What should a woman do if her husband does not pray? Is it obligatory for her to seek divorce from him? And if he prevents her, what is the ruling? It is known that the wife has no one to support her.
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The questioner : This questioner says: Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : What should a woman do if her husband does not pray? Is it obligatory for her to seek divorce from him? And if she has children, what is the ruling?
Note: The wife has no one to support her. Please inform us. May Allah reward you with good.
The Shaykh : Yes, if the husband does not pray in congregation, he is an open sinner, and the wife is lawful for him.
And if the husband does not pray at all, and his wife advised him, but he persisted in not praying, then he is a disbeliever with a disbelief that takes him out of the religion, and an apostate, may Allah protect us from that. She is not lawful to him at all, and it is not permissible for her to remain with him. If the man in the market is lawful for her, then this husband is lawful for her. And it is known that the man in the market is not lawful for her. So this husband, as long as he does not pray, is not lawful for her. She must abstain from him, and she must go to her family with her children. He has no custody over his children and no guardianship, because Allah the Exalted said:[An-Nisa 4:141] So just as he is in the Hereafter, he is also in this world. A disbeliever can never be a guardian over a Muslim. And if she goes to her family, will the custody be for the husband or for her?
The student: For her.
The Shaykh : For her, and this man who has apostatized from Islam has no right to the custody of his children. And the scholars said, word for word, as in the text of Zād al-Mustaqnīʿ: "And there is no custody for a disbeliever over a Muslim".
But if someone asks: What is the cure for this ailment? We say the cure for this ailment is easy. What is it?
That the man submits, and enters the religion from which he exited, so he prays. If he prays, the matter returns to how it was, and the issues return to their proper course. This is the solution. If he refuses, the solution is separation. Yes?
The student: What is the evidence for declaring him a disbeliever?
The Shaykh : Good. The evidence for declaring him a disbeliever is from the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), the words of the Companions (may Allah be pleased with them), and correct reasoning. So the evidence is: auditory and rational.
As for the Book: Allah the Exalted said about the polytheists:[At-Tawbah 9:11] And it is known that brotherhood in religion is not negated except by disbelief. It is not possible for brotherhood in religion to be negated by sins, even if they are great. Here is killing: the intentional killing of a believer is one of the greatest sins and is not disbelief. Allah the Exalted said about it in retaliation: [Al-Baqarah 2:178] So He made the killer a brother to the one killed. And here is fighting believers, which is also one of the greatest sins. Allah said about it: [Al-Hujurat 49:9] up to His saying: [Al-Hujurat 49:10]. If leaving prayer were only a major sin, the brotherhood of faith would not be negated by it. And on this basis, leaving prayer takes one out of the religion by the implication of this noble verse.
So if someone asks: This noble verse also indicates that the brotherhood is negated by not giving zakah. Do you say that? Do you say that leaving zakah is disbelief?
Answer: Yes, I say that, were it not for the existence of a hadith that prevents this statement. This hadith is what Muslim narrated from Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 987a And it is known that if it is possible for one to see a way for him to Paradise, he is not a disbeliever, because if he were a disbeliever, he would not have a way to Paradise. So the noble verse, which is in Surat al-Bara'ah, indicates that leaving prayer is disbelief, just as shirk is disbelief.
As for the Sunnah, Muslim narrated in his Sahih from the hadith of Jabir that the Prophet (peace and blessings be upon him) said:Sahih Muslim 82b So the Messenger (peace and blessings be upon him) made leaving prayer a separator that separates between faith and disbelief. And it is known that the separator separates some of the separated from some and cuts the connection completely. So it is either prayer or disbelief.
And the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1079Sahih (Darussalam).
As for the words of the Companions (may Allah be pleased with them), the Commander of the Faithful 'Umar ibn al-Khattab (may Allah be pleased with him) said:Muwatta Malik 2:52 And "haz" means a share. And here the share is negated by the negating "la" which prevents anything from its negated thing. And on this basis, the one who leaves prayer has no share in Islam, not a little or a lot.
