Rule of the neglector of prayer

In the name of Allah the Most Gracious the Most Merciful

All Praise is due to Allah. We praise Him, seek help from Him, ask forgiveness from Him and repent to Him; and we seek refuge in Him from our own evils and our own bad deeds. Verily, who is guided by Allah is indeed guided; and who has been left astray will find no one to guide him. I bear witness that there is no God except Allah, the Only One, without any partner; and I bear witness that Muhammad is His servant and His messenger, prayers and peace of Allah be upon him and his family and companions and whoever followed their path till Day of Reckoning.

• Nowadays, many Muslims neglected prayer till some of them abandoned it totally out of negligence. Since this is one of the grave issues that people are afflicted with in the present time, and nation's scholars and imams differed about it in the present and past times, I decided to write what is possible to me.

This message is summed in two chapters:

• The first chapter: Rule of the neglector of prayer.
• The second chapter: Consequences of apostasy because of neglecting prayer or any other (obligatory) deed.
We ask Allah Almighty to make us in the right path.

The first chapter
Rule of the neglector of prayer

• This issue is one of the great issues researched juristically. Scholars differed about this issue in the present and past times; Imam Ahmad Ibn Hanbal said: "The neglector of prayer is an infidel, infidelity gets him out of religion; he must be killed if he did not repent and pray." On the other hand, Abu Hanifa, Malik and Ash-Shaf'i said: "He is disobedient but not infidel", then they differed. Malik and Ash-Shaf'i said: "He must be killed as punishment (to his negligence)", and Abu Hanifa said: "He should be reprehended and should not be killed."

• As long as there is dispute about this issue, it must be referred to the Book of Allah Almighty and the Sunnah of His Messenger (prayers and peace of Allah be upon him), because of the saying of Allah almighty: {And in whatsoever you differ, the decision thereof is with Allâh (He is the ruling Judge)} [Surat Ash-Shura 42:10],

Transliteration: Wama ikhtalaftum feehi min shayin fahukmuhu ila Allahi

And His saying: {O you who believe! Obey Allâh and obey the Messenger (Muhammad prayers and peace of Allah be upon him), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (prayers and peace of Allah be upon him), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination} [Surat An-Nisa 4:59]

Transliteration: Ya ayyuha allatheena amanoo ateeAAoo Allaha waateeAAoo alrrasoola waolee alamri minkum fain tanazaAAtum fee shayin faruddoohu ila Allahi waalrrasooli in kuntum tuminoona biAllahi waalyawmi alakhiri thalika khayrun waahsanu taweelan

And because each holder of an opinion cannot make his saying a proof against the others, because each one sees himself as the holder of the right opinion, and none of their opinions could be given priority over the others; it became necessary to seek an arbitrator, which is the Book of Allah Almighty and the Sunnah of His Messenger (prayers and peace of Allah be upon him). And if we referred this dispute to the Book and Sunnah, we would discover that both Book and Sunnah indicate the infidelity of the neglector of prayer, greater infidelity that takes out of religion.

First: Evidences from the Book

• Allah Almighty said in Surat At-Taubah: {But if they repent, perform As-Salât, (Iqâmat-as-Salât) and give Zakât, then they are your brethren in religion} [Surat At-Tawba 9:11],

Transliteration: Fain taboo waaqamoo alssalata waatawoo alzzakata faikhwanukum fee alddeeni

and He said in Surat Maryam: {Then, there has succeeded them a posterity who have given up As-Salât (the prayers) [i.e. made their Salât (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times] and have followed lusts. So they will be thrown in Hell. (59) Except those who repent and believe (in the Oneness of Allâh and His Messenger Muhammad prayers and peace of Allah be upon him), and work righteousness. Such will enter Paradise and they will not be wronged in aught} [Surat Maryam 19:59-60]

Transliteration: Fakhalafa min baAAdihim khalfun adaAAoo alssalata waittabaAAoo alshshahawati fasawfa yalqawna ghayyan (59) Illa man taba waamana waAAamila salihan faolaika yadkhuloona aljannata wala yuthlamoona shayan

• The evidence in the second verse (the verse of Surat Maryam) is the saying of Allah about the people who gave up prayer and followed lusts {Except those who repent and believe (in the Oneness of Allâh and His Messenger Muhammad prayers and peace of Allah be upon him)} and this means that they were not believers during their giving up prayer and following lusts.

