Saying something with the Noble Qur’an in hand is not an oath

Question

Question: Taking the Noble Qur’an in my hand, I swore that if my half-brother acts according to the Shari‘a I will regard him as my own real brother for the rest of my life, and if he does not act according to the Shari‘a, then as an enemy. Now, if in this situation my half-brother, at his mother’s prompting or of his own will, does not believe anything I say, but rather wants to take a share in the portion of the property that I received during my father’s lifetime and wants to take unlawful possession of it —…

Answer

Even if he does not act according to the Shari‘a, he should still not regard him as an enemy. Moreover, merely saying something with the Glorious Qur’an in one’s hand does not constitute an oath as long as the word of oath itself is not uttered. And if it is an oath, he should act contrary to it, then pay the expiation (kaffara)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.