Forgetfulness (nisyan) and its legal effects

النِّسْيَان

Nisyan in the lexicon is the opposite of remembering or retaining, and it also means leaving aside or delaying. As a term it is failing to recall a thing when one needs it, and it is distinguished from error (khata'), which is a thing one did not intend. 1 2 The Shafi'is and Hanbalis hold, in the sound view, that the forgetful person is not accountable while he forgets. The Hanafis hold that forgetting does not cancel the duty owed to God but may be an excuse in God's rights, and is no excuse in the rights of people. 2 3 The Malikis hold that forgetting in acts of worship does not harm the act, while ignorance does. 4 All agree that forgetting removes sin in the next world. In this world, an omitted command must be made up, harm done in forgetting still requires compensation, and forgetting may be a doubt that lifts a penalty. 5 Among the applications are forgetting the basmala in ablution and prayer, forgetting water when making tayammum, forgetting impurity in prayer, forgetting a prayer, and forgetting the intention in fasting. Opinions differ on each, and the entry gives each school's view. 6 7 8 In fasting, forgetting the intention or intercourse during a fast of consecutive expiation may break the sequence in some schools. Forgetfully eating or drinking during Ramadan does not break the fast for the Hanafis and the Shafi'is, while the Malikis hold that it does. 9 10 11 12 In prayer, forgetting talk or eating is excused in small amounts by most schools, while the Hanafis void the prayer on any such act. 11 On divorce and oaths, the Hanafis, Shafi'is and Hanbalis hold that the divorce of a forgetful man takes effect. 13 14 Forgetting gives no excuse in the liability for destroyed property or injury. 15

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Law and courts

Summary

Nisyan in the lexicon is the opposite of remembering or retaining, and it also means leaving aside or delaying. As a term it is failing to recall a thing when one needs it. 1 2 It differs from error (khata'), which is an act the person did not intend. 2

General ruling

The jurists differ on the effect of forgetting on accountability. The Shafi'is and Hanbalis hold, in the sound view, that the forgetful person is not accountable while forgetting. The Hanafis hold that forgetting does not cancel the duty owed to God and may be an excuse in God's rights, but not in the rights of people. 2 3 All agree that forgetting removes sin in the next world. In this world an omitted command must be made up, and what was destroyed remains a liability. 5

Where it is discussed

The applications of forgetting appear in ablution, prayer, tayammum, fasting, pilgrimage, slaughter, testimony, divorce, oaths and liability. Each is treated in its own entry. 6 9 15

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15686
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15687
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15688
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15689
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15690
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15691
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15692
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15693
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15697
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15698
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15701
  12. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15702
  13. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15703
  14. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15704
  15. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15705
Cite this page

islam.museum contributors. “Forgetfulness (nisyan) and its legal effects”. islam.museum, https://islam.museum/en/concept/nisyan/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON

Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words.
Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.