The ruling on an elderly man remaining with a woman who does not pray
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Question:
A message from Mersa Matruh, Egypt, sent by one of the listening brothers, 'Abd al-Basit al-'Amiri. The brother 'Abd al-Basit has a case in which he says: We have an elderly man who is ninety years old, and he has a wife who does not pray. He has ordered her to pray, but she refused, so he boycotted her. She prayed for a while, meaning some days, and then stopped. So he gave her a daily wage, meaning some money, and then she stopped. He said to her: "I am innocent of you on the Day of Reckoning, and I leave the matter to Allah." I told him: "Divorce her." He said: "I cannot. I have had many children from her, and I am an elderly man who cannot marry again. I have no one to prepare my food and take care of my duties and the duties of my house." So, is this man allowed to remain with this woman given the situation described, or should you direct him to something else? Knowing that he is one of the lovers of this program? May Allah reward you with good.
Answer:
The correct opinion of the scholars in this issue is that one who abandons prayer intentionally becomes a disbeliever with major shirk (associating partners with Allah). So this woman is considered a disbeliever with major shirk. And by her exiting the waiting period after her disbelief, she is no longer his wife. However, there is no harm in her serving him and serving his offspring, his children. He must order her to observe hijab (the covering prescribed for women) and to lower her gaze from him, and he must not be alone with her. There is no blame on her remaining to serve his children, and he spends on her for the sake of serving his children and his sons, along with supplicating for her guidance and advising her, perhaps Allah will guide her and she will return to the right path. Likewise, her family advises her, perhaps Allah will guide her through their means.
In any case, he considers her a servant, not a wife. He does not be alone with her, nor does he look at her, and he orders her to observe hijab from him, until Allah guides her and returns her to the right path. If He guides her and she returns to the right path, then she is his wife. Yes.
The presenter: May Allah reward you with good. So, given the situation described, his position must be firm?
The Shaykh: This is what is obligatory upon him. The scholars differed: does she return to him with a new marriage contract, or does she not return with a new marriage contract? Because he did not divorce her, and she remains in a state of suspension until Allah guides her, at which point she returns to him.
The correct view is that as long as she is in this state, and she does not desire marriage with another, and he has not divorced her, whenever she returns and Allah guides her, she is his wife. Yes.
The presenter: May Allah reward you with good.
A message from Mersa Matruh, Egypt, sent by one of the listening brothers, 'Abd al-Basit al-'Amiri. The brother 'Abd al-Basit has a case in which he says: We have an elderly man who is ninety years old, and he has a wife who does not pray. He has ordered her to pray, but she refused, so he boycotted her. She prayed for a while, meaning some days, and then stopped. So he gave her a daily wage, meaning some money, and then she stopped. He said to her: "I am innocent of you on the Day of Reckoning, and I leave the matter to Allah." I told him: "Divorce her." He said: "I cannot. I have had many children from her, and I am an elderly man who cannot marry again. I have no one to prepare my food and take care of my duties and the duties of my house." So, is this man allowed to remain with this woman given the situation described, or should you direct him to something else? Knowing that he is one of the lovers of this program? May Allah reward you with good.
Answer:
The correct opinion of the scholars in this issue is that one who abandons prayer intentionally becomes a disbeliever with major shirk (associating partners with Allah). So this woman is considered a disbeliever with major shirk. And by her exiting the waiting period after her disbelief, she is no longer his wife. However, there is no harm in her serving him and serving his offspring, his children. He must order her to observe hijab (the covering prescribed for women) and to lower her gaze from him, and he must not be alone with her. There is no blame on her remaining to serve his children, and he spends on her for the sake of serving his children and his sons, along with supplicating for her guidance and advising her, perhaps Allah will guide her and she will return to the right path. Likewise, her family advises her, perhaps Allah will guide her through their means.
In any case, he considers her a servant, not a wife. He does not be alone with her, nor does he look at her, and he orders her to observe hijab from him, until Allah guides her and returns her to the right path. If He guides her and she returns to the right path, then she is his wife. Yes.
The presenter: May Allah reward you with good. So, given the situation described, his position must be firm?
The Shaykh: This is what is obligatory upon him. The scholars differed: does she return to him with a new marriage contract, or does she not return with a new marriage contract? Because he did not divorce her, and she remains in a state of suspension until Allah guides her, at which point she returns to him.
The correct view is that as long as she is in this state, and she does not desire marriage with another, and he has not divorced her, whenever she returns and Allah guides her, she is his wife. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.