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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who testifies to the two testimonies but does not perform the acts of Islam?

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The questioner : The questioner asks: What is the ruling on declaring a disbeliever (takfir) of one who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, but does not perform the acts of Islam, such as fasting, prayer, and zakah, among others?

The Shaykh : The correct opinion among the scholars is that the one who abandons the prayer is a disbeliever, a disbelief that takes him out of the religion, based on the indications of the Book and the Sunnah. Allah, Blessed and Exalted is He, said:
(59) But there came after them successors who neglected prayer and pursued desires; so they are going to meet evil - (60) Except those who repent, believe and do righteousness; for those will enter Paradise and will not be wronged at all.فَخَلَفَ مِن بَعْدِهِمْ خَلْفٌ أَضَاعُوا الصَّلَاةَ وَاتَّبَعُوا الشَّهَوَاتِ فَسَوْفَ يَلْقَوْنَ غَيًّا إِلَّا مَن تَابَ وَآمَنَ
[Maryam 19:59-60]
This indicates that in the state of neglecting the prayer, he is not a believer. And the Exalted said:
But if they repent, establish prayer, and give zakah, then they are your brothersفَإِن تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ
[At-Tawbah 9:11]
for you of religionلَكُم مِّنَ الدِّينِ
[Ash-Shuraa 42:13]
, which indicates that if one of these three is missing, they are not our brothers in religion. If they remain in their shirk (associating partners with Allah), they are not our brothers in religion. If they do not establish the prayer, they are not our brothers in religion. And if they do not give zakah, the apparent meaning of the verse is that they are not our brothers in religion. However, the Sunnah has come that the one who abandons zakah will be punished for it in the Hereafter, then he will see his path, either to Paradise or to the Fire.
It is established in Sahih Muslim from the hadith of Jabir that the Messenger of Allah (peace and blessings be upon him) said:
Between man and polytheism and unbelief is the abandonment of salat.بين الرجل وبين الشرك والكفر ترك الصلاة
Sahih Muslim 82b
, and in the Sunan from the hadith of Buraydah:
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.العهد الذي بيننا وبينهم الصلاة، فمن تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
. Therefore, the one who abandons the prayer is a disbeliever, a disbelief that takes him out of the religion, and his fasting, zakah, or Hajj do not benefit him, due to the saying of the Exalted:
And what prevents their expenditures from being accepted from them but that they have disbelieved in Allah and in His Messenger and that they come not to prayer except while they are lazy and that they do not spend except while they are unwilling.وَمَا مَنَعَهُمْ أَن تُقْبَلَ مِنْهُمْ نَفَقَاتُهُمْ إِلَّا أَنَّهُمْ كَفَرُوا بِاللَّهِ وَبِرَسُولِهِ وَلَا يَأْتُونَ الصَّلَاةَ إِلَّا وَهُمْ كُسَالَىٰ وَلَا يُنفِقُونَ إِلَّا وَهُمْ كَارِهُونَ
[At-Tawbah 9:54]
.
And if he is a disbeliever, my brothers, worldly rulings and Hereafter rulings follow from that. As for the worldly rulings, first, if he has a wife, his marriage contract with her is dissolved and she is no longer his wife, because he is a disbeliever and she is a Muslim. And Allah the Exalted said regarding the believing emigrant women: "Do not return them to the disbelievers"
then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for themفَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah 60:10]
. It is obligatory to separate him from his wife because she has become forbidden (haram) to him; the marriage contract is dissolved. Also, among the worldly rulings that follow from this is that if he dies, he is not washed, not shrouded, not prayed over, and no mercy is invoked for him. Rather, he is taken out to a place where his body is left to rot so that people are not bothered by its smell. This is the ruling regarding that prayer, may Allah protect us.
It is not permissible for his family, if he dies and they know that he is one who abandoned the prayer, to wash him, shroud him, or present him to the Muslims to pray over him, because Allah the Exalted says to the Messenger (peace and blessings be upon him):
And do not pray [the funeral prayer, O Muhammad], over anyوَلَا تُصَلِّ عَلَىٰ أَحَدٍ
[At-Tawbah 9:84]
from
over any of them who has died - ever - or stand at hisمِّنْهُم مَّاتَ أَبَدًا وَلَا تَقُمْ عَلَىٰ قَبْرِهِ
[At-Tawbah 9:84]
. And if they present him, while he is one who abandoned the prayer, to the Muslims to pray over him, they are thereby betraying the Muslims, because they have presented one who does not deserve to be prayed over to be prayed over. Also, among the worldly rulings that follow is that if he dies, his Muslim relatives do not inherit from him, and nothing of his inheritance is lawful for them, due to the saying of the Prophet (peace and blessings be upon him) in the hadith of Usamah ibn Zayd:
A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.لا يرث المسلم كافر، ولا الكافر مسلم
, which is established in the two Sahihs. Likewise, if his relative dies, nothing of his inheritance is permissible for him, because he is a disbeliever, and a disbeliever does not inherit from a Muslim. As for the Hereafter, first, he is not buried in the graves of the Muslims, because a disbeliever is not permissible to be buried with the Muslims, no matter who he is. Also, it follows that when he is gathered on the Day of Resurrection, he will be gathered with Pharaoh, Haman, Qarun, and Abu Jahl, and he will abide eternally in the Fire of Hell, may Allah protect us. So the matter is great, the matter is serious, and the responsibility upon you is of the greatest kind. Therefore, it is obligatory for you to check on your family, your sons and daughters, your wives, your sisters, and others. It is obligatory for you to observe this, and you are accountable before Allah, Mighty and Majestic. So you must pay attention to this great, serious matter in which many people have fallen. And know also that if a person performs Hajj while he does not pray, and he has resolved not to pray, his Hajj is not accepted. And if Allah guides him to Islam and he returns to Islam and prays, he must repeat the Hajj of Islam because he performed it in a state of disbelief. If he repents, Allah will accept his repentance. This matter is among the most dangerous things among Muslims today, and it has spread widely. But with awareness, education, and caution, perhaps Allah the Exalted will make it beneficial.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2 - 13 - دروس وفتاوى المسجد الحرام للعام 1402 هـ - الدرس الثاني - الشيخ محمد بن صالح العثيمين — youtube.com (6:29)

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

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