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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on living with a husband who does not pray and drinks intoxicants

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Q: A sister who used the initials N. A. S. says: My problem is that my husband is addicted to drinking intoxicants, does not perform the prayer, and does not fast in Ramadan. He has been unemployed for a year, and I have two children from him who have not yet reached the age of discernment. I am currently in my parents' home, and my husband wants to bring me back to his house by any means. I am confused about whether to return to him for the sake of my children or to ask for a divorce, because I heard that it is not permissible for me to live with a man who abandons the prayer and drinks intoxicants. What should I do? Please advise us, may Allah reward you with good.

A: A husband who does not pray is a disbeliever; because of the saying of the Prophet (peace and blessings be upon him):
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)
It was narrated by Imam Ahmad and the people of the Sunan with a sound chain, and because of his saying (peace and blessings be upon him):
Between man and polytheism and unbelief is the abandonment of salat.بين الرجل وبين الشرك والكفر ترك الصلاة
Sahih Muslim 82b
It was narrated by Muslim in his Sahih, from Jabir (may Allah be pleased with him).
And it is the same whether he denies its obligation or does not deny its obligation. However, if he denies its obligation, he is a disbeliever by the consensus of the Muslims. As for if he abandons it out of negligence and laziness and does not deny its obligation, he is a disbeliever according to the most correct of the two opinions of the scholars; because of the two hadiths mentioned and what came in their meaning.
And it is not permissible for you, O questioner, to return to the aforementioned husband until he repents to Allah (Glorified and Exalted is He) and maintains the prayer. May Allah guide him and the one he is responsible for to sincere repentance.
And success is from Allah.
Source binbaz.org.sa

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

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