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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who prays Fajr after the sun has risen

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Q: We received this message from K. A. K. from Riyadh, which read: “I have a friend who lives near me, and the mosque is very close to us. My friend does not go to pray the Fajr prayer; he spends the night watching television and playing cards, staying up until the early hours of the morning, and he does not pray Fajr until after the sun has risen. I have rebuked him many times, and his excuse is that he does not hear the adhan, even though the mosque is very close to us. I expressed my desire to wake him up for the Fajr prayer, and indeed I go to his place and wake him, but I do not see him in the mosque. Then I come to him after the prayer and find him sleeping, so I rebuke him and he makes weak excuses. Sometimes he says to me: ‘Are you not responsible for me before Allah on the Day of Resurrection because you are my neighbor?’ I ask your Eminence to inform us about this, and whether I am actually obligated to wake him up for prayer.”

A: It is not permissible for a Muslim to stay up late in a way that leads to him missing the Fajr prayer in congregation or within its time, even if that staying up is for reading the Qur’an or seeking knowledge. How much more so if his staying up is for watching television, playing cards, or the like?
By this action, he is sinful and deserving of the punishment of Allah (Glorified and Exalted is He), as he is also deserving of punishment from the authorities in a manner that deters him and those like him.
Delaying the prayer until after the sun has risen is major shirk (associating partners with Allah) if one does so intentionally, according to a group of scholars. This is based on the saying of the Prophet (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
narrated by Muslim in his Sahih, and his saying (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)
reported by Imam Ahmad and the people of the Sunan from Buraydah ibn al-Husayb (may Allah be pleased with him) with a sound chain.
There are other hadiths and athar in this chapter indicating that one who delays the prayer from its time intentionally and without a valid legal excuse is a disbeliever.
It is obligatory for the Muslim to preserve the prayer within its time, and to seek help in doing so by having someone from his family or brothers wake him up for it, or by setting an alarm clock for the time of prayer.
He and those like him should not stay up late in a way that causes them to sleep through the Fajr prayer, even if it is for a permissible or recommended matter. How much more so if the staying up is for what is forbidden, such as entertainment or watching what Allah has forbidden on television or elsewhere? May Allah rectify the condition of everyone.
As for you, O questioner, you must help him in this and advise him frequently. If he persists in his ugly action, report his case to the Commission center so that he may be punished as he deserves. You are not obligated to wake him up as long as he persists in his ugly action, since he does not benefit from being woken up and does not take the necessary measures.
We ask Allah for guidance and steadfastness upon the truth for everyone.
Source binbaz.org.sa

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

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