I have been married for four years, and at the time of the contract with my wife, I was not praying, while my wife was praying but not regularly, and we had a child, knowing that I was not
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The questioner : May the Shaykh be respected, I have been married for four years, and at the time of the contract with my wife, I was not praying, knowing that my wife was praying, but not regularly, and we had a child, knowing that I was not leaving off prayer out of denial, but out of laziness. I am now, praise be to Allah, maintaining my prayers and not being lazy about them. But what occupies my mind is the contract: is it considered invalid and must it be renewed, or not? And if it is invalid, what is the status of the child in that regard? Please inform us and advise us, may you be rewarded.
The Shaykh : This question includes a great and major issue, one of the most important issues and most difficult problems, which is leaving off prayer. The scholars, may Allah have mercy on them, differed regarding the one who leaves off prayer: does he become a disbeliever who has apostatized from Islam, or does he become an open sinner deserving of execution, or does he become an open sinner who does not deserve execution but deserves discretionary punishment until he prays?
And this dispute, like other disputes, requires returning to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). Allah the Exalted said:[An-Nisa 4:59] And Allah the Exalted said: [Ash-Shuraa 42:10] And if we return this dispute to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), and the people who knew the ruling of Allah best were the Companions, it becomes clear to us that the stronger position among these views is that the one who leaves off prayer commits major shirk (associating partners with Allah) that takes him out of the religion, and that leaving off prayer is apostasy from Islam. The person is given the opportunity to repent, and if he does not, he is killed as a disbeliever. He is not washed, not shrouded, not prayed over, and not buried with the Muslims. Rather, a hole is dug for him in any place far from inhabited areas and he is thrown in, because his destination is the Fire, may Allah protect us from it.
Therefore, it is not permissible for his family, if he dies while leaving off prayer and has not repented, to present him to the Muslims to pray over him. It is not permissible for them to bury him with the Muslims, and it is not permissible for them to pray for his mercy and forgiveness. This is what the texts of the Book and the Sunnah and the statements of the Companions indicate. Perhaps we will come to mention some of them in another session, if Allah wills, because I think this session is too short to cover the evidence.
As for those who interpreted the evidence indicating the disbelief of the one who leaves off prayer as being based on denial, they have strayed far from the target. This is because the Prophet (peace and blessings be upon him) linked disbelief to leaving off [prayer]. So if we say that disbelief is linked to denial, we have deviated from the description that the Lawgiver made the basis of the ruling to a new description that the Lawgiver did not make the basis of the ruling.
Also, the one who denies the obligation of prayer is a disbeliever whether he prays or not. Even if he prays the five daily prayers behind the imam every day while believing that they are not obligatory, he is a disbeliever. Moreover, the belief that something is not obligatory is a cause of disbelief even in matters other than prayer, on which the scholars have agreed with definitive consensus. So the one who denies the obligation of zakah (the obligatory alms) is a disbeliever, and the one who denies the obligation of Hajj (the major pilgrimage) is a disbeliever, and the one who denies the obligation of fasting is a disbeliever, and the one who denies the obligation of dutifulness to parents is a disbeliever. So this is not specific to prayer. The Prophet (peace and blessings be upon him) specified the ruling of disbelief for the one who leaves off prayer. So how do we go beyond what the Prophet (peace and blessings be upon him) ruled?
As for what those who say that the one who leaves off prayer does not become a disbeliever used as evidence from doubts, these arguments they mentioned do not fall outside one of the following categories:
Either there is no argument in them at all, or their author is excused due to lack of knowledge, or they are described with characteristics that make it impossible to leave off prayer, or they are weak, or they are general and have been specified by the hadiths regarding the disbelief of the one who leaves off prayer. So they do not escape these five categories, as we have tracked them.
It is not for us to declare as disbelievers those whom Allah and His Messenger have not declared as disbelievers, and it is not for us to deny disbelief to those whom Allah and His Messenger have declared as disbelievers. Because the ruling of takfir (declaring someone a disbeliever) or not declaring someone a disbeliever does not return to us, but it returns to Allah and His Messenger. We are the slaves of Allah, and He rules over us as He wills, by decree and by law. So if He rules by His law that one of us is a disbeliever, let us accept this ruling and declare him a disbeliever, and not care, just as if He ruled by decree that one of us should become ill or lose his wealth, we would accept this.
As for the child resulting from this marriage mentioned by the questioner, the child is his son, because his intercourse was, at the highest estimate, intercourse based on doubt. And the child is attributed to his father through intercourse based on doubt. As for his repentance to Allah now, this is something to be praised for, and it is a blessing of Allah upon him. And what I see for him is to renew the marriage contract so that his heart is at ease and his chest is open, and may Allah bless him in his family.
