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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the one who prays Fajr during his work hours after the sun has risen a mushrik (one who associates partners with Allah)?

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Question:
May Allah reward you, Honorable Shaykh. This questioner says: If a man prays all the obligatory prayers in the mosque at their proper times, but he does not pray Fajr until he gets up for work at seven in the morning, is this major shirk (associating partners with Allah) that takes one out of the religion, or is it minor shirk?

Answer:
This is not major shirk. He prays, he prays. Major shirk is calling upon other than Allah, or slaughtering for other than Allah, or looking to other than Allah, diverting any type of worship to other than Allah. But this one who abandons the prayer intentionally is not called a mushrik; he is called a kafir (disbeliever). The Prophet (peace and blessings be upon him) said:
between the servant and the disbelieverبين العبد وبين الكافر
abandoning the prayerترك الصلاة
He becomes a disbeliever if he abandons it
deliberately. Anyone who abandons itمتعمدا، ومن تركها متعمدا
Al-Adab Al-Mufrad 18
by taking it out of its time without an excuse. If he intentionally takes it out of its time without an excuse, this is kufr (disbelief). Even if he prays, his prayer does not benefit him, because it is not the prayer that Allah commanded. As for if he delays it past its time for an excuse, such as sleep that overtook him without intention, or if he forgot it, the Prophet (peace and blessings be upon him) said:
whoever forgets his prayer or sleeps through it, let him pray it when he remembers itمن نسي صلاه او نام عنها فليصلها اذا ذكرها
Sunan ad-Darimi 2:45
There is no expiation for it except that. As for the one who intentionally says, "I am not going to pray until I get up for the Duha prayer," his prayer does not benefit him, it is not valid, and it does not clear his conscience; because it is not the prayer that Allah commanded. Allah the Exalted said:
Maintain with care the [obligatory] prayers and [in particular] the middle prayerحَافِظُوا عَلَى الصَّلَوَاتِ وَالصَّلَاةِ الْوُسْطَىٰ
[Al-Baqarah 2:238]
, and part of preserving it is performing it in its time and in congregation. And He the Exalted said:
Indeed, prayer has been decreed upon the believers a decree of specified times.إِنَّ الصَّلَاةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَابًا مَّوْقُوتًا
[An-Nisa 4:103]
at a fixed time, meaning it is obligatory at the times that Allah the Exalted has specified. As for you answering at a time of your own choosing, other than the time Allah specified, this is hostility toward Allah the Mighty and Majestic. So based on this, he should repent to Allah the Mighty and Majestic, strive against his self, and get up for the Fajr prayer. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [159 -858] هل من كان يصلي الفجر وقت دوامه بعد شروق الشمس يكون مشركا؟ - الشيخ صالح الفوزان — youtube.com

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

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