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Breaking oaths in the state of kufr

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: This is a three-part question related to vows/oaths. There is an individual who committed kufr (he started believing in human evolution, i.e. human beings evolved from other hominid species), but later returned to Islam.

1. The oaths that he took, and later broke, prior to committing kufr. Do these fall off (i.e. he does not have to pay kaffarah for them) because he committed kufr, and kufr wipes away all of one’s past deeds (good and bad)?

2. The oaths that he took (in the state of kufr) and later broke (also in the state of kufr). Do these also fall off (i.e. he does not have to pay kaffarah for them) because he broke those oaths in a state of kufr?

3. The oaths that he took in the state of kufr, but later broke AFTER returning to Islam. Do these also fall off (i.e. he does not have to pay kaffarah for them) because he took those oaths in a state of kufr?

Bismillaah

A:

1. He should do the kaffaarah for all of that.

2. Yes.

3. We have not come across this mas’alah. You should refer to others as well. Apparently these types of oaths are not binding.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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