If a man abandons prayer after the marriage contract is concluded, is the contract valid? And what if he repeatedly abandons prayer out of laziness?

The questioner : I have been following your program, which is more than wonderful. May Allah reward you and benefit us through you. Your answer to one of the questions in a previous episode occupied my thoughts. It indicated that it is obligatory to renew the marriage contract of two people who were married during a period when they did not establish prayer, meaning that the marriage contract was absolutely invalid. The question is: If one of them abandons prayer for more than three days after the marriage contract, is the contract invalid again? And if one of them or both of them abandon prayer for more than three days three times, even if it is out of laziness, what is the ruling in this case?

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
This is a very important question, because the people’s need to know it is of the utmost importance. It is based on the position that the one who abandons prayer is a disbeliever. Scholars have differed on this issue. Some held that abandoning prayer does not necessitate disbelief, but rather it is open sinfulness among the types of open sinfulness. Then those who held this view differed among themselves: some said that he is called to pray, and if he prays, well and good, otherwise he is killed as a fixed punishment; and some said that he is not killed but rather given a discretionary punishment. Some scholars held that the one who abandons prayer commits major shirk (associating partners with Allah) that takes him out of the religion. When scholars differ on the ruling of an issue, the standard is the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), as Allah the Exalted said: And Allah, Glorified and Exalted is He, explained to us how this judgment is to be made, saying: The opinion of the majority is not to be considered if the evidence from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him) indicates that the minority opinion is the stronger position, because His saying: includes cases where the two disputing parties are equal, or where one is fewer or more numerous.
When we return this issue to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), we find that the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him) indicate that the one who abandons prayer is a disbeliever with disbelief that takes him out of the religion. As for the Book of Allah, listen to what Allah, Glorified and Exalted is He, says: meaning the polytheists who commit shirk (associating partners with Allah) This verse indicates that whoever does not establish prayer and does not give zakah is not our brother in religion, just as he is not our brother in religion if he does not repent from shirk. This is because Allah conditioned brotherhood in religion on a condition consisting of three attributes: repentance from shirk, establishing prayer, and giving zakah. It is known that what is contingent on a condition is not realized except by the presence of that condition. Therefore, brotherhood in religion is not realized except by the convergence of these three attributes. If they repented from shirk but did not establish prayer, they are not our brothers in religion. If they repented from shirk and established prayer but did not give zakah, they are not our brothers in religion. This is what this noble verse, consisting of a condition and a consequence, indicates. Religious brotherhood cannot be negated except by leaving the religion. Faith-based brotherhood cannot be negated by mere sins, even if they are great. Let the questioner listen to Allah’s saying in the verse on retaliation: It is known that killing a believer is among the greatest of sins, to the extent that Allah said about it: If this great sin does not take one out of faith, this indicates that sins do not take one out of faith, and that nothing takes one out of faith-based brotherhood except what is kufr (disbelief).
Likewise, listen to Allah’s saying: It is known that fighting a believer against his brother is among the major sins, to the extent that the Messenger (peace and blessings be upon him) made it kufr (disbelief) when he said: But this is not kufr that takes one out of the religion, because faith-based brotherhood is established with it. If it were a kufr that takes one out of the religion, faith-based brotherhood would not be established with it.
Therefore, sins do not take a person out of faith-based brotherhood, and nothing takes him out of faith-based brotherhood except kufr (disbelief). When we return to the verse in Surah al-Bara’ah, by which we argued for the kufr of the one who abandons prayer, we find that it indicates that whoever does not pray has had faith-based brotherhood negated from him, and thus he is a disbeliever with kufr that takes him out of the religion.
If someone says: The verse contains and this indicates that whoever does not give zakah is a disbeliever? We also say: Yes, and some scholars have said that whoever does not give zakah, even if it is out of stinginess, becomes a disbeliever. But the evidence indicates that this is the weaker position, and that whoever does not give zakah exposes himself to a great punishment, but he does not leave faith.
Among the evidence for this is what is established in *Sahih Muslim* from the hadith of Abu Hurayrah (may Allah be pleased with him) in his saying (peace and blessings be upon him): And its right is zakah, as the other narration indicates. If this preventer of zakah sees his path leading either to Paradise or to the Fire, this indicates that he does not become a disbeliever, because if he became a disbeliever with kufr that takes him out of the religion, he would not have a path to Paradise. Accordingly, the explicit wording of this hadith takes precedence over the implied meaning of the noble verse. And among the established principles in the principles of jurisprudence is that the explicit wording takes precedence over the implied meaning.
As for the evidence from the Sunnah regarding the kufr of the one who abandons prayer, it is what 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: And in the Sunan, from the hadith of Buraydah (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said: Thus, the Prophet (peace and blessings be upon him) made prayer a boundary separating faith from kufr (disbelief) and shirk (associating partners with Allah), and between the believers and the disbelievers. When a person crosses the separating boundary, he has exited the first circle into the second.
Accordingly, whoever does not pray has exited faith into kufr (disbelief), and exited the Muslims into the disbelievers.
As for the statements of the Companions (may Allah be pleased with them), Imam Ishaq ibn Rahawayh transmitted their consensus. And Abdullah ibn Shaqiq (may Allah have mercy on him), who was from the Tabi'un (the generation after the Companions), said: "The Companions of the Prophet (peace and blessings be upon him) did not consider any of the deeds to be kufr (disbelief) if abandoned, except prayer", and this is a transmission of their consensus.
