You stated that a person who abandons prayer, if he repents, must conclude a new contract with his wife. Is this correct, and what is the ruling for one who does not do so?
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The questioner : He says:The questioner : A fatwa was issued by your eminence stating that one who repents from abandoning prayer...
The Shaykh : ...is far from your mouth because...
The questioner : ...that one who repents from abandoning prayer must conclude a new contract. What is the ruling for one who does not do so? And what is the ruling regarding his wife remaining with him?
The Shaykh : Yes, the question states that we previously issued a fatwa that if a man marries while he is abandoning prayer, his marriage is not valid. And if he repents to Allah and returns to Islam, he must renew the contract. We say: Yes, this is what was issued from us, because one who abandons prayer is a disbeliever with a disbelief that takes him out of the religion, as indicated by the Qur'an, the Sunnah, and the consensus of the Companions (may Allah be pleased with them), as well as the correct meaning. This is not a place to elaborate on the evidence. And what those who do not view it as disbelief argue with does not escape one of five matters: either it has no indication at all.
Or it is restricted to a state in which abandoning prayer is impossible.
Or it is in a state where one who abandons prayer is excused because he does not know anything except the remembrance of Allah.
Or it is general but intended to be specific; it is general, but the specific is intended by it.
Or it does not contain an indication of negating the disbelief of one who abandons prayer.
In any case, we say that the stronger position, which is indicated by the Book and the Sunnah and the consensus of the Companions, is that he is a disbeliever with a disbelief that takes him out of the religion. Therefore, if he contracted marriage while in this state, and then Allah granted him repentance, he must renew the contract. He should bring two witnesses and have the wife's guardian present, and say: "I have married you to my daughter or my sister," and he should say: "I accept," and the matter is concluded. Yes.
The questioner : He asks and says: "O Shaykh, what is the ruling for one who did not do so?"
The Shaykh : He must do so. If he did not do so, he is a sinner and sinful, and the wife is not lawful for him. This is why he must do so. Yes.
The Shaykh : ...is far from your mouth because...
The questioner : ...that one who repents from abandoning prayer must conclude a new contract. What is the ruling for one who does not do so? And what is the ruling regarding his wife remaining with him?
The Shaykh : Yes, the question states that we previously issued a fatwa that if a man marries while he is abandoning prayer, his marriage is not valid. And if he repents to Allah and returns to Islam, he must renew the contract. We say: Yes, this is what was issued from us, because one who abandons prayer is a disbeliever with a disbelief that takes him out of the religion, as indicated by the Qur'an, the Sunnah, and the consensus of the Companions (may Allah be pleased with them), as well as the correct meaning. This is not a place to elaborate on the evidence. And what those who do not view it as disbelief argue with does not escape one of five matters: either it has no indication at all.
Or it is restricted to a state in which abandoning prayer is impossible.
Or it is in a state where one who abandons prayer is excused because he does not know anything except the remembrance of Allah.
Or it is general but intended to be specific; it is general, but the specific is intended by it.
Or it does not contain an indication of negating the disbelief of one who abandons prayer.
In any case, we say that the stronger position, which is indicated by the Book and the Sunnah and the consensus of the Companions, is that he is a disbeliever with a disbelief that takes him out of the religion. Therefore, if he contracted marriage while in this state, and then Allah granted him repentance, he must renew the contract. He should bring two witnesses and have the wife's guardian present, and say: "I have married you to my daughter or my sister," and he should say: "I accept," and the matter is concluded. Yes.
The questioner : He asks and says: "O Shaykh, what is the ruling for one who did not do so?"
The Shaykh : He must do so. If he did not do so, he is a sinner and sinful, and the wife is not lawful for him. This is why he must do so. Yes.