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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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I have read a book in which the author holds that abandoning the prayer does not constitute disbelief, and he refutes those who say that abandoning the prayer is disbelief other than disbelief, citing the hadith of intercession and other evidence.

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The questioner : I have read a book in which the author of this book holds that abandoning the prayer does not constitute disbelief, and he refutes those who say that abandoning the prayer is disbelief other than disbelief, citing the hadith of intercession and other evidence. What is the ruling of the Shari'ah in your view regarding this? May you be rewarded.

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. This question is about a great and major issue.

The questioner : Yes.

The Shaykh : People have differed on this, especially after the first generation. Is abandoning the prayer major disbelief that expels one from the religion, or is it disbelief other than disbelief? In case of disagreement, the reference is the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), as Allah the Exalted said:
And in anything over which you disagree - its ruling is [to be referred] to Allah. وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ
[Ash-Shuraa 42:10]
And Allah (Mighty and Majestic) referred us to His Book and the Sunnah of His Messenger (peace and blessings be upon him) when we disagree, saying:
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 إن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الأخر ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
[An-Nisa 4:59]
When we return this issue to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), we see that the Book and the Sunnah indicate that the one who abandons the prayer is a disbeliever with major disbelief that expels him from the religion.

The questioner : Yes.

The Shaykh : This is based on the saying of Allah the Exalted regarding the polytheists:
But if they repent, establish prayer, and give zakah, then they are your brothers in religion فَإِنْ تَابُوا وَأَقَامُوا الصَّلاةَ وَءاتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ
[At-Tawbah 9:11]
So Allah the Exalted made three conditions for brotherhood in religion: first, repentance from shirk (associating partners with Allah); second, establishing the prayer; and third, giving zakah (the obligatory alms). It is known that the conditioned thing is absent if its condition is absent. So brotherhood in religion is absent if this compound condition of three things—repentance from shirk, establishing the prayer, and giving zakah—is absent. And brotherhood in religion is not absent except when a person exits the religion entirely. Otherwise, brotherhood in religion remains even with sins and open sinfulness. The proof of the remaining of faith-based brotherhood with sins and open sinfulness is the saying of Allah the Exalted:
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable يَا أَيُّهَا الَّذِينَ ءامَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنثَى بِالأُنثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ
[Al-Baqarah 2:178]
So Allah the Exalted made retaliation (qisas) obligatory for one who kills his brother intentionally. And it is known that intentional killing is among the greatest of major sins, the greatest of transgressions against humans. And Allah said about it:
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment. وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا
[An-Nisa 4:93]
And yet, this great sin did not expel him from religious brotherhood, as He (Exalted and Majestic is He) said:
But whoever overlooks from his brother anything, then there should be a suitable follow-up فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ
[Al-Baqarah 2:178]
So Allah the Exalted made the killed person a brother to the killer.
And likewise, He (Glorified and Exalted is He) said regarding the two groups of believers if they fight each other:
(9) And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly. (10) The believers are but brothers, so make settlement between your brothers. And fear Allah that you may receive mercy. وَإِنْ طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا فَإِنْ بَغَتْ إِحْدَاهُمَا عَلَى الأُخْرَى فَقَاتِلُوا الَّتِي تَبْغِي حَتَّى تَفِيءَ إِلَى أَمْرِ اللَّهِ فَإِنْ فَاءَتْ فَأَصْلِحُوا بَيْنَهُمَا بِالْعَدْلِ وَأَقْسِطُوا إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ * إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ
[Al-Hujurat 49:9-10]
So Allah made the two fighting groups brothers to the third group that reconciles them, even though fighting a believer is disbelief, as the Prophet (peace and blessings be upon him) said:
Abusing a Muslim is an outrage and fighting against him is unbelief سباب المسلم فسوق، وقتاله كفر
Sahih Muslim 64a
And this is what we say: it is disbelief other than disbelief, because Allah affirmed faith along with the fighting. This indicates that the term "disbelief" applied to one who fights his brother means disbelief other than disbelief. I say: faith-based brotherhood is not negated except by exiting the religion entirely. And the verse we cited at the beginning of the answer indicates that faith-based brotherhood is not established except by the three conditions, or by a compound condition of three attributes: repentance from shirk, establishing the prayer, and giving zakah.
