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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion of the hadith (Islam is built on five pillars...) and the pillar of prayer.

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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We previously discussed the beginning of this hadith, the hadith of Ibn 'Umar, in which the Prophet (peace and blessings be upon him) said:
Islam is built on five: the testimony that there is no god but Allah and that Muhammad is His slave and His Messenger, -the second- establishing the prayer بني الإسلام على خمس: شهادة ألاّ إله إلاّ الله وأنّ محمّدا عبده ورسوله، -الثاني- إقام الصّلاة
The meaning of establishing the prayer is that a person performs it correctly, in accordance with how it was reported from the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) said:
offer your prayers in the way you saw me offering my prayers صلّوا كما رأيتموني أصلّي
Sahih al-Bukhari 6008
So, whoever does not establish the prayer has fallen short of one of the pillars of Islam. However, if he abandons it entirely, he has exited the religion of Islam and entered the religion of the disbelievers and polytheists, refuge with Allah. If a person does not pray, neither in congregation nor in his home, he is a disbeliever who has apostatized from Islam, based on the saying of Allah the Exalted:
But if they repent, establish prayer, and give zakah, then they are your brothers in religion فإن تابوا وأقاموا الصّلاة وآتوا الزّكاة فإخوانكم في الدّين
[At-Tawbah 9:11]
This implies that if they do not establish the prayer, they are not our brothers in religion. It is established from the Prophet (peace and blessings be upon him) that he said:
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr. العهد الذي بيننا وبينهم الصّلاة فمن تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
, and he said:
It is narrated on the authority of Abu Zubair that he heard Jabir b. 'Abdullah saying. I heard the Messenger of Allah (may peace and blessings be upon him) observing this: Between man and polytheism and unbelief is the abandonment of salat. بين الرّجل وبين الشّرك ترك الصّلاة
Sahih Muslim 82b
Some scholars have reported the consensus of the Companions (may Allah be pleased with them) that one who abandons the prayer is a disbeliever. Accordingly, if a person abandons the prayer and does not pray at all, he is a disbeliever who has apostatized, and it is permissible to kill him. However, the one who kills him is the one in authority, not the general public. Rather, it is obligatory for the one in authority to kill him, unless he repents and prays. If he is killed while still abandoning the prayer, he is not washed, not shrouded, no funeral prayer is performed for him, and he is not buried in the graves of the Muslims. Instead, he is taken out to the open land, and a pit is dug for him—not a grave—but a pit in which he is buried as one buries a sheep when it dies, so that his smell does not bother people.
And when he is gathered on the Day of Resurrection, he will not be gathered with those upon whom Allah has bestowed favor, namely the prophets, the truthful ones, the martyrs, and the righteous. Rather, he will be gathered with Pharaoh, Haman, Qarun, and Abu Jahl. This is with regard to religious and legal matters.
As for financial matters, if he dies and he has a relative, that relative does not inherit from him. For example, if a man dies leaving behind a son who does not pray and a distant Muslim cousin, the inheritance goes to the distant cousin, and the son gets nothing. Why? Because he is a disbeliever since he does not pray. The Prophet (peace and blessings be upon him) said:
A muslim does not inherit from a kafir. لا يرث المسلم الكافر
Muwatta Malik 27:18
If someone says, "Is he not his son?" we say, "Yes, he is his son, but he does not inherit from him." Allah the Exalted said to Noah (peace be upon him) when he said:
My Lord, indeed my son is of my family ربّ إنّ ابني من أهلي
[Hud 11:45]
Allah said to him:
indeed he is not of your family إنّه ليس من أهلك
[Hud 11:46]
Even though he was his own son, but because he was a disbeliever, he was not considered his relative in the Shari'ah, meaning he was not of his family in the Shari'ah. Similarly, if the man who does not pray dies and he has relatives, they do not inherit from him; rather, his wealth is placed in the public treasury, because a Muslim does not inherit from a disbeliever. Some scholars have said that the apostate is inherited from by his Muslim relatives because he is the one who exited their religion, so they inherit from him. This is the choice of Shaykh al-Islam Ibn Taymiyyah, but it is weak due to the generality of the saying of the Prophet (peace and blessings be upon him):
A Muslim may not inherit from an infidel nor an infidel from a Muslim. لا يرث المسلم الكافر ولا الكافر المسلم
Sunan Abi Dawud 2909Sahih (Al-Albani)

If he also dies while not praying, it is forbidden for his family and those who know him to offer condolences for him or to say, "O Allah, have mercy on him," "O Allah, pardon him," or "O Allah, forgive him." It is forbidden for them, based on the saying of Allah the Exalted:
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. ما كان للنّبيّ والذين آمنوا أن يستغفروا للمشركين ولو كانوا أولي قربى من بعد أن تبيّن لهم أنّهم أصحاب الجحيم
[At-Tawbah 9:113]
Similarly, if he has a wife, the wife is forbidden to him, and it is obligatory to separate her from him, because he has become a disbeliever, and a disbeliever cannot have a Muslim wife. Rather, it is obligatory to separate him from his wife. Similarly, if he has children, he does not have custody of them; his custody is dropped, because a disbeliever has no custody over a Muslim. The important point is that this is a very serious matter. If someone has a person who does not pray and he dies while not praying, it is forbidden for him to present him to the Muslims so that they pray for him, because by doing so, he would be deceiving them and misleading them. How can he present someone who does not deserve to have a funeral prayer performed for him to the Muslims so that they pray for him? Rather, it is obligatory for them to take him by car to the open land, as we said, and dig a pit for him in which to bury him, and not to say after his burial, "O Allah, forgive him," "O Allah, make him firm." This is forbidden for him. He leaves him to his Lord (Mighty and Majestic), but we know that all disbelievers are in the Fire, abiding therein eternally. We ask Allah for safety.
Establishing the prayer is a pillar of the pillars of Islam. Establish it in its times; do not advance it before the time, not even by one minute, and do not delay it after the time. Establish it with its conditions: perform wudu' from minor ritual impurity, perform ghusl from major ritual impurity, cover the 'awrah, face the qiblah. Establish it with its pillars: say takbir for the opening while standing, recite al-Fatihah, bow, prostrate, rise from bowing, rise from prostration, sit between the two prostrations, and so on. The important point is that this is a matter we must pay attention to. If we see one of our family members in our home who does not pray, we advise him, and he refuses, and we advise him, and he refuses, and we advise him, and he refuses, then it is obligatory to report him to the one in authority so that he enforces what is obligatory upon him. We ask Allah to guide us and you, and to rectify our intentions, our offspring, and our deeds. He is capable of all things.
Source alathar.net

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

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