One who does not declare the disbeliever a disbeliever is like him
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Question: Is one who abandons prayer excused if he did not know that the punishment for abandoning prayer is major disbelief that takes one out of the religion? And is it a sin for me to maintain ties with my relative who does not pray, or to eat with them? What is the ruling on one who insists on not declaring one who abandons prayer a disbeliever, or on declaring a disbeliever one who commits acts of shirk (associating partners with Allah) such as: (slaughter, vows, seeking aid) and says: "This act is shirk, but it is not permissible to apply the word 'disbelief' specifically to its doer"?
T. R., an Egyptian resident abroad
Answer: The ruling on one who abandons prayer among those of legal age is major disbelief in the most correct of the scholars' opinions, even if he does not believe that to be the case; because the consideration in rulings is based on the evidence of the Shari'ah, not on the belief of the one being judged.
And likewise, one who commits any of the acts that entail disbelief, such as mocking the religion, slaughtering for other than Allah, making vows for other than Allah, calling for aid from the dead and seeking their victory over enemies or healing from illness, and the like, due to the saying of Allah (Glorified and Exalted is He) : [At-Tawbah: 65-66], and His saying (Mighty and Majestic): [Al-An'am: 162-163], and His saying (Mighty and Majestic): [Al-Kawthar: 1-2], and His saying (peace and blessings be upon him) : [Al-Mu'minun: 117].
And it is known that one who calls upon the dead, or seeks their aid, or makes vows for them, or slaughters for them has taken them as gods alongside Allah, even if he did not name them gods. And he (peace and blessings be upon him) said in Surat Fatir: [Fatir: 13-14], so he named their calling upon other than Allah as shirk (associating partners with Allah) with Him (Glorified and Exalted is He), and the verses in this meaning are numerous.
It is authentic from the Messenger of Allah (peace and blessings be upon him) that he said:Sahih Muslim 82b Al-Muslim narrated it in his Sahih from Jabir ibn Abdullah (may Allah be pleased with them both), and he (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam) Imam Ahmad and the people of the Sunan narrated it with a sound chain from Buraydah al-Husayb (may Allah be pleased with him), and the evidence for this from the Book and the Sunnah is abundant. And one who does not declare the disbeliever a disbeliever is like him, if the argument is established against him and the proof is made clear to him, and he insists on not declaring disbelief, just as one who does not declare the Jews or the Christians or the communists or the like of those whom he has declared disbelievers a disbeliever. This does not confuse one who has the slightest insight and knowledge.
It is not permissible for a Muslim to take one who abandons prayer or commits any of the types of disbelief as a friend, nor to accept his invitation, nor to invite him to his home. Rather, it is obligatory to boycott him along with advice and calling him to the truth until he repents to Allah (Glorified and Exalted is He) from the disbelief he is upon, except if the Shari'ah interest calls for not boycotting him, so that he can call him and follow up with him, perhaps he will respond to the truth and leave the falsehood he is upon, without taking him as a friend or companion. And the Prophet (peace and blessings be upon him) left boycotting Abdullah ibn Abi, the head of the hypocrites, for the sake of the general interest, and he boycotted the three who lagged behind the expedition to Tabuk without an excuse, because there was no reason necessitating not boycotting them.
So it is obligatory upon the rulers and upon the scholars and callers to Allah (Glorified and Exalted is He) to consider in these matters what the Shari'ah principles and the general interest of the one being called and of the Muslims require, and success is from Allah.
T. R., an Egyptian resident abroad
Answer: The ruling on one who abandons prayer among those of legal age is major disbelief in the most correct of the scholars' opinions, even if he does not believe that to be the case; because the consideration in rulings is based on the evidence of the Shari'ah, not on the belief of the one being judged.
And likewise, one who commits any of the acts that entail disbelief, such as mocking the religion, slaughtering for other than Allah, making vows for other than Allah, calling for aid from the dead and seeking their victory over enemies or healing from illness, and the like, due to the saying of Allah (Glorified and Exalted is He) :
(65) And if you ask them, they will surely say, "We were only conversing and playing." Say, "Is it Allah and His verses and His Messenger that you were mocking?" (66) Make no excuse; you have disbelieved after your belief. If We pardon one faction of you - We will punish another faction because they were criminals.