As for the Sunnah, it is established in "Sahih Muslim" from Jabir ibn 'Abdullah (may Allah be pleased with them both) 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 والكفر ترك الصلاة
Sahih Muslim 82b
And in the Sunan, from the hadith of Buraydah, that 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 كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
This is explicit that the disbelief of the one who abandons the prayer is disbelief that expels one from the religion, because he made it a divider between Muslims and disbelievers, and between disbelief and faith. The divider and the limit expel the divided thing from the other, and the limited thing from the other. And the consensus (ijma') of the Companions (may Allah be pleased with them) indicated that. 'Abdullah ibn Shaqiq, one of the well-known Tabi'un (the generation after the Companions), transmitted their consensus, saying: "The Companions of the Messenger of Allah (peace and blessings be upon him and his family) did not consider any act whose abandonment is disbelief except the prayer." And the famous Imam Ishaq ibn Rahawayh transmitted their consensus, i.e., the consensus of the Companions (may Allah be pleased with them), on that. And reflection and analogical reasoning (qiyas) require that. If a man persists in abandoning the prayer and sees people praying while he does not pray, neither at night nor by day, neither in the mosque nor alone, how can a person say that this man is a believer? A believer cannot persist in abandoning the prayer forever. Rather, a believer persists in the prayer. Allah the Exalted said:
(1) Certainly will the believers have succeeded: (2) They who are during their prayer humbly submissive قَدْ أَفْلَحَ الْمُؤْمِنُونَ * الَّذِينَ هُمْ فِي صَلاتِهِمْ خَاشِعُونَ
[Al-Mu'minun 23:1-2]
up to His saying:
And those who are constant in their prayers وَالَّذِينَ هُمْ عَلَى صَلَوَاتِهِمْ يُحَافِظُونَ
And if that is the case, is there a hadith that says: the one who abandons the prayer is a believer? Or that says: the one who abandons the prayer is in Paradise? Or that says: the one who abandons the prayer is with the believers? Rather, the Prophet (peace and blessings be upon him) mentioned that whoever does not persist in these prayers will be gathered on the Day of Resurrection with Pharaoh, Haman, Qarun, and Ubayy ibn Khalaf. And the hadiths, and indeed the evidence, cited by those who say that the one who abandons the prayer does not become a disbeliever, and that his disbelief is minor disbelief, disbelief other than disbelief, do not go beyond five states. Either there is no evidence at all in them, like the argument of some with the saying of Allah the Exalted:
Indeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He wills إِنَّ اللَّهَ لا يَغْفِرُ أن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَلِكَ لِمَنْ يَشَاءُ
[An-Nisa 4:48]
Or they are restricted by a description with which abandoning the prayer is not possible, like the hadith of 'Itban ibn Malik (may Allah be pleased with him) that the Prophet (peace and blessings be upon him and his family) said:
Indeed, Allah has forbidden the Fire for one who says: There is no god but Allah, sincerely from his heart. إن الله حرّم على النار من قال: لا إله إلا الله خالصاً من قلبه
Sahih Ibn Khuzaymah 3:173
And in a wording:
Narrated 'Urban bin Malik: who attended the Badr battle and was from the Ansar, that he came to the Prophet (ﷺ) and said, "O Allah's Apostle! I have lost my eyesight and I lead my people in the prayer (as an Imam). When it rains, the valley which is between me and my people, flows with water, and then I cannot go to their mosque to lead them in the prayer. O Allah's Messenger (ﷺ)! I wish that you could come and pray in my house so that I may take it as a praying place. The Prophet (ﷺ) said, "Allah willing, I will do that." The next morning, soon after the sun had risen, Allah's Messenger (ﷺ) came with Abu Bakr. The Prophet (ﷺ) asked for the permission to enter and I admitted him. The Prophet (ﷺ) had not sat till he had entered the house and said to me, "Where do you like me to pray in your house?" I pointed at a place in my house whereupon he stood and said, "Allahu Akbar." We lined behind him and he prayed two rak`at and finished it with Taslim. We then requested him to stay for a special meal of Khazira which we had prepared. A large number of men from the adjoining area gathered in the house. One of them said, "Where is Malik bin Ad-Dukhshun?" Another man said, "He is a hypocrite and does not love Allah and His Apostle." The Prophet said, "Do not say so. Do you not think that he has said: "None has the right to be worshipped but Allah," seeking Allah's pleasure? The man said, "Allah and His Apostle know better, but we have always seen him mixing with hypocrites and giving them advice." The Prophet (ﷺ) said, "Allah has forbidden the (Hell) Fire for those who testify that none has the right to be worshipped but Allah, seeking Allah's pleasure. " يبتغي بذلك وجه الله
Sahih al-Bukhari 5401
It is absolutely impossible.