• The evidence in the first verse (the verse of Surat At-Taubah) is that Allah Almighty put three conditions for establishing brotherhood between us and the polytheists:
· To repent.
· To perform prayer.
· To give Zakat.

• If they repented, but did not perform prayer and give Zakat; they are not brothers for us. And if they performed prayer, but did not give Zakat; they are not brothers for us. Actually, brotherhood in religion would not be nullified unless the person is totally out religion; it is not nullified by disobedient or lesser infidelity.

• Don't you consider the saying of Allah Almighty in the verse of Al-Qisâs in case of murder:{But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood-money, then adhering to it with fairness and payment of the blood-money to the heir should be made in fairness} [Surat Al-Baqarah 2:178];

Transliteration: faman AAufiya lahu min akheehi shayon faittibaAAun bialmaAAroofi waadaon ilayhi biihsanin

Allah made the murderer, brother to the killed person, although killing on purpose is one of the gravest sins. Allah Almighty says: {And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allâh are upon him, and a great punishment is prepared for him} [Surat An-Nisa 4:93]

Transliteration: Waman yaqtul muminan mutaAAammidan fajazaohu jahannamu khalidan feeha waghadiba Allahu AAalayhi walaAAanahu waaAAadda lahu AAathaban AAatheeman

And do not you consider the saying of Allah Almighty about the two parties of believers who fall to fighting: {And if two parties or groups among the believers fall to fighting, then make peace between them both} till He says: {The believers are nothing else than brothers (in Islâmic religion). So make reconciliation between your brothers} [Surat Al-Hujurat 49:9-10]

Transliteration: Wain taifatani mina almumineena iqtataloo faaslihoo baynahuma … Innama almuminoona ikhwatun faaslihoo bayna akhawaykum

Allah Almighty declared brotherhood between the party that makes peace and the two parties who fall to fighting, although fighting the believer is infidelity as it is mentioned in the authentic Hadeeth that is reported by Al-Bukhari and others on the authority of Ibn Mas'ud (may Allah be pleased with him) that the Prophet (prayers and peace of Allah be upon him) said: "Cursing Muslim is disobedience and fighting him is infidelity"

However, it is not that kind infidelity that gets the Muslim out of religion, because if it was infidelity that gets him out of the religion, he would no longer be brother in religion, and the Qur'anic verse proofed the existence of religious brotherhood even with fighting.

Therefore, it became known that neglecting prayer is infidelity that gets the person out of the religion; because if it was just disobedience or lesser infidelity, brotherhood in religion would not be nullified because of it, as it is not nullified because of fighting the believer.

If someone said: "Do you see that the person who neglects giving Zakat is infidel as it is understood from the verse of Surat At-Tawbah?"

We would say: "Some scholars declared the infidelity of the person who neglects giving Zakat, and it is one of two narrations on the authority of Imam Ahmed (may Allah Almighty mercy him). However, our opinion is that he is not an infidel, but he should be punished severe punishment mentioned by Allah Almighty in His Book and mentioned by the Prophet (prayers and peace of Allah be upon him) in his Sunnah. And among the sayings of the prophet, in this regard, is the Hadeeth that is narrated on the authority of Abu Hurayra (may Allah be pleased with him) in which the prophet (prayers and peace of Allah be upon him) mentioned the punishment of the neglector of giving Zakat and said at its end: "He would then see his path, leading either to Paradise or to Hell",

And it is reported completely by Muslim in chapter of 'sin of one who does not pay Zakat'. [1]

The previous proves that he is not an infidel, because if he was infidel, he would have no path to Paradise. Then the words of this Hadeeth should be given priority over the meaning that is understood from the verse of Surat At-Taubah, because the text has priority over what is understood, as it is known in Usul Al-Fiqh.

Second: Evidences from the Sunnah

1- The Prophet (prayers and peace of Allah be upon him) said: "Between man, polytheism and infidelity is neglecting prayer" [Reported by Muslim in the book of faith on the authority of Jabir Ibn Abdullah on the authority of the Prophet, prayers and peace of Allah be upon him]

2- And it is narrated on the authority of Buraydah Ibn Al-Husaib (may Allah be pleased with him) that he heard the Messenger of Allah (prayers and peace of Allah be upon him) says: "The covenant that is between us and them (i.e. the infidel people) is (observing) prayer; therefore, whoever neglects it turns to be infidel" [Reported by Ahmad, Abu Dawud, At-Tirmizy, An-Nisaey and Ibn Maja, authentic]

The infidelity that is mentioned here is the infidelity which gets the person out of the religion, because the Prophet (prayers and peace of Allah be upon him) made prayer distinction between the believers and infidels, and it is known that infidelity is contrary to Islam; therefore, whoever does not adhere to this covenant is infidel.

