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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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His second question asks: What is the ruling on one who abandons prayer, while he claims to be a Muslim and testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, and he has not denied its obligation?

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The questioner : His second question asks: What is the ruling on one who abandons prayer, while he claims to be a Muslim and testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, and he has not denied its obligation, but he has been negligent regarding it and lazy about it? And is he equal to one who prays and fasts only in the month of Ramadan and does not pray for the rest of the year? And likewise, a type of people who pray for a period and then stop for a period, and another type who prays only on Friday. And if one who abandons prayer is a disbeliever, is it permissible for us to say to him, "O disbeliever"?

The Shaykh : Yes, one who abandons prayer is a disbeliever according to the stronger opinion, with a disbelief that takes him out of the religion. This is due to the saying of Allah the Exalted:
But if they repent, establish prayer, and give zakah, then they are your brothers in religion فَإِنْ تَابُوا وَأَقَامُوا الصَّلاةَ وَءاتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ
[At-Tawbah 9:11]
Thus, Allah the Exalted clarified that brotherhood in religion is not realized except with these three conditions: repentance from shirk (associating partners with Allah), establishing prayer, and giving zakah (the obligatory alms).
As for repentance from shirk, it is known that the mushrik (one who associates partners with Allah) is not a brother to the believer, and that he is a mushrik and a disbeliever. As for establishing prayer, this verse indicates that if one does not establish prayer, he is not among our brothers in religion. And if religious brotherhood is negated, that means he is a disbeliever, because the believer is the brother of the believer, no matter how much open sinfulness he may have; he is still his brother. Look at the saying of Allah the Exalted regarding the two warring factions of believers:
(9) And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly. (10) The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy. وَإِنْ طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِنْ فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ * إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ
[Al-Hujurat 49:9-10]
Even though fighting a believer is among the greatest of major sins, Allah made them brothers to the third faction, the reconcilers. And likewise, in the verse of qisas (retaliation in kind), Allah the Exalted said in it, and qisas is only for intentional murder:
But whoever overlooks from his brother anything, then there should be a suitable follow-up فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ
[Al-Baqarah 2:178]
So the important point is that faith-based brotherhood is not negated by open sinfulness, but it is negated by disbelief. And this verse:
But if they should repent, establish prayer, and give zakah فَإِنْ تَابُوا وَأَقَامُوا الصَّلاةَ وَءاتَوُا الزَّكَاةَ
[At-Tawbah 9:5]
indicates that if one does not establish prayer, he is not a brother in religion, and that means he is a disbeliever. As for the third matter, which is His saying:
and give zakah وءاتُوا الزَّكَاةَ
The verse here indicates that one who does not give zakah is also a disbeliever. Some scholars have said this, and it is a narration from Imam Ahmad. But the stronger opinion is that one who abandons zakah does not become a disbeliever, because in the hadith of Abu Hurayrah, established in the Sahih, when he mentioned the one who withholds zakah and mentioned his punishment, he said:
he sees whether his path is to take him to Paradise or to Hell ثم يرى سبيله إما إلى الجنة وإما إلى النار
Sunan Abi Dawud 1658Sahih (Al-Albani)
And whoever can find a way for him to Paradise is not a disbeliever. And on this basis, the verse indicates that one who abandons prayer is a disbeliever. And it is established in "Sahih Muslim" from the hadith of Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer. بين الرجل وبين الكفر والشرك ترك الصلاة
And in the Sunan also, from the hadith of Buraydah:
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr. العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
And other evidence, which is not the place to detail all of it, indicates that abandoning prayer is a disbelief that takes one out of the religion. And on this basis, if a person dies while abandoning prayer, he is a disbeliever. It is not permissible to wash him, shroud him, pray over him, bury him in the graves of Muslims, or supplicate for mercy for him, because he is a disbeliever, and may Allah protect us from that. He will be gathered on the Day of Resurrection with Pharaoh, Haman, Qarun, and Abu Jahl.
As for the one who does not pray except in Ramadan, the scholars have differed regarding the ruling on his disbelief, because he has not abandoned it absolutely. The apparent view, and Allah knows best, is that the one who does not pray except in Ramadan is apparently playing with the religion, since he does not pray except at a time he likes and leaves it otherwise; he is closest to being one who plays with the religion. And likewise, the one who does not pray except on Friday is in great danger. Some scholars have said he is a disbeliever with a disbelief that takes him out of the religion. So it is obligatory for a person to fear Allah regarding himself and to pray the five prayers at their times with the congregation, if he is among those who attend the congregation, without lagging behind. And Allah is the Helper.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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