And 'Abdullah ibn Shaqiq, who is from the trustworthy Tabi'un, said: "The Companions of the Prophet (peace and blessings be upon him) did not consider any of the deeds whose leaving is disbelief except prayer". And this is a report of consensus. And the consensus of the Companions that the one who leaves prayer is a disbeliever was reported by a famous imam, namely Ishaq ibn Rahawayh (may Allah have mercy on him).
And as for reasoning and analogy: Because every person who leaves prayer and does not pray it, while knowing its importance in Islam, and that it is the second of its pillars, and that it has a level of care when it was made obligatory and when it is performed that is not found in any other worship, no sane person can see this status of prayer and then leave it while having something of faith in his heart, ever. And faith is not merely the affirmation of the existence of Allah (Mighty and Majestic) or the truth of the message of Muhammad (peace and blessings be upon him). No, the affirmation of this existed even among the disbelievers. So this is Abu Talib, who testified to it. But faith must necessarily entail acceptance and submission. Acceptance of the news and submission to the command. So if there is no submission to the command and no acceptance of the news, there is no faith.
And on this basis, we say that the one who leaves prayer is a disbeliever with major shirk that takes him out of the religion. If he dies, it is forbidden to wash him, shroud him, pray over him, bury him in the graves of Muslims, or supplicate for him with mercy, because he is eternally abiding in the Fire of Hell forever. We ask Allah for safety for us and for you.
And as for the one who prays and then leaves it, this is a place of disagreement among the scholars who say that the one who leaves prayer is a disbeliever. Some of them declared him a disbeliever for leaving two obligatory prayers, some of them declared him a disbeliever for leaving one obligatory prayer, and some of them said if most of his times he does not pray, he is a disbeliever.
And what appears to me is that he is not declared a disbeliever except if he does not pray at all. If he does not pray except on Friday, or does not pray except in Ramadan, I look: if he does that because he does not believe in the obligation, then he is a disbeliever, not because of leaving the prayer, but because of denying the obligation. And denying the obligation does not require leaving it. That is, if a man denied the obligation of prayer, he would be a disbeliever even if he prayed. And in this, the error of the one who said: The hadiths reported regarding the disbelief of the one who leaves prayer are intended for the one who left it in denial of its obligation, becomes clear. For this statement is very weak, because if we say the intended meaning is that he left it in denial of its obligation, it does not hold, neither in the affirmative nor in the negative. How? Because if a man denied its obligation, he is a disbeliever even if he is praying, is that not so?
So if a man prayed while denying its obligation, you say he is a disbeliever even though he did not leave it. So you have now cancelled the description by which the Lawgiver attached the ruling, which is leaving.
As for the negative side, it does not hold, because the one who left it is the one the hadith indicated is a disbeliever. So if we cancel this description, we have cancelled a description that the Lawgiver considered, and we have considered a description that the Lawginner did not consider but cancelled...
The student: The answer to the hadith of 'Ubadah ibn al-Samit...
The Shaykh : Some people brought up against this the hadith of 'Ubadah ibn al-Samit:?
And the answer to this: First, this hadith does not counter the other hadiths indicating disbelief in terms of authenticity. And it is known that in the case of conflict, the stronger and more valid one is preferred.
Second: This hadith does not indicate the intended meaning, because the Messenger said "so complete them":. Sunan an-Nasa'i 461Hasan (Darussalam) Meaning with this description, that is, with the description of completeness Sunan Ibn Majah 1401Hasan (Darussalam). So the negation of coming here is based on the negation of coming with them in a state of completeness, because this is what is mentioned at the beginning of the hadith. That is, whoever does not come with them complete, he has no covenant with Allah.
As for the one who does not come with them at all, the verse, the hadiths, and the athars that we mentioned are clear regarding his disbelief.
The student: ...
The Shaykh : As for the woman’s statement in her question that she has no one to support her, this is a sign of the weakness of her reliance upon Allah, for Allah (Glorified and Exalted is He) supports His creation. And Allah the Exalted said:[At-Talaq 65:2-3] And He the Exalted said: [At-Talaq 65:4] So let her seek help from Allah, and let her separate from this husband who does not pray, and then Allah will provide for her a relief and a way out.
The questioner : May Allah reward you.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : What should a woman do if her husband does not pray? Is it obligatory for her to seek divorce from him? And if she has children, what is the ruling?