3- And it is reported in Sahih Muslim on the authority of Umm Salamah (may Allah be pleased with her) that the Prophet (prayers and peace of Allah be upon him) said: "In the near future there will be rulers and you will be aware of their good deeds and their bad deeds. One who sees through their bad deeds (and tries to prevent their repetition by his band or through his speech), is absolved from blame, but one who hates their bad deeds (in the heart of his heart, being unable to prevent their recurrence by his hand or his tongue), is (also) safe (so far as God's wrath is concerned). But one who approves of their bad deeds and imitates them is spiritually ruined." People asked: "Shouldn't we fight against them?" He replied: "No, as long as they observe prayers."

4- Also, it is reported in Sahih Muslim on the authority of 'Auf Ibn Malik (may Allah be pleased with him) that the Prophet (prayers and peace of Allah be upon him) said: "The best of your rulers are those whom you love and who love you, who invoke God's blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you." It was asked (by those present): "O Messenger of Allah, shouldn't we overthrow them with the help of the sword?" He replied: "No, as long as they establish prayer among you."

• In the last two Ahadeeth there is a proof for overthrowing the rulers and fighting them with the sword if they did not establish prayer, and it is not allowed to overthrow the rulers or fight them unless they commit what is clear infidelity, because Ubadah Ibn As-Samit (may Allah be pleased with him) said: "The Messenger of Allah (prayers and peace of Allah be upon him) called us and we took the oath of allegiance to him. Among the injunctions he made Ibnding upon us was: Listening and obedience (to the ruler) in our pleasure and displeasure, in our adversity and prosperity, even when somebody is given preference over us, and without disputing the delegation of powers to a man duly invested with them (Obedience shall be accorded to him in all circumstances) except when you have clear signs of his disbelief in (or disobedience to) God-signs that could be used as a conscientious justification (for non-compliance with his orders)" [Agreed upon]

Thereupon, when the rulers neglect prayer, which the Prophet (prayers and peace of Allah be upon him) suspended overthrowing and fighting them with the sword because of it, they turn to be clear infidels we have God-signs could be adhered to for fighting them.

• Moreover, it is not mentioned in the Sunnah that the neglector of prayer is not infidel or that he is believer. What is mentioned in this concern are texts refer to the merits and rewards of monotheism (i.e. bearing witness that there is no God except Allah, and that Muhammad is the Messenger of Allah); such texts are either restricted with restrictions in the same text prevent neglecting prayer or restricted with special situations provide excuses for not praying; or they are general texts could be seen as evidences for the infidelity of whoever neglects prayer, because the evidences of the infidelity of the neglector of prayer are special evidences, and the special evidences have priority over the general evidences.

• If someone said: "Could not the texts that refer to the infidelity of the neglector of prayer be about the one who neglects it for not believing that it is obligation?!" We would say: "This is not allowed because it contains two contraventions:

The first: Neglecting the description that is described by the legislator and upon which the ruling is suspended

• The legislator suspended the ruling on neglecting not on believing in the obligation; moreover, it made brotherhood in religion result of performing prayer not believing in its being obligation. Allah Almighty did not say: "But if they repent and believed in the obligation of prayer", and the Prophet (prayers and peace of Allah be upon him) did not say: "Between man, polytheism and infidelity is denying the obligation of prayer", or say: "The covenant that is between us and them is declaring the obligation of prayer; therefore, whoever denies it turns to be infidel"; if this was what is meant by the saying of Allah Almighty and His Messenger, saying other than that would be contrary to the exposition that Quran came with. Allah Almighty says: {And We have sent down to you the Book (the Qur'an) as an exposition of everything} [Surat An-Nahl 16:89],