The questioner : Yes.

The Shaykh : These are two. Third: or they are restricted to a state in which the one who did not pray is excused, like the hadith of Hudhayfah ibn al-Yaman (may Allah be pleased with him) regarding a people in whose time Islam was extinguished and they did not know of Islam except the saying: there is no god but Allah. So they said it and entered Paradise with it, because these people do not know anything, so they are excused by not knowing the laws and rituals of Islam. And Allah does not burden a soul except with what it can bear.
Fourth: weak hadiths that cannot withstand the authentic evidence indicating that the one who abandons the prayer is a disbeliever with major disbelief that expels him from the religion. And it is known that in case of conflict, the later one is taken if the date is known, otherwise the stronger one is preferred. And the weak cannot withstand the strong, nor can the strong be contradicted by it.
Fifth: general hadiths that are specified by hadiths regarding abandoning the prayer. This is like the hadiths of intercession, in which Allah takes out of the Fire one who did not do any good at all. Did the Messenger (peace and blessings be upon him) say in the hadith of intercession that they are taken out of the Fire, those who did not pray? No, rather he said: one who did not do any good at all. It is said: the prayer is excluded from that, because the texts indicated that abandoning it is disbelief, and a disbeliever is not taken out of the Fire, as Allah the Exalted said:
So there will not benefit them the intercession of [any] intercessors. فَمَا تَنْفَعُهُمْ شَفَاعَةُ الشَّافِعِينَ
[Al-Muddaththir 74:48]
Then we say to those who argued with the hadith of intercession: you do not act according to its implication. If it were the case that the one in the Fire did not say: there is no god but Allah, would he be taken out by intercession? He would not be taken out by intercession, even though he did not do any good at all. So this text is not in its generality, but there is what specifies it. And with this, the evidence for the saying that the one who abandons the prayer is a disbeliever is established and safe from a contradicting opponent. So it is obligatory to take it.
And we disavow to Allah that we declare as disbelievers one whom Allah and His Messenger have not declared a disbeliever, just as we disavow to Allah that we shy away from declaring as disbelievers one whom Allah and His Messenger have declared a disbeliever. The matter is for Allah and the judgment is for Allah. If He judges one with disbelief, it is obligatory for us to accept it, be pleased with it, and judge him as a disbeliever. And if He negates disbelief from one, it is obligatory for us to be pleased with that and negate disbelief from him. It is not for us to transgress the limits of Allah, and it is not for us to object to His Shari'ah.
And if it becomes clear that the disbelief of the one who abandons the prayer is indicated by the Book, the Sunnah, the consensus of the Companions, and correct reflection, and that what contradicts it cannot withstand it, then it is obligatory to take it.
It remains to be said: What do you say about one who withholds zakah out of stinginess and negligence? Does he become a disbeliever? The answer is: Some scholars have said that he becomes a disbeliever, and this is a narration from Imam Ahmad (may Allah have mercy on him). They cited as evidence the verse from Surat al-Tawbah that we quoted at the beginning of our discussion
But if they repent, establish prayer, and give zakah, then they are your brothers in religion فَإِنْ تَابُوا وَأَقَامُوا الصَّلاةَ وَءاتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ
[At-Tawbah 9:11]
