Ruling on one who commits forbidden acts and argues that faith is not deeds

Question:
The first message in this episode is from listener (M. H.) from the Arab Republic of Egypt. Our brother has more than one question. In his first question, he says:
We have a man who drinks beer until he becomes intoxicated, and the beer contains alcohol. We have forbidden him from drinking, but he did not obey and did not turn away from it. For your information, he has a wife and five children. Is his wife divorced from him in this situation?
This man does not pray, but he fasts the month of Ramadan, and he does not pray while fasting. He is forty-five years old. When we discuss this with him, he tells us: "Deeds are by intentions, not by actions." Please inform us, may Allah reward you, and peace be upon you.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
As for this man about whom you are asking, as long as he does not pray, it is obligatory for his wife to abstain from him, and it is obligatory for the one to whom the case is brought to separate them. This is because abandoning prayer is major disbelief in the most correct of the scholars' opinions. It is established in Sahih Muslim from Jabir ibn 'Abdullah (may Allah be pleased with them both) from the Prophet (peace and blessings be upon him) that he said: .
This is a text indicating that if a man abandons prayer, he moves from Islam to disbelief and shirk (associating partners with Allah), and this is apostasy. Allah (Exalted and Majestic is He) says: [al-Baqarah: 221]. And He says regarding the disbelieving women and the disbelieving men: [al-Mumtahanah: 10].
It is also established from the Messenger of Allah that he said: , narrated by Imam Ahmad and the people of the Sunan with a sound chain from Buraydah ibn al-Husayb (may Allah be pleased with him) . And 'Abdullah ibn Shaqiq al-'Aqili, the noble Tabi'i (may Allah have mercy on him) , said: "The Companions of the Prophet (peace and blessings be upon him) did not consider any deed whose abandonment is disbelief except prayer." This indicates that in their view, abandoning prayer is considered disbelief, meaning major disbelief. This is because there are deeds called disbelief, but they are not major disbelief, such as abandoning the attribution to one's father, which is considered disbelief, but it is a lesser disbelief. Similarly, slandering lineage and wailing over the dead; the Prophet (peace and blessings be upon him) said regarding them: . The scholars said: "Disbelief less than disbelief."
There are other deeds to which this term is applied, but regarding prayer, the Prophet (peace and blessings be upon him) said: . The definite article in "disbelief" and "shirk" refers to major disbelief (may Allah keep us safe). And because prayer is the pillar of Islam and the greatest of the pillars after the two testimonies, it is not of the same kind as the other deeds. And because it is established from him (peace and blessings be upon him) that when the Companions asked him about the rulers who would be appointed over them, whom they would know and disapprove of, he said: . In the other wording, he said: . They said: "O Messenger of Allah, should we not fight them?" He said: . In the other wording, he said: . This clarifies that abandoning prayer is considered open disbelief.
Therefore, it is obligatory for the woman whose husband does not pray to abstain from him and not to allow him access to her until he repents to Allah (may He be exalted) . She must demand his separation from her through the court, so that he has no authority over her, unless he repents. If he repents, Allah will accept his repentance. This is the most correct of the scholars' opinions. Some scholars said: "It is not major disbelief if he acknowledges its obligation and believes it is obligatory, but he is lax in it." However, this opinion is weak because it contradicts the scriptural evidence.
As for his drinking of intoxicants, this is one of the major sins, but it does not make him a disbeliever according to the people of the Sunnah and the community, unlike the Khawarij. If a person drinks alcohol or commits some sins such as zina (unlawful sexual intercourse) or dealing in riba (usury or interest), and he does not consider it permissible, but his desires and obedience to Satan overcame him, he is not considered a disbeliever for that, unless he considers zina or alcohol permissible; in that case, he is a disbeliever according to all scholars.
However, the woman also has the right to demand divorce if he is a Muslim but drinks alcohol; this is a defect. She has the right to demand separation because his drinking of alcohol harms her and harms her children, but he is not considered a disbeliever for that according to the people of the Sunnah, unlike the Khawarij.
It is recommended for his relatives and acquaintances to advise him and to fear Allah regarding him. This is what is obligatory for them, because this falls under the category of enjoining good and forbidding evil. It is obligatory for Muslims to enjoin good and forbid evil. The Prophet (peace and blessings be upon him) said: .
Therefore, it is recommended—indeed, obligatory—to rebuke such a person, guide him to good, warn him of the consequences of his actions, namely abandoning prayer and consuming intoxicants, and to present the evidence that indicates the disbelief of one who abandons prayer, and the great danger of drinking alcohol, and that it is one of the great major sins. Perhaps Allah will guide him thereby. It is authentic from the Messenger of Allah (may peace and blessings be upon him) that he said: . This contradicts the perfection of faith, and even if the foundation of faith remains with him and he does not become a disbeliever, it contradicts the obligatory perfection of faith and associates its owner with the sinners and open sinners. And he (may peace and blessings be upon him) said in the authentic hadith: . It was said: "O Messenger of Allah, what is the clay of al-khabal?" He said: or he said: . We ask Allah for safety.
It is established from him (may peace and blessings be upon him) that he cursed ten people regarding alcohol (may peace and blessings be upon him): "Allah cursed alcohol, its drinker, its server, its presser, its presser, its carrier, the one to whom it is carried, its seller, its buyer, and the one who eats its price." All these people are cursed (may Allah keep us safe).
Therefore, it is obligatory for every Muslim to beware of drinking alcohol and to fear Allah, for it is the mother of all evils, and its harm is great for him, his children, his household, his wife, and his companions. Let him beware of being a cause for the destruction of himself and these people. Let him fear Allah and quit drinking it, for its outcome is severe, its harm is great, and its harms are innumerable. We ask Allah for guidance for all Muslims. Yes.

