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Is swearing an oath with belief of kufr upon non-fulfillment considered kufr?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I have heard that if a person takes an oath saying “If I do this or do not do this, I will become a Kafir forever”. The person becomes a kafir if he or she swore the oath with the belief that he or she would adopt kufr upon its non-fulfillment. Is this true? I would be very grateful if you could please provide a detailed answer for my satisfaction.

بسم الله الرحمن الرحيم

(Fatwa: 647/648/B=7/1438)

The person who swears this oath, if he has the belief at the time of taking the oath that by saying so he shall become kafir then in such a case when the condition is found he shall become kafir. One must not swear such oaths. And in case he is unaware that it is an oath or does not believe about being kafir then he shall not become kafir by swearing in this way, but the oath shall take place and kaffarah will be wajib if he does so. This issue is discussed in Shami vol. 5.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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