We married our sister to a man, and we did not know that he does not pray, and she has three children. What should we do?
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The questioner : We married our elder sister to a man, and we did not know that he does not pray, and he has three children. What should we do, O honorable Shaykh? Please inform us about this?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment. If you have married this man to your sister, and he does not pray, but you were unaware of this matter, then you are excused. The children who came from this contract are legitimate children who are attributed to their father just as they are attributed to their mother. But the solution to this problem is that it should be said to this man—rather, the solution to this problem is that this man should be separated from the woman who was contracted to him until he submits and returns to Islam by establishing the prayer. If he establishes the prayer, then at that time we will contract a new marriage for him. It is not permissible for this wife to remain with him based on this contract, because this contract is invalid due to its contradiction of the saying of Allah the Exalted regarding the emigrant women:[Al-Mumtahanah 60:10] And how easy the matter is for him if he wants his family and wants his children? There is nothing between him and this except that he seeks refuge in Allah from the accursed Shaytan and from the evil of his own self, and he establishes the prayer.
And I advise this man to fear Allah (Glorified and Exalted is He) and to know that he was only created in this world to worship Allah, and to know that the loss is severe if he dies in this state. If he dies in this state, he will abide eternally in the Fire of Hell with Pharaoh, Haman, Qarun, and Ubayy ibn Khalaf, as came in that hadith from the Messenger of Allah (peace and blessings be upon him). And I advise him to be sincere in his intention and to resolve firmly to pray. Let him look: does that harm him in any way? Does that prevent him from his worldly needs? Does that stand between him and the enjoyment that Allah has made permissible for him? None of that is the case; rather, it helps him with his duties and his affairs, as Allah the Exalted said:[Al-Baqarah 2:45].
And I ask Allah the Exalted that this advice reaches him and that he is guided to accept it.
And the summary of the answer is that it is obligatory to separate this man from his wife and from the one who contracted her to him, even if he has children from her. This is the first point. The second is that these children of his are legitimate children who are attributed to him and linked to him just as they are linked to their mother, because they resulted from a doubtful intercourse, since it was not known that marrying one who does not pray is an invalid marriage.
Third, if he returns to Islam and establishes the prayer, then a new contract is made for him.
Fourth, the firm advice which I hope Allah (Glorified and Exalted is He) will make reach him to the extent of benefit, so that he rectifies the matter of his religion and his worldly life. Yes.
The questioner : May Allah bless you, O honorable Shaykh. Honorable Shaykh Muhammad.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment. If you have married this man to your sister, and he does not pray, but you were unaware of this matter, then you are excused. The children who came from this contract are legitimate children who are attributed to their father just as they are attributed to their mother. But the solution to this problem is that it should be said to this man—rather, the solution to this problem is that this man should be separated from the woman who was contracted to him until he submits and returns to Islam by establishing the prayer. If he establishes the prayer, then at that time we will contract a new marriage for him. It is not permissible for this wife to remain with him based on this contract, because this contract is invalid due to its contradiction of the saying of Allah the Exalted regarding the emigrant women:
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّAnd I advise this man to fear Allah (Glorified and Exalted is He) and to know that he was only created in this world to worship Allah, and to know that the loss is severe if he dies in this state. If he dies in this state, he will abide eternally in the Fire of Hell with Pharaoh, Haman, Qarun, and Ubayy ibn Khalaf, as came in that hadith from the Messenger of Allah (peace and blessings be upon him). And I advise him to be sincere in his intention and to resolve firmly to pray. Let him look: does that harm him in any way? Does that prevent him from his worldly needs? Does that stand between him and the enjoyment that Allah has made permissible for him? None of that is the case; rather, it helps him with his duties and his affairs, as Allah the Exalted said:
And seek help through patience and prayer, and indeed, it is difficult except for the humbly submissive [to Allah]
وَاسْتَعِينُوا بِالصَّبْرِ وَالصَّلاةِ وَإِنَّهَا لَكَبِيرَةٌ إِلَّا عَلَى الْخَاشِعِينَAnd I ask Allah the Exalted that this advice reaches him and that he is guided to accept it.
And the summary of the answer is that it is obligatory to separate this man from his wife and from the one who contracted her to him, even if he has children from her. This is the first point. The second is that these children of his are legitimate children who are attributed to him and linked to him just as they are linked to their mother, because they resulted from a doubtful intercourse, since it was not known that marrying one who does not pray is an invalid marriage.
Third, if he returns to Islam and establishes the prayer, then a new contract is made for him.
Fourth, the firm advice which I hope Allah (Glorified and Exalted is He) will make reach him to the extent of benefit, so that he rectifies the matter of his religion and his worldly life. Yes.
The questioner : May Allah bless you, O honorable Shaykh. Honorable Shaykh Muhammad.