Note: The wife has no one to support her. Please inform us. May Allah reward you with good.
The Shaykh : Yes, if the husband does not pray in congregation, he is an open sinner, and the wife is lawful for him.
And if the husband does not pray at all, and his wife advised him, but he persisted in not praying, then he is a disbeliever with a disbelief that takes him out of the religion, and an apostate, may Allah protect us from that. She is not lawful to him at all, and it is not permissible for her to remain with him. If the man in the market is lawful for her, then this husband is lawful for her. And it is known that the man in the market is not lawful for her. So this husband, as long as he does not pray, is not lawful for her. She must abstain from him, and she must go to her family with her children. He has no custody over his children and no guardianship, because Allah the Exalted said:
and never will Allah give the disbelievers over the believers a way [to overcome them].
ولن يجعل الله للكافرين على المؤمنين سبيلاThe student: For her.
The Shaykh : For her, and this man who has apostatized from Islam has no right to the custody of his children. And the scholars said, word for word, as in the text of Zād al-Mustaqnīʿ: "And there is no custody for a disbeliever over a Muslim".
But if someone asks: What is the cure for this ailment? We say the cure for this ailment is easy. What is it?
That the man submits, and enters the religion from which he exited, so he prays. If he prays, the matter returns to how it was, and the issues return to their proper course. This is the solution. If he refuses, the solution is separation. Yes?
The student: What is the evidence for declaring him a disbeliever?
The Shaykh : Good. The evidence for declaring him a disbeliever is from the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), the words of the Companions (may Allah be pleased with them), and correct reasoning. So the evidence is: auditory and rational.
As for the Book: Allah the Exalted said about the polytheists:
But if they repent, establish prayer, and give zakah, then they are your brothers
فإن تابوا وأقاموا الصلاة وأتوا الزكاة فإخوانكم الدينBut whoever overlooks from his brother anything
فمن عفي له من أخيه شيءAnd if two factions among the believers should fight, then make settlement between the two
وإن طائفتان من المؤمنين اقتتتلوا فأصلحوا بينهماThe believers are but brothers, so make settlement between your brothers
إنما المؤمنين إخوة فأصلحوا بين أخويكمSo if someone asks: This noble verse also indicates that the brotherhood is negated by not giving zakah. Do you say that? Do you say that leaving zakah is disbelief?
Answer: Yes, I say that, were it not for the existence of a hadith that prevents this statement. This hadith is what Muslim narrated from Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said:
If any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in the fire of Hell and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants, and he sees whether his path is to take him to Paradise or to Hell.
ما من صاحب ذهب ولا فضة لا يؤد منها حقها إلا إذا كان يوم القيامة صفّحت له صفائح من نار وأحمي عليها في نار جهنم فيكوى بها جنبه وجبينه وظهره كلما بردت أعيدت في يوم كان مقداره خمسين ألف سنة حتى يقضى بين العباد فيرى سبيله إما إلى الجنة وإما إلى النارAs for the Sunnah, Muslim narrated in his Sahih from the hadith of Jabir that the Prophet (peace and blessings be upon him) said:
Between man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك و الكفر ترك الصلاةAnd the Prophet (peace and blessings be upon him) said:
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفرAs for the words of the Companions (may Allah be pleased with them), the Commander of the Faithful 'Umar ibn al-Khattab (may Allah be pleased with him) said:
Whoever stops doing the prayer will get nothing from Islam
لا حظّ في الإسلام لمن ترك الصلاةAnd 'Abdullah ibn Shaqiq, who is from the trustworthy Tabi'un, said: "The Companions of the Prophet (peace and blessings be upon him) did not consider any of the deeds whose leaving is disbelief except prayer". And this is a report of consensus. And the consensus of the Companions that the one who leaves prayer is a disbeliever was reported by a famous imam, namely Ishaq ibn Rahawayh (may Allah have mercy on him).
