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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a person dies and it is most likely that he did not pray, is it permissible to pray over him?

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The questioner : If a person dies and it is most likely in my opinion that he did not pray at all, is it permissible for me to pray over him, or what should I do? I hope for your guidance. May Allah reward you with good.

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:
We have previously stated through this program, and in a letter we wrote, that one who abandons prayer out of laziness and negligence is a disbeliever who has exited Islam. We clarified the evidence from the Book and the Sunnah, and the statements of the Companions, regarding this. However, it is not permissible for us to rule that a person has abandoned prayer based merely on suspicion, because the default assumption for a Muslim is that he prays, due to the great status of prayer in the hearts of Muslims. So, if a person is brought forward to be prayed over, and it is most likely in the opinion of some people that he did not pray, it is not permissible for them to refrain from praying over him based merely on suspicion.
Yes, if he is certain that he did not pray, it is not permissible for him to pray over him, because praying over a non-Muslim is forbidden, as Allah the Exalted said:
And do not pray [the funeral prayer, O Muhammad], over any of them who has died - ever - or stand at his grave وَلا تُصَلِّ عَلَى أَحَدٍ مِنْهُمْ مَاتَ أَبَدًا وَلا تَقُمْ عَلَى قَبْرِهِ
[At-Tawbah 9:84]
and as Allah the Exalted said:
It is not for the Prophet and those who have believed to ask forgiveness for the polytheists, even if they were relatives, after it has become clear to them that they are companions of Hellfire. مَا كَانَ لِلنَّبِيِّ وَالَّذِينَ آمَنُوا أَنْ يَسْتَغْفِرُوا لِلْمُشْرِكِينَ وَلَوْ كَانُوا أُوْلِي قُرْبَى مِنْ بَعْدِ مَا تَبَيَّنَ لَهُمْ أَنَّهُمْ أَصْحَابُ الْجَحِيمِ
[At-Tawbah 9:113]
.
Praying over the deceased is intercession for him to Allah (Mighty and Majestic). Intercession is not permissible for one whom Allah is not pleased with, as Allah the Exalted said:
and they cannot intercede except on behalf of one whom He approves وَلا يَشْفَعُونَ إِلَّا لِمَنِ ارْتَضَى
[Al-Anbya 21:28]
. It is also of no benefit to the one for whom intercession is sought, as Allah the Exalted said:
That Day, no intercession will benefit except [that of] one to whom the Most Merciful has given permission and has accepted his word. يَوْمَئِذٍ لا تَنفَعُ الشَّفَاعَةُ إِلَّا مَنْ أَذِنَ لَهُ الرَّحْمَنُ وَرَضِيَ لَهُ قَوْلًا
[Taha 20:109]
and He said:
And how many angels there are in the heavens whose intercession will not avail at all except [only] after Allah has permitted [it] to whom He wills and approves. وَكَمْ مِنْ مَلَكٍ فِي السَّمَاوَاتِ لا تُغْنِي شَفَاعَتُهُمْ شَيْئاً إِلَّا مِنْ بَعْدِ أَنْ يَأْذَنَ اللَّهُ لِمَنْ يَشَاءُ وَيَرْضَى
[An-Najm 53:26]
.
In summary: It is not permissible for a person to make this great and major ruling, which is disbelief, based on suspicion. Rather, he does not make this ruling unless he is certain.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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