The presenter: O Allah, amen. At the end of his message, Your Eminence the Shaykh, perhaps it has not escaped your attention the man's statement: "Deeds are by intentions, not by actions," which many people repeat?

The Shaykh: This is one of the ugliest errors. His statement: "Deeds are by intentions, not by actions" is a mistake. Yes, deeds are by intentions—as the Prophet (peace and blessings be upon him) said—but actions are also necessary. He (peace and blessings be upon him) said: . Therefore, actions are necessary, but they are built upon intention. Actions require an intention, but it does not mean that intention is sufficient and actions are left behind. Intention alone is not sufficient; action is necessary.
Therefore, it is obligatory for every Muslim to act in obedience to Allah and to leave the sins of Allah. If he intends but does not act according to the law of Allah, he becomes a disbeliever (may Allah keep us safe). Action is necessary. Allah (Exalted and Majestic is He) says: [al-Tawbah: 105]. And when the Prophet (peace and blessings be upon him) was asked: "Which deed is best?" he said: . Therefore, faith is action; faith is necessary. Whoever does not believe in Allah and the Last Day is a disbeliever. Whoever does not believe that prayer is obligatory is a disbeliever. Whoever does not believe that fasting Ramadan is obligatory is a disbeliever. Faith is necessary. Similarly, whoever does not believe that Allah has forbidden zina, forbidden alcohol, forbidden undutifulness to parents, and forbidden lewdness, whoever does not believe in this is a disbeliever.
Therefore, faith is necessary, action is necessary, and intention is necessary.
Similarly, the statement of some people: "Faith is in the heart." When he is told: "Pray," or "Let your beard grow," or "Leave what Allah has forbidden you," he says: "Faith is in the heart." This is a word of truth intended to be used for falsehood. Yes, the foundation of faith is in the heart, but it is also in the limbs. It is in speech and action. Therefore, faith according to the people of the Sunnah is speech, action, and intention, meaning: speech, action, and belief. Therefore, speech is necessary, action is necessary, and belief is necessary.
Therefore, faith in Allah and the Last Day is necessary, and one must believe that Allah is One with no partner, that He is his Lord (Glorified is He), that He is the Creator and the Provider, and that He (Exalted and Majestic is He) is described with the best names and the highest attributes, and that He is worthy of worship. And action is necessary: the sincerity of worship to Allah alone, leaving the worship of anything other than Him, and the utterance of the testimony that there is no god but Allah and that Muhammad is the Messenger of Allah, and the utterance of what Allah has obligated in the prayer, such as recitation, and what Allah has obligated in it.
Just as action is necessary in performing the prayer, paying zakah, fasting Ramadan, performing Hajj to the House, enjoining good, forbidding evil, jihad, and so on.
For this reason, the people of the Sunnah, from the Companions of the Prophet (peace and blessings be upon him) and those after them, have agreed that faith is speech and action, it increases with obedience and decreases with sins. The speech is the speech of the heart and the tongue, and the action is the action of the heart and the limbs.
It is obligatory for this man to be alert, to seek forgiveness from Allah for his sin, to repent to Him, and to hasten to the prayer, performing it with the Muslims at its appointed times, and to stay away from what Allah has forbidden him, such as intoxicants and the like; perhaps he will be saved, perhaps he will attain safety and a good ending. There is no power and no strength except with Allah. Yes.

The presenter: May Allah reward you with good.