The Ruling on the Transfer of Custody Due to Smoking and Negligence in Prayer
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A relative has the right to custody, but he disobeys Allah by smoking, and he is negligent in prayer. Does the custody transfer to one who is more God-conscious than him, even if that person is an open sinner?
Answer:
Smoking is not considered open sinfulness; it is considered a sin. As for negligence in prayer: if he does not pray at all, he is a disbeliever. But if he prays, even if only in his home, he is one who has abandoned an obligation. If he is not a disbeliever, he is not considered to have abandoned an obligation; his prayer is valid and he is a Muslim. Yes.
He says: Honorable Shaykh, may Allah grant you success. A relative has the right to custody, but he disobeys Allah by smoking, and he is negligent in prayer. Does the custody transfer to one who is more God-conscious than him, even if that person is an open sinner?
Answer:
Smoking is not considered open sinfulness; it is considered a sin. As for negligence in prayer: if he does not pray at all, he is a disbeliever. But if he prays, even if only in his home, he is one who has abandoned an obligation. If he is not a disbeliever, he is not considered to have abandoned an obligation; his prayer is valid and he is a Muslim. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 099 من 123 / شرح كتاب زاد المستقنع / الجنايات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (22:45)
The Arabic text is a machine transcription of the audio recording.