Can you please explain if a “Non Verbal” Oath is binding under ALL circumstances? e.g. You say in your (heart/mind) that you will not do something but then you do it. What are the consequences? I have a habit of making oath in my mind and always tend to break. Sometimes my mind will tell me that I made a verbal oath even though I made it in my mind. Hope this makes sense. 

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The answer to your question whether an oath has been formulated or not is similar to what constitutes recitation of the Holy Qur’an in salah. There are two opinions in the Hanafi Fiqh of what is considered the minimal recitation.

One opinion is that one must able to hear oneself when reading. (See Maraqi Falah p.93) and the second view is that one’s recitation will be deemed valid as long as one moves ones tongue and lips even though no sound is being produced and one is not even able to hear it oneself. (Ahsraful Idaah p.112)

As you did not say the oath in such a way where you could hear it yourself or where you moved your tongue and lips then the oath would not be formed, hence, there is no need to give expiation for this.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham