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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on remaining with a husband who does not pray and does not perform the full ritual bath from major ritual impurity

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Question:
The sister: (A. H. N. R.) from Yemen - Ibb, sent a message, and included this question in it, saying: My husband does not perform the full ritual bath from major ritual impurity except after a day or two, and sometimes he sits from the afternoon prayer until the morning of the next day, and at some times he goes to his work.

The Shaykh: Repeat, we ask Allah for well-being, repeat.

The presenter: She says: My husband does not perform the full ritual bath from major ritual impurity except after a day or two, and sometimes he sits from the afternoon prayer until the morning of the next day, and at some times he goes to his work and returns in the evening, then he performs the full ritual bath from the impurity despite the availability of water and time for the bath, and he does not pray, and I constantly advise him to pray and perform the bath, but he does not listen to my words, and this torments me greatly, and I am a praying woman, and I know the matters of my religion.

Answer:
This man appears from his state to be not a believer, and does not know the rulings of the religion, or he knows them and defies them, so it is not permissible for you to remain with him, this man is considered a disbeliever; because he abandoned the prayer intentionally, and did not care about it, and did not care about the bath from major ritual impurity, so this is considered disbelief, and it is not permissible for a Muslim woman to remain with a disbeliever, and Allah says :
they are not lawful [wives] for them, nor are they lawful [husbands] for themلا هُنَّ حِلٌّ لَهُمْ وَلا هُمْ يَحِلُّونَ لَهُنَّ
[Al-Mumtahanah:10] and He said -Exalted and Majestic is He-:
And do not marry polytheistic men [to your women] until they believeوَلا تُنكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا
[Al-Baqarah 2:221]

And what appears from the state of your husband is that along with his abandoning it, he does not believe in it, if he believed in it he would not have done this ugly action; because faith calls him to respect the prayer, and to hasten to it, and to perform the full ritual bath from major ritual impurity, and it is authentic from the Messenger of Allah (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 الصلاة، فمن تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
narrated by Imam Ahmad and the people of the Sunan with a valid chain from Buraydah (may Allah be pleased with him) .
And he said (peace and blessings be upon him):
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.بين الرجل وبين الكفر والشرك ترك الصلاة
narrated by Muslim in the Sahih from the hadith of Jabir (may Allah be pleased with him) , and he did not say: if he denies its obligation, he stated it generally, so that indicates that he is a disbeliever, even if he does not deny the obligation; and when he (peace and blessings be upon him) was asked about the rulers who lag behind the religion, and oppress the people, they asked him: do they revolt against them? He said:
unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allahلا، إلا أن تروا كفرًا بواحًا، عندكم من الله فيه برهان
Sahih al-Bukhari 7055, 7056
for he informed them (peace and blessings be upon him): that in the last of time there will come unjust rulers, you will know them and deny -from their actions- so they asked him: do they revolt against them? do they fight them? He said:
No, as long as they establish prayer among youلا، ما أقاموا فيكم الصلاة، ما صلوا
Sahih Muslim 1855a
and in the other wording:
unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allahإلا أن تروا كفرًا بواحًا، عندكم من الله فيه برهان
Sahih al-Bukhari 7055, 7056
so this indicates that whoever abandons the prayer and does not establish it has committed open disbelief, it is permissible, it is permissible to revolt against him from the rulers of the people of decision and binding, until he is removed from the leadership and the imamate and someone is placed in his position who establishes the imamate.
So the result: that this man whose characteristics you mentioned is a disbeliever if what you said about him is true, and it is not permissible for you to remain with him, but it is obligatory for you to go out to your family, or remain with your children if you have children, and refrain from him, and raise his matter to the legal judge, until he separates you from him, and until the limit of Allah is established against him.
We ask Allah for his guidance, we ask Allah to return him to the right path, yes.

The presenter: Amen, may Allah reward you with good.
Source binbaz.org.sa

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

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