And as for reasoning and analogy: Because every person who leaves prayer and does not pray it, while knowing its importance in Islam, and that it is the second of its pillars, and that it has a level of care when it was made obligatory and when it is performed that is not found in any other worship, no sane person can see this status of prayer and then leave it while having something of faith in his heart, ever. And faith is not merely the affirmation of the existence of Allah (Mighty and Majestic) or the truth of the message of Muhammad (peace and blessings be upon him). No, the affirmation of this existed even among the disbelievers. So this is Abu Talib, who testified to it. But faith must necessarily entail acceptance and submission. Acceptance of the news and submission to the command. So if there is no submission to the command and no acceptance of the news, there is no faith.
And on this basis, we say that the one who leaves prayer is a disbeliever with major shirk that takes him out of the religion. If he dies, it is forbidden to wash him, shroud him, pray over him, bury him in the graves of Muslims, or supplicate for him with mercy, because he is eternally abiding in the Fire of Hell forever. We ask Allah for safety for us and for you.
And as for the one who prays and then leaves it, this is a place of disagreement among the scholars who say that the one who leaves prayer is a disbeliever. Some of them declared him a disbeliever for leaving two obligatory prayers, some of them declared him a disbeliever for leaving one obligatory prayer, and some of them said if most of his times he does not pray, he is a disbeliever.
And what appears to me is that he is not declared a disbeliever except if he does not pray at all. If he does not pray except on Friday, or does not pray except in Ramadan, I look: if he does that because he does not believe in the obligation, then he is a disbeliever, not because of leaving the prayer, but because of denying the obligation. And denying the obligation does not require leaving it. That is, if a man denied the obligation of prayer, he would be a disbeliever even if he prayed. And in this, the error of the one who said: The hadiths reported regarding the disbelief of the one who leaves prayer are intended for the one who left it in denial of its obligation, becomes clear. For this statement is very weak, because if we say the intended meaning is that he left it in denial of its obligation, it does not hold, neither in the affirmative nor in the negative. How? Because if a man denied its obligation, he is a disbeliever even if he is praying, is that not so?
So if a man prayed while denying its obligation, you say he is a disbeliever even though he did not leave it. So you have now cancelled the description by which the Lawgiver attached the ruling, which is leaving.
As for the negative side, it does not hold, because the one who left it is the one the hadith indicated is a disbeliever. So if we cancel this description, we have cancelled a description that the Lawgiver considered, and we have considered a description that the Lawginner did not consider but cancelled...
The student: The answer to the hadith of 'Ubadah ibn al-Samit...
The Shaykh : Some people brought up against this the hadith of 'Ubadah ibn al-Samit:
Five prayers have been made obligatory by Allah, so whoever comes to them and perfects their bowing, prostration, and ablution, Allah will admit him to Paradise. And whoever does not come to them, he has no covenant with Allah; if He wills, He will punish him, and if He wills, He will forgive him.
خمس صلوات فرضهن الله فمن أتى بهن فأتم ركوعهن وسجودهن ووضوءهن أدخله الله الجنة ، ومن لم يأت بهن لم يكن له عند الله عهد إن شاء عذبه وإن شاء غفر لهAnd the answer to this: First, this hadith does not counter the other hadiths indicating disbelief in terms of authenticity. And it is known that in the case of conflict, the stronger and more valid one is preferred.
Second: This hadith does not indicate the intended meaning, because the Messenger said "so complete them":
And perfects their bowing, prostration, and ablution.
فأتم ركوعهن وسجودهن ووضوءهنAnd whoever does not to them
ومن لم يأت بهنwill not have such a covenant with Allah; if He wills He will punish him, and if He wills, He will forgive him.
فليس له عند الله عهد إن شاء عذبه وإن شاء غفر لهAs for the one who does not come with them at all, the verse, the hadiths, and the athars that we mentioned are clear regarding his disbelief.
The student: ...
The Shaykh : As for the woman’s statement in her question that she has no one to support her, this is a sign of the weakness of her reliance upon Allah, for Allah (Glorified and Exalted is He) supports His creation. And Allah the Exalted said:
And whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
ومن يتق الله بجعل له مخرجا ويرزقه من حيث لا يحتسبAnd whoever fears Allah - He will make for him of his matter ease.
ومن يتق الله يجعل له من أمره يسراThe questioner : May Allah reward you.