One who denies the prayer out of denial, does he differ, for example, from one who denies the siwak out of denial?
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The questioner : Our brother was discussing with us the issue of declaring someone a disbeliever regarding the prayer, meaning leaving the prayer, leaving it out of disbelief, meaning leaving it out of laziness, idleness, or...
The Shaykh : He says: Is he a disbeliever?!
The questioner : By Allah, the information is just this, but I wanted to ask about this issue, so he touched upon the issue of denial, so he spoke about the issue of denial of anything from the Sunnah, or denying something from the Shari'ah, like the siwak, he gave the example of the siwak!
The Shaykh : For example?
The questioner : The siwak.
The Shaykh : The siwak?
The questioner : The siwak.
The Shaykh : The siwak!
The questioner : So he said: According to those who say that the one who leaves the prayer out of denial, he is, meaning he is killed if there is a ruler!!!
The Shaykh : Yes.
The questioner : Or a caliph kills him.
The Shaykh: Yes.
The questioner : After giving him the opportunity to repent, so he said: Does this apply, meaning, he says: This applies even to the one who denies the siwak if he denies the siwak out of denial, he said this siwak, meaning we do not acknowledge it, and it is not, meaning empty talk or something like that, and the proof was established against him, and he persisted in what he means by saying it, so this means the hudud punishment is carried out against him like the one who leaves the prayer, is this correct that the one who leaves the prayer!!
The Shaykh : Anything that is known from the religion by necessity, if the denier denies it, he is an apostate, and he is killed, anything, there is no difference between an obligatory act and a recommended practice and any ruling from the five rulings, meaning if he says about a permissible matter whose permissibility is known from the religion by necessity, he says: This is obligatory or this is forbidden, then he is killed, the issue is not a specific issue of the prayer or zakah or Hajj, but rather every issue from the Islamic legal issues with a condition and a stipulation: known from the religion by necessity, known from the religion by necessity, for example now we explain to you the difference between what is known from the religion by necessity and what is not known from the religion by necessity, and both of the known things are forbidden, but one of them is known from the religion by necessity, and what does it mean known from the religion by necessity? It means that every Muslim shares in knowing its prohibition, whether he is a scholar or a student of knowledge or ignorant, merely by being a Muslim he knows that this ruling is such and such, and the other one, meaning it is not from what is known from the religion by necessity, but only the people of knowledge know it, and the others from the general Muslims do not share in knowing it, this is the difference between what is known from the religion by necessity and what is not known from the religion by necessity, now you have intoxicants, intoxicants are known by all Muslims to be forbidden, so if someone says: No, it is lawful, he is killed because he is an apostate from his religion, but that is not the case with hashish, that is not the case with smoking, although this and that are truly forbidden according to the people of knowledge, but not all Muslims share in knowing that it is forbidden, so this is the criterion, and this is the rule in who is declared a disbeliever and who is not, so his speech is correct but with this condition, the condition: known from the religion by necessity, so if the siwak is of this type, then his speech is correct, is the answer clear?
The questioner : He was also speaking about the issue that he says: The Sunnah is not or...
The Shaykh: There is no difference.
The questioner : The obligatory is not the same as the Sunnah!
The Shaykh : There is no difference, the one who denies the two rak'ahs of Fajr is like the one who denies the two rak'ahs of the obligatory Fajr prayer, yes, correct.
The Shaykh : He says: Is he a disbeliever?!
The questioner : By Allah, the information is just this, but I wanted to ask about this issue, so he touched upon the issue of denial, so he spoke about the issue of denial of anything from the Sunnah, or denying something from the Shari'ah, like the siwak, he gave the example of the siwak!
The Shaykh : For example?
The questioner : The siwak.
The Shaykh : The siwak?
The questioner : The siwak.
The Shaykh : The siwak!
The questioner : So he said: According to those who say that the one who leaves the prayer out of denial, he is, meaning he is killed if there is a ruler!!!
The Shaykh : Yes.
The questioner : Or a caliph kills him.
The Shaykh: Yes.
The questioner : After giving him the opportunity to repent, so he said: Does this apply, meaning, he says: This applies even to the one who denies the siwak if he denies the siwak out of denial, he said this siwak, meaning we do not acknowledge it, and it is not, meaning empty talk or something like that, and the proof was established against him, and he persisted in what he means by saying it, so this means the hudud punishment is carried out against him like the one who leaves the prayer, is this correct that the one who leaves the prayer!!
The Shaykh : Anything that is known from the religion by necessity, if the denier denies it, he is an apostate, and he is killed, anything, there is no difference between an obligatory act and a recommended practice and any ruling from the five rulings, meaning if he says about a permissible matter whose permissibility is known from the religion by necessity, he says: This is obligatory or this is forbidden, then he is killed, the issue is not a specific issue of the prayer or zakah or Hajj, but rather every issue from the Islamic legal issues with a condition and a stipulation: known from the religion by necessity, known from the religion by necessity, for example now we explain to you the difference between what is known from the religion by necessity and what is not known from the religion by necessity, and both of the known things are forbidden, but one of them is known from the religion by necessity, and what does it mean known from the religion by necessity? It means that every Muslim shares in knowing its prohibition, whether he is a scholar or a student of knowledge or ignorant, merely by being a Muslim he knows that this ruling is such and such, and the other one, meaning it is not from what is known from the religion by necessity, but only the people of knowledge know it, and the others from the general Muslims do not share in knowing it, this is the difference between what is known from the religion by necessity and what is not known from the religion by necessity, now you have intoxicants, intoxicants are known by all Muslims to be forbidden, so if someone says: No, it is lawful, he is killed because he is an apostate from his religion, but that is not the case with hashish, that is not the case with smoking, although this and that are truly forbidden according to the people of knowledge, but not all Muslims share in knowing that it is forbidden, so this is the criterion, and this is the rule in who is declared a disbeliever and who is not, so his speech is correct but with this condition, the condition: known from the religion by necessity, so if the siwak is of this type, then his speech is correct, is the answer clear?
The questioner : He was also speaking about the issue that he says: The Sunnah is not or...
The Shaykh: There is no difference.
The questioner : The obligatory is not the same as the Sunnah!
The Shaykh : There is no difference, the one who denies the two rak'ahs of Fajr is like the one who denies the two rak'ahs of the obligatory Fajr prayer, yes, correct.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.