Transliteration: wanazzalna AAalayka alkitaba tibyanan likulli shayin

And He almighty addressed His Prophet by saying: {And We have also sent down unto you (O Muhammad prayers and peace of Allah be upon him) the Dhikr [reminder and the advice (i.e. the Qur'ân)], that you may explain clearly to men what is sent down to them} [Surat An-Nahl 16:44]

Transliteration: waanzalna ilayka alththikra litubayyina lilnnasi ma nuzzila ilayhim

The second: Putting a description the legislator did not suspend the rule upon it

• Denying the obligation of performing the five prayers makes the person (who is not excused because of ignorance) infidel, whether he performed or did not perform prayer. If a person performed the five prayers completely (i.e. by doing all their requirements and obligatory and desirable acts) while not believing in their being obligation (without an excuse), he would be infidel, although he did not neglect prayer.

• Therefore, it became clear that understanding these texts as indicators to neglecting prayer because of denying its obligation is not correct. The authentic saying is that whoever neglects prayer is infidel, such infidelity gets him out of the religion, as it is reported frankly by Al-Monzery on the authority of Ubadah Ibn As-Samit (may Allah be pleased with him) that he said: "the Messenger of Allah (prayers and peace of Allah be upon him) recommended us seven qualities, he said: 'associate no partner with Allah even if you were cut, burned or crossed, and do not deliberately neglect prayer, because whoever neglects it deliberately is out of the religion.'" [Al Monzery said: It is narrated by two good chains of transmission]

• Moreover, if we considered that these texts are talking about denying the obligation of prayer, there will be no use for mentioning prayer in specific; because this is a general rule applies to denying the obligation of Zakat, fasting and Hajj_ whoever denies one of these obligations is infidel as long as he is not excused with ignorance. Moreover, the infidelity of the neglector of prayer is not result to the written evidence only; rather it is also result to the logical evidence.

• How could a person have faith while neglecting prayer which is the pillar of religion and which there are texts encourage each sane believer to hurry to performing it?! Also, there is threat for neglecting it makes every sane believer aware of neglecting it. Thereupon, neglecting prayer after that does not leave the neglector with any faith.

• If someone said: Is it not possible that the infidelity of the neglector of prayer is ungratefulness, not infidelity that gets him out religion? Is not possible that this infidelity is lesser infidelity that differs than the greater infidelity?! Then it would be like the saying of the Prophet (prayers and peace of Allah be upon him): "Two things people do although they are of infidelity; defamation and crying upon the deceased",

And his saying: "Cursing a Muslim is disobedience and fighting him is infidelity" [Narrated by Al-Bukhari], and the like sayings.

We would say: This is not correct for reasons:
First: The Prophet (prayers and peace of Allah be upon him) made prayer divider between infidelity and faith, and between the believers and infidels. The divider distinguishes between the two parties and does not allow any of them to mix with the other one.

Second: Prayer is one of the pillars of Islam; therefore, describing its neglector with infidelity means that it is the infidelity that gets the person out of the folds of Islam; because whoever neglects it had demolished one of the pillars of Islam, and this is not like describing whoever committed an act of infidelity with infidelity.

Third: There are other texts referred to the infidelity of the neglector of prayer as infidelity gets him out of religion. Therefore, the other texts should be understood in the same way to have compatibility between the texts.

• Sheikh Al-Islam, Ibn Taymiyah commented in his book (Iqtidaa' As-Sirat Al-Mustaqim) at the saying of the Prophet (prayers and peace of Allah be upon him): "There are two things people do although they are infidelity" by saying: "He meant by saying (they are of infidelity) the two things; however, not every act of infidelity turns its doer to be infidel, an infidelity that gets him out of the religion, just as not doing any act of belief turns the person to be believer."

• Therefore, as long as it is proven that the neglector of prayer, without excuse, is infidel, an infidelity that gets him out of the religion, according to the above mentioned evidences; the authentic opinion is the opinion of Imam Ahmad Ibn Hanbal, which is also one of the two opinions which are narrated about Ash-Shaf'i, according to the saying of Ibn Kathir in explaining the meaning of the saying of Allah Almighty: {Then, there has succeeded them a posterity who have given up As-Salât (the prayers) [i.e. made their Salât (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times] and have followed lusts} [Surat Maryam 19:59]

Transliteration: Fakhalafa min baAAdihim khalfun adaAAoo alssalata waittabaAAoo alshshahawati

And Ibn Al-Qayim mentioned in the book of prayer that it is one of the two opinions of the Shafi'i School and that it is reported by At-Tahawy on the authority of Ash-Shaf'i himself.

