The ruling on leaving the congregational prayer due to disagreement over reciting the Basmala aloud
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Question:
He says: I am the imam of a mosque, and there is one person in the village who does not attend the Friday prayer or the congregational prayer, on the grounds that the imam does not recite the Basmala aloud. It is known that he is consistent in his prayer, and I have advised him repeatedly, but he excuses himself and says, “My school of jurisprudence is Shafi'i.” Am I sinful because he leaves the congregation?
Answer:
O brothers, scholarly disagreements in matters of Islamic jurisprudence do not require a person to denounce others who have a basis for their position. They have a basis for their statement. It is obligatory to unite in word and for Muslims to pray together, even if there is disagreement among them on some matters of Islamic jurisprudence. The jurists still pray behind one another despite their differences. The Companions (may Allah be pleased with them) prayed together despite some differences among them in matters of Islamic jurisprudence, because this comes down to independent legal reasoning, and independent legal reasoning differs from one person to another. Therefore, scholarly disagreements in Islamic jurisprudence do not necessitate enmity or severing ties.
It is not permissible to leave the prayer because the imam does not recite the Basmala aloud. The majority hold that reciting the Basmala aloud is not prescribed. This is because it is established in authentic hadith that the Prophet (peace and blessings be upon him) indicated that they recite the Basmala quietly,
He says: I am the imam of a mosque, and there is one person in the village who does not attend the Friday prayer or the congregational prayer, on the grounds that the imam does not recite the Basmala aloud. It is known that he is consistent in his prayer, and I have advised him repeatedly, but he excuses himself and says, “My school of jurisprudence is Shafi'i.” Am I sinful because he leaves the congregation?
Answer:
O brothers, scholarly disagreements in matters of Islamic jurisprudence do not require a person to denounce others who have a basis for their position. They have a basis for their statement. It is obligatory to unite in word and for Muslims to pray together, even if there is disagreement among them on some matters of Islamic jurisprudence. The jurists still pray behind one another despite their differences. The Companions (may Allah be pleased with them) prayed together despite some differences among them in matters of Islamic jurisprudence, because this comes down to independent legal reasoning, and independent legal reasoning differs from one person to another. Therefore, scholarly disagreements in Islamic jurisprudence do not necessitate enmity or severing ties.
It is not permissible to leave the prayer because the imam does not recite the Basmala aloud. The majority hold that reciting the Basmala aloud is not prescribed. This is because it is established in authentic hadith that the Prophet (peace and blessings be upon him)
(peace and blessings be upon him), and Abu Bakr and 'Umar used to begin the prayer with “Alhamdulillah Rabb al-'Alamin” (Praise be to Allah, Lord of the worlds). “Alhamdulillah Rabb al-'Alamin.” And it is not mentioned that they said “Bismillah” (In the name of Allah).
صلى الله عليه وسلم وأبا بكر وعمر كانوا يبدؤون الصلاة بالحمد لله رب العالمين. بالحمد لله رب العالمين. ولا ذكر أنهم يقولون بسم الله(The Merciful, the Compassionate), but rather they begin with “Alhamdulillah Rabb al-'Alamin” (Praise be to Allah, Lord of the worlds).
الرحمن الرحيم، بل يبدؤون بالحمد لله رب العالمين،
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من يتخلف عن صلاة الجمعة والجماعة بحجة أن الإمام لا يجهر بالبسملة؟ وهذا يخالف مذهبه الفقهي... — youtube.com
The Arabic text is a machine transcription of the audio recording.