The heir who does not pray regularly, such as one who prays only on Fridays and in Ramadan: does he inherit, or is he absolutely barred, or is his share withheld until he repents to Allah and becomes regular in his prayer?
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The questioner : Also, a listener from the Republic of Egypt asks: The heir who does not pray regularly, such as one who prays only on Fridays and in Ramadan: does he inherit, or is he absolutely barred, or is his share withheld until he repents to Allah and becomes regular in his prayer?
The Shaykh : This is based on the disagreement among scholars regarding the one who abandons prayer.
The questioner : Yes.
The Shaykh : So, whoever says that the one who abandons prayer is a disbeliever and an apostate, then he does not inherit from his Muslim relative, due to the saying of the Prophet (peace and blessings be upon him)Sunan Abi Dawud 2909Sahih (Al-Albani).
And whoever says that he does not become a disbeliever, then his abandonment of prayer does not prevent him from inheriting from his Muslim relative. However, the correct view is that the one who abandons prayer commits disbelief that takes him out of the religion, and he becomes an apostate, unless he repents and returns to Islam. If he repents and returns to Islam before the death of the one from whom he inherits, he inherits from him; otherwise, he does not.
But does a person become a disbeliever if he abandons one prayer, or two, or three, or four, or is it necessary that the abandonment be absolute? What appears to me is that he does not become a disbeliever except by absolute abandonment, such that he never prays. As for the one who prays sometimes, he does not become a disbeliever, due to the saying of the Messenger (peace and blessings be upon him)Sahih Muslim 82b. He did not say "abandoning a prayer" but rather said "abandoning prayer," and this implies that the abandonment must be absolute. Likewise, he said Sunan Ibn Majah 1079Sahih (Darussalam), meaning prayer .
Based on this, we say that the one who prays sometimes and leaves it off sometimes is not a disbeliever, and at that time, he is entitled to inherit from his Muslim relative.
The questioner : May Allah bless you.
The Shaykh : This is based on the disagreement among scholars regarding the one who abandons prayer.
The questioner : Yes.
The Shaykh : So, whoever says that the one who abandons prayer is a disbeliever and an apostate, then he does not inherit from his Muslim relative, due to the saying of the Prophet (peace and blessings be upon him)
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمAnd whoever says that he does not become a disbeliever, then his abandonment of prayer does not prevent him from inheriting from his Muslim relative. However, the correct view is that the one who abandons prayer commits disbelief that takes him out of the religion, and he becomes an apostate, unless he repents and returns to Islam. If he repents and returns to Islam before the death of the one from whom he inherits, he inherits from him; otherwise, he does not.
But does a person become a disbeliever if he abandons one prayer, or two, or three, or four, or is it necessary that the abandonment be absolute? What appears to me is that he does not become a disbeliever except by absolute abandonment, such that he never prays. As for the one who prays sometimes, he does not become a disbeliever, due to the saying of the Messenger (peace and blessings be upon him)
Between man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةThe covenant that distinguishes between us and them is prayer; so whoever leaves it
العهد الذي بيننا وبينهم الصلاة فمن تركهاHe has committed disbelief
فقد كفرBased on this, we say that the one who prays sometimes and leaves it off sometimes is not a disbeliever, and at that time, he is entitled to inherit from his Muslim relative.
The questioner : May Allah bless you.