In addition to that, the majority of the companions hold that opinion; rather some scholars reported that there was consensus between the companions upon this opinion.

• Abdullah Ibn Shaqiq said: "The companions of the Prophet (prayers and peace of Allah be upon him) did not see a deed being neglected turns the believer to an infidel except prayer" [Reported by At-Tirmidhi and authenticated by Al-Albani]

• Ishaq Ibn Rahawih, the well-known imam, said: "It is narrated on the authority of the Prophet (prayers and peace of Allah be upon him) that the neglector of prayer is infidel, and people of knowledge, from the time of the Prophet (prayers and peace of Allah be upon him) till our present day, also saw that the neglector of prayer deliberately with no reason till the end of its time is infidel."

• Ibn Hazm mentioned that this was the opinion of Omar, Abdurrahman Ibn 'Auf, Mu'ath Ibn Jabal, Abu Hurayra and other companions, and he said: "And we know none of the companions disagreed with those". This is reported by Al-Munthiry (in At-Targhib Wa At-Tarhib), and he added, from among the companions; Abdullah Ibn Mas'ud, Abdullah Ibn Abbas, Jabir Ibn Abdullah and Abu Ad-Darda (may Allah be pleased with them), and he added also, from among the scholars; Ahmed Ibn Hanbal, Ishaq Ibn Rahawih, Abdullah Ibn Al-Mubarak, An-Nakhey, Al-Hakam Ibn Utaybah, Ayub As-Sikhtiany, Abu Dawud At-Tayalisy, Abu Bakr Ibn Abu Shaibah, Zuhair Ibn Harb and others."

• If someone said: "What are the refutations of the evidences of those who see that the neglector of prayer is not infidel?

We would say: "Their evidences do not say that the neglector of prayer would not be infidel or that he is believer or that he will not enter Hell or that he is in Paradise …etc. On the other hand, whoever considers these evidences would find that they fall under one of five segments all of them do not repute the evidences of who said that he is infidel.

The first segment: Weak Ahadeeth (i.e. unauthentic Ahadeeth) whoever mentioned them tried to cling to it but in vain.

The second segment: What does not relate to the issue; like those who draw a conclusion from the saying of Allah Almighty: {Verily, Allâh forgives not that partners should be set up with Him (in worship), but He forgives except that to whom He wills} [Surat An-Nisa 4:48]

Transliteration: Inna Allaha la yaghfiru an yushraka bihi wayaghfiru ma doona thalika liman yashao

Actually, His saying: {except that} means 'what is less than that, and does not mean 'anything else', because whoever denies the saying of Allah and His Messenger is infidel, an infidelity that would not be forgiven although it is not setting up partners with Allah. And on the assumption that {except that} means 'anything else'; it would be general text restricted by the texts that indicate infidelity because of things other than setting up partners with Allah and the infidelity that gets the person out of religion for doing a sin would not be forgiven although it is not setting up partners with Allah.

The third segment: General texts are restricted with the Ahadeeth that declare infidelity of whoever neglects prayer; this is like the saying of the Prophet (prayers and peace of Allah be upon him) in the Hadeeth that is narrated on the authority of Mu'ath Ibn Jabal: "There is no servant that bears witness that there is no God except Allah and that Muhammad is His servant and His Messenger but Allah makes him unlawful to Hell." [Narrated by Muslim]

This Hadeeth had been narrated by similar words on the authority of Abu Hurayra, Ubadah Ibn As-Samit and Itban Ibn Malik (may Allah be pleased with them).

The fourth segment: General texts are restricted with what cannot be done in case of neglecting prayer. This is like the saying of the Prophet (prayers and peace of Allah be upon him) in the Hadeeth that is narrated on the authority of 'Itban Ibn Malik: "Verily Allah has forbidden the Fire for one who says 'there is no God except Allah' thereby seeking Allah's pleasure" [Reported by Al-Bukhari],

and the saying of the Prophet (prayers and peace of Allah be upon him) in the Hadeeth that is narrated on the authority of Muadh Ibn Jabal: "There is no servant bears witness that there is no God except Allah and that Muhammad is His Messenger, sincerely from his heart, but Allah makes him unlawful to Hell" [Reported by Al-Bukhari]

