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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Her husband abandons prayer, suffers from a mental illness, and is very stubborn. What do you advise her? Should she be patient with him or not?

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Question:
My problem is summarized by my husband’s abandonment of prayer, his stubborn temperament, as he is suffering from a mental illness, and the lack of understanding between us. As for me, I am a mother of Salim, and I am committed to the religion of Allah, maintaining my prayer, my full Shari'ah-compliant clothing, and my husband’s rights. I write these lines to you to advise me on what I should do? Should I be patient with my husband or not? And do I have a reward, do I have a reward and recompense if I am patient or if I am not patient, and I am the mother of four children. It has happened that my husband uttered the word "apostate" once, and he was in his stubborn mental state, and after a little while, after he returned to his normal state, he says, "I did not say that?" May Allah reward you with good.

Answer:
This requires a detailed explanation. If this husband is of sound mind, and he deliberately abandons the prayer, and he is a sane man, not insane or deranged, then it is not permissible for the woman to remain with him under the marriage contract. This is because the one who deliberately abandons the prayer and persists in abandoning it after being called to correct it becomes a disbeliever, even if he does not deny its obligation, according to the correct view. Even if his abandonment is due to laziness, he becomes a disbeliever according to the correct view. The marriage contract is invalidated because of the saying of Allah the Exalted: “Do not return them to the disbelievers; they are not lawful for you, nor are you lawful for them”
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for themفَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah 60:10]
. This man is a disbeliever because he abandoned the prayer, and she is a believer, so it is not permissible for her to remain with him. Also, because of the saying of Allah the Exalted:
And do not marry polytheistic men [to your women] until they believe.وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا
[Al-Baqarah 2:221]
and the practice of the believers
better than a polytheistخَيْرٌ مِّن مُّشْرِكٍ
[Al-Baqarah 2:221]
, and the disagreement among scholars, it is not permissible for a Muslim woman to marry a disbeliever or an apostate, and it is not permissible for her to remain with them if they become apostates after the marriage contract.
As for if this man is not sane, and if he is overcome by a state in which he loses his mind, then he is not held accountable in this state. The saying of the Messenger of Allah (peace and blessings be upon him): "The pen is lifted from three: the sleeper until he wakes up, the insane until he recovers, and the child until he reaches puberty." However, it is obligatory for him to make up the prayers that passed during his period of loss of mind. If he recovers, it is obligatory for him to make them up, if the period is short or if he is able to make up the prayers that passed over him, then he makes them up. But the marriage is not affected by that, because this is a medical condition, and not by his choice. And as for the divorce that occurred in this state, it also depends on the previous explanation. If he divorced while he had his mind, and his awareness, then it takes effect, and it becomes a revocable divorce, and he can take back his wife as long as she is in the waiting period. But if the divorce occurred from him while he was in a state in which he loses his feeling and sensation, then this divorce has no effect.
Source قناة «العلامة الدكتور صالح الفوزان»، زوجها تارك للصلاة ويعاني من مرض نفسي ومتعصب كثيراً ماذا تنصحونها هل تصبر عليه أم لا؟ الشيخ الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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