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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on remaining with a husband who does not pray and commits major sins

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This is a message we received from a sender who used the code name "your sister in Allah (S. S)" from al-Qaysumah in the Kingdom. She says in her message: I am a woman in my forties with seven children; three of them Allah the Mighty and Majestic has taken to Himself, and four are alive. She says: My problem is summarized in several questions:
The first is that I have been married for twenty years to a man who does not know prayer or fasting, and he drinks forbidden things like intoxicants and the like, may Allah protect us from that. Whenever I try to get away from him, he tells me that he will repent, but it is only in words. Everyone I complain to about my situation tells me: Be patient for the sake of your children. I have been patient all these years for their sake, and now they have grown up and become men, and they are asking me for that too, saying that the house is their house and the father has no say in it. I am asking you now: Is there a sin on me for sitting with him, or not? And what about my children sitting with him? Please inform us, may Allah reward you.
Answer: There is no doubt that abandoning prayer is disbelief, and there is no doubt that abandoning fasting is among the greatest of sins, and there is no doubt that drinking intoxicants is among the greatest of sins and major sins. This man has gathered various types of wickedness and evil, the greatest of which is abandoning prayer. It is authentically reported 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)
And he (peace and blessings be upon him) said:
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.بين الرجل وبين الكفر والشرك ترك الصلاة
These are two great, authentic hadiths from the Messenger of Allah (peace and blessings be upon him), both of which indicate the disbelief of this man. There is scholarly disagreement on this issue:
Some scholars say: He is not declared a disbeliever unless he does not believe in its obligation, if he denies its obligation. Otherwise, he is a sinner committing a great sin, but he is not declared a disbeliever for that.
And other scholars held the view that he is declared a disbeliever for abandoning prayer, even if he does not deny its obligation. This is the truth and the correct view: that he is declared a disbeliever for abandoning prayer, even if he does not deny its obligation. So what I advise you and urge you to do is to refrain from him, and not to allow him access to yourself until he repents to Allah and returns to prayer. The children are his children due to the doubt that is the doubt of the marriage contract, and the view that he is not declared a disbeliever for this is a doubt. So the children are his children, and there is no doubt that they are his children. But you remain in the house with your children because they are grown up, and you refrain from allowing him to approach you for intercourse or anything else until he repents to Allah and abandons his bad deeds, especially abandoning prayer. If he repents to Allah and prays, there is no harm. And he must repent to Allah also for abandoning fasting and for drinking intoxicants. And his sons must help him in good and advise him, and seek help in this from their good relatives, such as good uncles and good cousins, who help them in advising their father, perhaps Allah will guide him through their efforts. For among the greatest of dutifulness to him is that he is advised and directed to good, perhaps Allah will guide him thereby. And perhaps he will hear these words of mine. And perhaps you will record them when you hear them and read them to him. So we ask Allah the Exalted and Majestic for his guidance. The result is that you must stay away from him and not let him approach you until he repents to Allah for abandoning prayer. If he repents from abandoning prayer, he is your husband. As for drinking intoxicants and abandoning fasting, they are two great sins, but they do not necessitate the invalidity of the marriage according to the scholars, according to the people of the Sunnah and the community. And you, your children, his relatives, and the good among his neighbors must advise him. And he must fear Allah and hasten to repent before his term comes, before his term descends upon him. The evil of intoxicants is great. It is authentically reported from the Messenger of Allah (peace and blessings be upon him):
He cursed the intoxicant, its drinker, its server, its presser, its one who presses it, its carrier, the one to whom it is carried, its seller, its buyer, and the one who eats its price.أنه لعن الخمر وشاربها وساقيها وعاصرها ومعتصرها وحاملها والمحمولة إليه وبائعها ومشتريها وآكل ثمنها
We seek refuge in Allah. And it is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:
An adulterer, at the time he is committing illegal sexual intercourse is not a believer; and a person, at the time of drinking an alcoholic drink is not a believerلا يزني الزاني حين يزني وهو مؤمن، ولا يشرب الخمر حين يشربها وهو مؤمن
Sahih al-Bukhari 5578
This indicates weak faith or the absence of faith. We ask Allah for safety. And he (peace and blessings be upon him) said:
Indeed, there is a covenant with Allah for whoever dies while drinking intoxicants that Allah will make him drink from the mud of the Ditch. It was said: O Messenger of Allah! What is the mud of the Ditch? He said: The juice of the people of the Fire, or he said: The sweat of the people of the Fire.إن عهداً على الله لمن مات وهو يشرب الخمر أن يسقيه الله من طينة الخبال، قيل: يا رسول الله! وما طينة الخبال؟ قال: عصارة أهل النار، أو قال: عرق أهل النار
.
As for abandoning the fasting of Ramadan, it is a great matter; because fasting Ramadan is among the greatest of obligations and among the pillars of Islam. Some scholars held the view that one who intentionally abandons fasting is a disbeliever. It is obligatory for him to repent to Allah, to fast Ramadan, and to maintain prayer. And whoever repents, Allah accepts his repentance. We ask Allah for us, for him, and for all Muslims, success in sincere repentance and guidance to the path of good, and safety from obeying Satan and from the company of bad companions. It is recommended to be advised to avoid the company of bad companions and the association of the wicked; for the association of the wicked often drags one along, harms one greatly, and leads one to the causes of corruption and to the causes of the anger of Allah. So it is obligatory for him to beware of the association of the wicked and to stay away from bad companions, and to repent to Allah for abandoning prayer, for abandoning fasting, and for drinking intoxicants. And he must be upright in the obedience of Allah and His Messenger. And Allah the Exalted and Majestic says:
But indeed, I am the Perpetual Forgiver of whoever repents and believes and does righteousness and then continues in guidance.وَإِنِّي لَغَفَّارٌ لِمَنْ تَابَ وَآمَنَ وَعَمِلَ صَالِحًا ثُمَّ اهْتَدَى
[Ta-Ha:82], and the Prophet (peace and blessings be upon him) says:
The one who repents from sin is like one who did not sin.التائب من الذنب كمن لا ذنب له
Sunan Ibn Majah 4250Da’if (Darussalam)
We ask Allah for us, for you, for him, and for all Muslims, guidance, success, and sincere repentance.
The presenter: May Allah reward you.
Source binbaz.org.sa

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

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