• Actually, restricting observance of prayer by bearing witness of monotheism with sincerity prevents from neglecting prayer, because when anybody says it sincerely, his sincerity would certainly lead him to performing prayer. Prayer is the pillar of Islam and the connection that is between the servant and his Lord; and if he was sincere in seeking Allah's pleasure, he must surly do whatever enables him to gain that and avoid whatever prevents him from this purpose. Also, whoever sincerely bears witness that there is no God except Allah and that Muhammad is the Messenger of Allah, this sincerity must lead him to performing prayer sincerely for the sake of Allah Almighty and for obeying the Messenger of Allah (prayers and peace of Allah be upon him), because this is one of the requirements of this sincere witness.

The fifth segment: Texts are restricted with situations that give excuse for not performing prayer; this is like the Hadeeth that is reported by Ibn Majah on the authority of Hudhaifa Ibn Al-Yaman that the Messenger of Allah (prayers and peace of Allah be upon him) said: "Islam will disappear gradually as the embroidery of clothes disappears …" till he said: "and there will remain people, like the old and aged persons, say: we found our fathers say the word of 'there is no God except Allah' La Illaha Ila Allah thereupon we say it." Silah said: "What would 'there is no God except Allah' do for them while they do not know prayer, fast, Hajj or charity?" thereupon Hudhaifa turned away his face from him, but Silah repeated his saying three times and Hudhaifa continued turning away his face from him; when it was the third time, Hudhaifa said: "O Silah, it saves them from Hell" three times. [Authenticated by Al-Albani]

• Those who had been saved from Hell by 'La Illaha Ila Allah' had an excuse for not performing the obligations of Islam; because they knew nothing about them and what they did is their best. They are like those who died before having the obligations of religion enjoined or before having ability to perform them; this is like the person who dies after bearing witness of faith before having time to perform the obligations of Islam, or the person who converted to Islam during his stay in country of infidels and then died before knowing about the obligations of Islam.

• The final word is that the evidences of those who see that the neglector of prayer is not infidel do not stand in face of the evidences of those who see that he is infidel, because the evidences of the first are either weak (not clear) or not proof or restricted with situations give excuse for not performing prayer or general texts others made exceptions to declare his infidelity!

• As long as it became clear (by the sound strong evidence that cannot be refuted) that he is infidel; it became necessary to apply the rules of infidelity and apostasy upon him as natural consequence, because the rule stands with its reason.

The second chapter
Consequences of apostasy because of neglecting prayer or any other (obligatory) deed

• There are rules relate to the worldly life and others relate to hereafter occurs as consequences to apostasy.

First: among the rules that relate to the worldly life:

1- Lapse of guardianship: He could not be given guardianship in something is for Muslims only; thereupon, he cannot have guardianship over his young children (or the children of others) or hold the marriage of his daughters (or the daughters of others).

· Our jurists (may Allah Almighty have mercy on them) had cleared in their digested and lengthened books that the guardian must be Muslim as long as he hold the marriage of Muslim woman, and they said: "There is no guardianship for infidel man over Muslim woman." Also, Ibn 'Abbas (may Allah be pleased with him and his father too) said: "There is no marriage without reasonable guardian, and the highest and supreme of reason is Islam while the lowest and most foolish is infidelity and apostasy; Allah almighty says: {And who turns away from the religion of Ibrâhîm (Abraham) (i.e. Islâmic Monotheism) except him who befools himself?} [Surat Al-Baqarah 2:130]

Transliteration: Waman yarghabu AAan millati ibraheema illa man safiha nafsahu

2- Not having the right of inheriting his relatives: Because the infidel does not inherit the Muslim and the Muslim does not inherit the infidel; it is narrated on the authority of Osama Ibn Zaid (may Allah be pleased with him and his father too) that the Prophet (prayers and peace of Allah be upon him) said: "The Muslim does not inherit the infidel nor the infidel inherits the Muslim" [Reported by Al-Bukhari and Muslim and others]

3- Preventing him from entering Mecca and its sacred house: Allah Almighty says: {O you who believe (in Allâh's Oneness and in His Messenger Muhammad prayers and peace of Allah be upon him)! Verily, the Mushrikûn (polytheists, pagans, idolaters, disbelievers in the Oneness of Allâh, and in the Message of Muhammad prayers and peace of Allah be upon him) are Najasun (impure). So let them not come near Al-Masjidal-Harâm (at Mecca) after this year} [Surat At-Tawba 9:28]

