The ruling on marrying one who does not pray and renewing the contract upon repentance
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Question:
What is the ruling if a woman marries a man who does not pray while she does pray, and then he repents? How is the contract to be handled? What is the ruling if neither of them prays? What is the ruling if they pray one day and leave it off for two days? We ask for clarification of this issue.
Answer:
This issue requires a distinction. If a man marries a woman and neither of them prays, their marriage is valid, like the marriages of other disbelievers; because abandoning the prayer is disbelief, may Allah keep us safe. The marriage of disbelievers among themselves is valid. So if he marries her and neither of them prays, they have shared in the evil and in abandoning the prayer. The correct view is that abandoning it is disbelief, even if he does not deny its obligation, based on the saying of the Prophet (peace and blessings be upon him)Mishkat al-Masabih 574 and his saying (peace and blessings be upon him) in other hadiths.
As for the case where he does not pray and she does, or the reverse, she does not pray and he does, then the marriage must be renewed. He is required to abstain from her until the marriage is renewed with a new contract. If the one who does not pray repents, if he repents to Allah and his condition improves, and he desires her and she desires him, he renews the marriage with a new contract, a new mahr, and two witnesses, two just witnesses. This is the correct view. A group of scholars held that the marriage is not invalidated if he abandons the prayer but does not deny its obligation; he knows that it is obligatory and that it is a fard for him to pray, but he has disobeyed. Some scholars held that he does not commit major shirk and that this contract is valid, and that he must repent to Allah. But the correct view is that it is major shirk and that he must renew the contract if he desires her and she desires him. This is the stronger and more correct view based on the evidence: if he does not pray and she does, or the reverse, she does not pray and he does, and then the one who does not pray among them, may Allah guide him, repents, then he renews the contract. As long as one of them does not pray, he must abstain; they are to be separated until the contract is renewed. This is the stronger of the two views, based on what came in the Sunnah from the Messenger (peace and blessings be upon him). Yes.
What is the ruling if a woman marries a man who does not pray while she does pray, and then he repents? How is the contract to be handled? What is the ruling if neither of them prays? What is the ruling if they pray one day and leave it off for two days? We ask for clarification of this issue.
Answer:
This issue requires a distinction. If a man marries a woman and neither of them prays, their marriage is valid, like the marriages of other disbelievers; because abandoning the prayer is disbelief, may Allah keep us safe. The marriage of disbelievers among themselves is valid. So if he marries her and neither of them prays, they have shared in the evil and in abandoning the prayer. The correct view is that abandoning it is disbelief, even if he does not deny its obligation, based on the saying of the Prophet (peace and blessings be upon him)
as saying, “The covenant between us and them is prayer, so if anyone abandons it he has become an infidel.”
صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْعَهْدُ الَّذِي بَيْنَنَا وَبَيْنَهُمْ الصَّلَاةُ فَمَنْ تَرَكَهَا فَقَدْ كَفَرَBetween a man and disbelief and shirk is the abandonment of the prayer
بين الرجل وبين الكفر والشرك ترك الصلاةAs for the case where he does not pray and she does, or the reverse, she does not pray and he does, then the marriage must be renewed. He is required to abstain from her until the marriage is renewed with a new contract. If the one who does not pray repents, if he repents to Allah and his condition improves, and he desires her and she desires him, he renews the marriage with a new contract, a new mahr, and two witnesses, two just witnesses. This is the correct view. A group of scholars held that the marriage is not invalidated if he abandons the prayer but does not deny its obligation; he knows that it is obligatory and that it is a fard for him to pray, but he has disobeyed. Some scholars held that he does not commit major shirk and that this contract is valid, and that he must repent to Allah. But the correct view is that it is major shirk and that he must renew the contract if he desires her and she desires him. This is the stronger and more correct view based on the evidence: if he does not pray and she does, or the reverse, she does not pray and he does, and then the one who does not pray among them, may Allah guide him, repents, then he renews the contract. As long as one of them does not pray, he must abstain; they are to be separated until the contract is renewed. This is the stronger of the two views, based on what came in the Sunnah from the Messenger (peace and blessings be upon him). Yes.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 434 حكم من تزوجت برجل لا يصلي ثم تاب بعد ذلك للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.