قُلْ أَبِاللَّهِ وَآيَاتِهِ وَرَسُولِهِ كُنْتُمْ تَسْتَهْزِئُونَ لا تَعْتَذِرُوا قَدْ كَفَرْتُمْ بَعْدَ إِيمَانِكُمْ(162) Say, "Indeed, my prayer, my rites of sacrifice, my living and my dying are for Allah, Lord of the worlds. (163) No partner has He. And this I have been commanded, and I am the first [among you] of the Muslims."
قُلْ إِنَّ صَلاتِي وَنُسُكِي وَمَحْيَايَ وَمَمَاتِي لِلَّهِ رَبِّ الْعَالَمِينَ لا شَرِيكَ لَهُ وَبِذَلِكَ أُمِرْتُ وَأَنَا أَوَّلُ الْمُسْلِمِينَ(1) Indeed, We have granted you, [O Muhammad], al-Kawthar. (2) So pray to your Lord and sacrifice [to Him alone].
إِنَّا أَعْطَيْنَاكَ الْكَوْثَرَ فَصَلِّ لِرَبِّكَ وَانْحَرْAnd whoever invokes besides Allah another deity for which he has no proof - then his account is only with his Lord. Indeed, the disbelievers will not succeed.
وَمَنْ يَدْعُ مَعَ اللَّهِ إِلَهًا آخَرَ لا بُرْهَانَ لَهُ بِهِ فَإِنَّمَا حِسَابُهُ عِنْدَ رَبِّهِ إِنَّهُ لا يُفْلِحُ الْكَافِرُونَAnd it is known that one who calls upon the dead, or seeks their aid, or makes vows for them, or slaughters for them has taken them as gods alongside Allah, even if he did not name them gods. And he (peace and blessings be upon him) said in Surat Fatir:
That is Allah, your Lord; to Him belongs sovereignty. And those whom you invoke other than Him do not possess [as much as] the membrane of a date seed. (14) If you invoke them, they do not hear your supplication; and if they heard, they would not respond to you. And on the Day of Resurrection they will deny your association. And none can inform you like [one] Acquainted [with all matters].
ذَلِكُمُ اللَّهُ رَبُّكُمْ لَهُ الْمُلْكُ وَالَّذِينَ تَدْعُونَ مِنْ دُونِهِ مَا يَمْلِكُونَ مِنْ قِطْمِيرٍ إِنْ تَدْعُوهُمْ لا يَسْمَعُوا دُعَاءَكُمْ وَلَوْ سَمِعُوا مَا اسْتَجَابُوا لَكُمْ وَيَوْمَ الْقِيَامَةِ يَكْفُرُونَ بِشِرْكِكُمْ وَلا يُنَبِّئُكَ مِثْلُ خَبِيرٍIt is authentic from the Messenger of Allah (peace and blessings be upon him) that he said:
Between man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةThe 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 كفرIt is not permissible for a Muslim to take one who abandons prayer or commits any of the types of disbelief as a friend, nor to accept his invitation, nor to invite him to his home. Rather, it is obligatory to boycott him along with advice and calling him to the truth until he repents to Allah (Glorified and Exalted is He) from the disbelief he is upon, except if the Shari'ah interest calls for not boycotting him, so that he can call him and follow up with him, perhaps he will respond to the truth and leave the falsehood he is upon, without taking him as a friend or companion. And the Prophet (peace and blessings be upon him) left boycotting Abdullah ibn Abi, the head of the hypocrites, for the sake of the general interest, and he boycotted the three who lagged behind the expedition to Tabuk without an excuse, because there was no reason necessitating not boycotting them.
So it is obligatory upon the rulers and upon the scholars and callers to Allah (Glorified and Exalted is He) to consider in these matters what the Shari'ah principles and the general interest of the one being called and of the Muslims require, and success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.