. However, what appears to be the case is that one who withholds zakah out of stinginess and negligence does not become a disbeliever, based on what is established in "Sahih Muslim" from Abu Hurayrah (may Allah be pleased with him) that the Prophet (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 يؤدي منها حقها إلا إذا كان يوم القيامة صُفّحت له صفائح من نار، وأحمي عليها في نار جهنم فيُكوى بها جنبه وجبينه وظهره كلما بردت أعيدت في يوم كان مقداره خمسين ألف سنة حتى يُقضى بين العباد ثم يرى سبيله إما إلى الجنة وإما إلى النار
Sahih Muslim 987a
His saying (peace and blessings be upon him and his family):
to Paradise or to Hell إما إلى الجنة وإما إلى النار
Sunan Abi Dawud 1658Sahih (Al-Albani)
indicates that he does not become a disbeliever on account of this, because if he were a disbeliever, he would have no path to Paradise. Accordingly, the implication of the verse we quoted at the beginning of our discussion is clarified by the hadith of Abu Hurayrah that we mentioned. If someone were to ask: What do you say about those who apply the hadiths regarding the disbelief of one who abandons prayer to one who denies its obligation? We say: This is incorrect, because one who applies them to one who denies its obligation has committed two prohibited matters. The first matter is: diverting the wording from its apparent meaning.
The second matter is: deriving a meaning that the wording does not indicate. He has also committed a third matter, which is that denying the obligation is a cause of disbelief, whether he prays or not. The hadith is:
so whoever leaves it, he has committed Kufr. من تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
and
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer. بين الرجل وبين الكفر والشرك ترك الصلاة
How can we turn away from the description for which the Shari'ah has established disbelief to a description that the Shari'ah did not mention? This is a clear contradiction. It is reported from Imam Ahmad regarding the verse on the killing of a believer intentionally,
his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment. فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا وَغَضِبَ اللَّهُ عَلَيْهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذَابًا عَظِيمًا
[An-Nisa 4:93]
that he was told, "Some people say this about one who considers killing permissible." He laughed (may Allah have mercy on him) and said: "One who considers the killing of a believer permissible is a disbeliever, whether he killed him or not." And so we say regarding those who apply the hadiths on the disbelief of one who abandons prayer to one who denies it: We say that one who denies it is a disbeliever, whether he prays or not.
We ask Allah the Exalted to make us among those who see the truth as truth and follow it.

The questioner : Amen.

The Shaykh : And see falsehood as falsehood and avoid it.

The questioner : Amen.

The Shaykh : And guide us to that in which there is disagreement among us from the truth, by His permission.

The questioner : O Allah, amen.

The Shaykh : Indeed, He guides whom He wills to a straight path. And I advise, following this, one whom Satan has played with and who has abandoned prayer, to fear Allah Mighty and Majestic, and to return to his right mind, and to enter into his religion from which he has exited. And let him know that abandoning prayer is a greater disbelief than zina, intoxicants, theft, highway robbery, and other major sins that are less than disbelief. So let him fear Allah for himself and let him fear Allah for his family, for the matter is serious, and he does not know; perhaps he will die in this state and be among the people of the Fire. We ask Allah for well-being and safety.

The questioner : O Allah, amen. Thank you, O honorable Shaykh, for this blessed guidance in this great issue, which is the issue of abandoning prayer.
The questioner S H 'A says, O honorable Shaykh.
Source alathar.net

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

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