Just as the Book and the Sunnah and the statements of the Companions (may Allah be pleased with them) indicated this, reason and reflection also indicate it. Indeed, any person who believes in the importance and care given to this prayer cannot maintain its abandonment while having any faith in his heart. Prayer, as is known, was made obligatory by Allah upon His Prophet (peace and blessings be upon him) without an intermediary, from Allah, Glorified and Exalted is He, to His Messenger (peace and blessings be upon him) in the highest place a human can reach, and in the best night for the Messenger (peace and blessings be upon him). Allah made it obligatory upon His servants as fifty prayers a day and night, until He lightened it for them by His grace and generosity, so it became five prayers in practice and fifty in the scale. This indicates Allah’s care for it and that it is distinguished from other deeds by great distinctions. How fitting and appropriate it is that its abandonment be kufr (disbelief) against Allah, Mighty and Majestic. It is not possible for a person who knows the importance and status of prayer to leave it and maintain its abandonment.
If the Book, the Sunnah, the statements of the Companions, and correct reflection have indicated the kufr of the one who abandons it, then I have considered the evidence of those who said there is no takfir (declaring someone a disbeliever), and I found that it is not free from four conditions: either there is no indication in it in any way, or it is restricted in a meaning that makes abandoning prayer impossible, or it was mentioned in a state where one is excused for abandoning prayer, or it is general and has been specified by the evidence of the kufr of the one who abandons prayer. At that time, it is necessary to hold the position that the one who abandons prayer is a disbeliever.
And it is astonishing that they responded to the evidence indicating that abandoning it constitutes disbelief by interpreting it to mean that the one who abandons it does so out of denial. This interpretation is undoubtedly weak, because if they interpret it as applying to the one who abandons it out of denial, they have nullified the description that the Shari'ah considers, which is abandonment, and introduced a description that the Lawgiver did not consider. The Lawgiver did not say: "Whoever denies it," but rather said: "Whoever abandons it." The Prophet (peace and blessings be upon him) is the most knowledgeable of people about what he says, the most eloquent in what he utters, and the most sincere in what he intends, (peace and blessings be upon him). It is not possible that he intended to refer to the one who denies it and then expressed that as abandonment, given the well-known great difference between denial and abandonment.
Then we say: Mere denial is disbelief, even if one prays. If a person denies the obligation of the five daily prayers while he is praying them and maintaining them, he is a disbeliever. In that case, the saying of the Prophet (peace and blessings be upon him): has no value whatsoever if we interpret it as referring to denial.
Then we also say: Denying the prayer is undoubtedly a cause of disbelief. But denying zakah is also a cause of disbelief, and denying fasting is a cause of disbelief, and denying the obligation of Hajj is a cause of disbelief. So why did the Prophet (peace and blessings be upon him) not say: "Whoever abandons zakah, whoever abandons fasting, and whoever abandons Hajj"?
Therefore, interpreting abandonment here as denial is undoubtedly weak and rejected. The evidence must remain as it was revealed and as it was transmitted.
Based on this, we say: If a man who does not pray marries a Muslim woman, his marriage contract is invalid. The Muslims have agreed that a Muslim woman is not lawful for a disbeliever, as indicated by the saying of Allah the Exalted: .
This issue has been confused for some people to the extent that they thought it was of the same kind as the case of two disbelievers who convert to Islam, where it is not necessary to renew their marriage contract. This is not the case, because the original ruling for disbelievers is that their marriage remains as it was, since both are disbelievers. As for this case, it is between a disbeliever and a Muslim woman, or between a Muslim man and a disbelieving woman if the husband prays and she does not. There is a great difference between them. An apostate is not like an original disbeliever, as is well known among the scholars. Accordingly, the analogy is not valid; rather, it is a doubtful matter that may occur to some people.
We say: If a man who does not pray marries a woman who prays, the marriage contract is invalid and not correct. If Allah the Exalted guides him to Islam and he prays, it is obligatory to renew the marriage contract anew.
As for if he abandons prayer after the marriage, such as if he marries her while he is praying and she is praying, and then, may Allah protect us, he abandons prayer, the marriage is annulled and the matter remains suspended until the completion of her waiting period. If he returns to prayer before the waiting period ends, she is his wife. If he remains an abandoner of prayer until his waiting period ends, it becomes clear that the marriage was annulled from the time he abandoned his prayer, and she may marry another. If she remains unmarried, she waits, perhaps Allah will guide him and he will pray. If he prays after that, she may return to him, even after the end of the waiting period, according to the correct and stronger opinion.
As for what the questioner mentioned about him abandoning prayer for three days or something similar, he does not become a disbeliever for this, because the apparent evidence is that the one who abandons it absolutely becomes a disbeliever. As for if he prays one day and leaves it another day, or prays one prayer and leaves another prayer while acknowledging its obligation, he does not become a disbeliever for that. Accordingly, the marriage is not annulled, but this person must be ordered to pray and disciplined for abandoning it until he straightens out and prays all the prayers.

The questioner : What if both the husband and wife do not pray at the time of the marriage contract?

The Shaykh : If both the husband and wife do not pray at the time of the contract, the contract is also not valid. The scholars have mentioned that an apostate cannot validly marry an apostate woman. Accordingly, their marriage is entirely invalid.

The questioner : Is this case not analogous to the marriage of disbelievers?

The Shaykh : This case is not analogous to the marriage of disbelievers, because the ruling for an original disbeliever is different from the ruling for an apostate. The apostate was obligated to adhere to the rulings of Islam, so the marriage must be applied according to what the Shari'ah requires, which is that it be in a state where it is valid for him, unlike the original disbeliever.