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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Declaring Someone a Disbeliever for Major Sins and the Distinction Between Major Sins That Expel One from the Religion and Those That Do Not

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Question:
This is a question about declaring someone a disbeliever for major sins, consisting of several parts. First, does one who openly commits a major sin, such as singing, unlawful sexual intercourse, or riba (usury or interest), become a disbeliever?

Answer:
Major sins are of two types: major sins and minor sins. And major sins are of two types: major sins that expel one from the religion, and major sins that do not expel one from the religion. As for the major sins that expel one from the religion, they include shirk (associating partners with Allah) with Allah the Exalted.
And disbelief in Allah. These are major sins that expel one from the religion, as is calling upon other than Allah, seeking aid from other than Allah, worshipping graves, slaughtering for graves, learning it and teaching it. And abandoning the prayer intentionally, even if one does not deny its obligation, according to the correct view. These are major sins that expel one from the religion. Are there major sins below that? They are of two types.
Major doctrinal sins and major practical sins. Major doctrinal sins are like the statements of the Mu'tazilah, the Khawarij, the Asha'irah, and others who deny the names and attributes of Allah, or deny the names of Allah without denying the attributes, or deny some attributes and affirm others. These are major sins, and their perpetrator is an open sinner with doctrinal open sinfulness.
As for the second type, which is major practical sins, such as drinking intoxicants, unlawful sexual intercourse, theft, and killing a soul without right, these are major practical sins, like falsely accusing chaste women of zina. These are major practical sins. Their perpetrator commits open sinfulness with practical open sinfulness, and does not exit the religion.
Major doctrinal sins that are less than shirk, and major practical sins as well, all result in the perpetrator being an open sinner. But the one who has major sins in doctrine is called an open sinner with doctrinal open sinfulness, and the one who has major sins in practice without doctrine is called an open sinner with practical open sinfulness, like the drinker of intoxicants, the one who commits zina, the thief, and others. The first type is more severe than the second; the one with doctrinal open sinfulness is more severe than the one with practical open sinfulness, but neither of the open sinners exits the religion.
Except in the case where the open sinner and innovator calls to his bid'ah (religious innovation) and advocates for it; in that case, the Salaf declared him a disbeliever, just as they declared the callers of the Jahmiyyah and the callers of the Mu'tazilah who call to these schools of thought to be disbelievers. As for merely adopting it without calling to it, thinking it is truth and correct, and being deceived by those who said it, this does not make him a disbeliever, but he is considered misguided. It is said that he is misguided and an open sinner with doctrinal open sinfulness. Thus, one does not exit the religion except for the major sins of disbelief and shirk, as Allah the Exalted said:
Indeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He willsإِنَّ اللَّهَ لَا يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَاءُ
[An-Nisa 4:48]
.
Allah (Glorified and Exalted is He) made the hudud (fixed Qur'anic punishments) obligatory for the one who drinks khamr (intoxicants), the thief, and the one who commits zina (unlawful sexual intercourse). Had they been kafir (disbelievers), He would have ordered their execution. Therefore, establishing the hudud against them is proof of their Islam. And Allah the Exalted made those who fight each other brothers in faith. He said:
And if two factions among the believers should fight, then make settlement between the twoوَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا
[Al-Hujurat 49:9]
[in] Al-Imran, up to His saying:
The believers are but brothersإِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ
[Al-Hujurat 49:10]
so make settlement between your brothersفَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ
[Al-Hujurat 49:10]
He called the killer a believer and a brother to the one who was killed, and He ordered reconciliation between those who fight and considered them among the believers.
And if two factions among the believers should fightوَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا
[Al-Hujurat 49:9]
This indicates that a major sin, other than shirk (associating partners with Allah), does not take one out of the religion, but the one who commits it is judged to be a fasiq (open sinner), as He said:
chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient,الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُولَٰئِكَ هُمُ الْفَاسِقُونَ
[An-Nur 24:4]
He called them fasiqin (open sinners) and ordered that their testimony be rejected unless they repent to Allah (Glorified and Exalted is He).
O you who have believed, if there comes to you a disobedient one with information, investigateيَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءَكُمْ فَاسِقٌ بِنَبَإٍ فَتَبَيَّنُوا
[Al-Hujurat 49:6]
This is the fasiq who does not leave the religion. Yes.
Source الفوزان - الإجابات العلمية والتوجيهات المنهجية — archive.org (46:46)

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

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