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answer 1:

On the basis of a suspicion, we cannot attribute disbelief to people who confess openly that they are Muslims and who say the Kalima-i shahâdat.

If something done or said by a certain Muslim bears many symptoms of kufr [disbelief] and only one symptom of îmân [belief], or bears a symptom that is controversial (among savants) whether it causes disbelief or not, such a person cannot be named a disbeliever. For we are enjoined to have a good opinion about other Muslims. (Radd-ul-mukhtâr)

When it is understood clearly that that person has meant the symptom of disbelief, this one becomes a disbeliever. Our ta'wîl [interpretation] will be of no use then. (Bazzâziyya)

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answer 2:

So basically, No. Because us as human being do not tend to NOT make mistakes. If this act is done constantly, they will be considered as a disbeliever.

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Q: When you see a certain Muslim do an act that is a symptom of disbelief can you judge such a person to be a disbeliever?
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