking a stranger for his wife, as the ignorant person is treated like the forgetful one concerning the breaking of the oath.
Supporting text
If the ruling is that breaking the oath does not occur, there are two differing viewpoints on whether the period of 'Ila' is dissolved. This is analogized to the case of an insane person.