But I warn him about an issue: if at the time of the contract he was praying and leaving off [prayer] occasionally, meaning he did not leave it off absolutely, then he is not a disbeliever. He is not a disbeliever because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1079Sahih (Darussalam) And he said: Sahih Muslim 82b He did not say: "leaving off a prayer," but rather And he distinguished between a lazy man who prays sometimes and leaves off sometimes, and a lazy man who does not pray at all and has resolved not to pray. So the second one is the one we see as a disbeliever, while the first one is not a disbeliever, but he is an open sinner, and he must fear Allah (Mighty and Majestic) and fulfill what Allah has made obligatory upon him if he is among the believers: [An-Nisa 4:103].
The questioner : Thank you, may Allah reward you, O respected Shaykh, and may Allah bless you in your knowledge and benefit the Muslims with you.
The Shaykh : This question includes a great and major issue, one of the most important issues and most difficult problems, which is leaving off prayer. The scholars, may Allah have mercy on them, differed regarding the one who leaves off prayer: does he become a disbeliever who has apostatized from Islam, or does he become an open sinner deserving of execution, or does he become an open sinner who does not deserve execution but deserves discretionary punishment until he prays?
And this dispute, like other disputes, requires returning to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). Allah the Exalted said:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًاAnd in anything over which you disagree - its ruling is [to be referred] to Allah.
وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِTherefore, it is not permissible for his family, if he dies while leaving off prayer and has not repented, to present him to the Muslims to pray over him. It is not permissible for them to bury him with the Muslims, and it is not permissible for them to pray for his mercy and forgiveness. This is what the texts of the Book and the Sunnah and the statements of the Companions indicate. Perhaps we will come to mention some of them in another session, if Allah wills, because I think this session is too short to cover the evidence.
As for those who interpreted the evidence indicating the disbelief of the one who leaves off prayer as being based on denial, they have strayed far from the target. This is because the Prophet (peace and blessings be upon him) linked disbelief to leaving off [prayer]. So if we say that disbelief is linked to denial, we have deviated from the description that the Lawgiver made the basis of the ruling to a new description that the Lawgiver did not make the basis of the ruling.
Also, the one who denies the obligation of prayer is a disbeliever whether he prays or not. Even if he prays the five daily prayers behind the imam every day while believing that they are not obligatory, he is a disbeliever. Moreover, the belief that something is not obligatory is a cause of disbelief even in matters other than prayer, on which the scholars have agreed with definitive consensus. So the one who denies the obligation of zakah (the obligatory alms) is a disbeliever, and the one who denies the obligation of Hajj (the major pilgrimage) is a disbeliever, and the one who denies the obligation of fasting is a disbeliever, and the one who denies the obligation of dutifulness to parents is a disbeliever. So this is not specific to prayer. The Prophet (peace and blessings be upon him) specified the ruling of disbelief for the one who leaves off prayer. So how do we go beyond what the Prophet (peace and blessings be upon him) ruled?
As for what those who say that the one who leaves off prayer does not become a disbeliever used as evidence from doubts, these arguments they mentioned do not fall outside one of the following categories:
Either there is no argument in them at all, or their author is excused due to lack of knowledge, or they are described with characteristics that make it impossible to leave off prayer, or they are weak, or they are general and have been specified by the hadiths regarding the disbelief of the one who leaves off prayer. So they do not escape these five categories, as we have tracked them.
It is not for us to declare as disbelievers those whom Allah and His Messenger have not declared as disbelievers, and it is not for us to deny disbelief to those whom Allah and His Messenger have declared as disbelievers. Because the ruling of takfir (declaring someone a disbeliever) or not declaring someone a disbeliever does not return to us, but it returns to Allah and His Messenger. We are the slaves of Allah, and He rules over us as He wills, by decree and by law. So if He rules by His law that one of us is a disbeliever, let us accept this ruling and declare him a disbeliever, and not care, just as if He ruled by decree that one of us should become ill or lose his wealth, we would accept this.
As for the child resulting from this marriage mentioned by the questioner, the child is his son, because his intercourse was, at the highest estimate, intercourse based on doubt. And the child is attributed to his father through intercourse based on doubt. As for his repentance to Allah now, this is something to be praised for, and it is a blessing of Allah upon him. And what I see for him is to renew the marriage contract so that his heart is at ease and his chest is open, and may Allah bless him in his family.
But I warn him about an issue: if at the time of the contract he was praying and leaving off [prayer] occasionally, meaning he did not leave it off absolutely, then he is not a disbeliever. He is not a disbeliever because 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 كفرBetween man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةLeaving off prayer
ترك الصلاةIndeed, prayer has been decreed upon the believers a decree of specified times.
إِنَّ الصَّلاةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَابًا مَوْقُوتًاThe questioner : Thank you, may Allah reward you, O respected Shaykh, and may Allah bless you in your knowledge and benefit the Muslims with you.