Transliteration: Ya ayyuha allatheena amanoo innama almushrikoona najasun fala yaqraboo almasjida alharama baAAda AAamihim hatha

4- Making the animals of cattle that are slaughtered by him unlawful: This is applied upon camels, cows and sheep and the other beasts that cannot be lawful without lawful slaughtering. Among the requirements of lawful slaughtering is that the slaughter should be Muslim or Jewish or Christian; the animal that is slaughtered by apostate, polytheist, Magus and others is not lawful.

· Al-Khazin said in his Tafsir: "They held consensus upon the prohibition of having the slaughtered animals of the Magus and all polytheists, whether they are Arab polytheists, pagans or people do not believe in a Book."

· Imam Ahmad said: "I know nobody saying other than this unless he is among those who make new creations in religion."

5- Prohibition of performing prayer upon him after his death and prohibition of asking forgiveness and mercy for him: Allah almighty says: {And never (O Muhammad prayers and peace of Allah be upon him) pray (funeral prayer) for any of them (hypocrites) who dies, nor stand at his grave. Certainly they disbelieved in Allâh and His Messenger, and died while they were Fâsiqûn (rebellious, - disobedient to Allâh and His Messenger)} [Surat At-Tawba 9:84],

Transliteration: Wala tusalli AAala ahadin minhum mata abadan wala taqum AAala qabrihi innahum kafaroo biAllahi warasoolihi wamatoo wahum fasiqoona

And He almighty says: {It is not (proper) for the Prophet and those who believe to ask Allâh's Forgiveness for the Mushrikûn (polytheists, idolaters, pagans, disbelievers in the Oneness of Allâh), even though they be of kin, after it has become clear to them that they are the dwellers of the Fire (because they died in a state of disbelief). (113) And Ibrâhîm's (Abraham) invoking (of Allâh) for his father's forgiveness was only because of a promise he [Ibrâhîm (Abraham)] had made to him (his father). But when it became clear to him [Ibrâhîm (Abraham)] that he (his father) is an enemy of Allâh, he dissociated himself from him. Verily Ibrâhîm (Abraham) was Awwah (one who invokes Allâh with humility, glorifies Him and remembers Him much) and was forbearing.} [Surat At-Tawba 9:113-114]

Transliteration: Ma kana lilnnabiyyi waallatheena amanoo an yastaghfiroo lilmushrikeena walaw kanoo olee qurba min baAAdi ma tabayyana lahum annahum ashabu aljaheemi (113) Wama kana istighfaru ibraheema liabeehi illa AAan mawAAidatin waAAadaha iyyahu falamma tabayyana lahu annahu AAaduwwun lillahi tabarraa minhu inna ibraheema laawwahun haleemun

· Asking forgiveness and mercy for the person who died upon infidelity, for any reason, is a kind of transgression in invocation, mocking Allah and abandoning the way of the Prophet and the believers. How could a person, believing in Allah and the Final Day, seek forgiveness and mercy for a person died in infidelity and he is enemy to Allah Almighty? Allah the Exalted and Glorious said: {Whoever is an enemy to Allâh, His Angels, His Messengers, Jibrîl (Gabriel) and Mîkâ'îl (Michael), then verily, Allâh is an enemy to the disbelievers} [Surat Al-Baqarah 2: 398]. Allah Almighty declared in this verse that He Almighty is an enemy to all disbelievers.

Transliteration: Man kana AAaduwwan lillahi wamalaikatihi warusulihi wajibreela wameekala fainna Allaha AAaduwwun lilkafireena

· It is obligation upon the believer to declare innocence of every infidel; Allah Almighty says: {And (remember) when Ibrâhîm (Abraham) said to his father and his people: "Verily, I am innocent of what you worship, (26) except Him (i.e. I worship none but Allâh Alone) Who did create me; and verily He will guide me."} [Surat Az-Zukhruf 43:26-27],

Transliteration: Waith qala ibraheemu liabeehi waqawmihi innanee baraon mimma taAAbudoona (26) Illa allathee fataranee fainnahu sayahdeeni

And He almighty says: {Indeed there has been an excellent example for you in Ibrâhîm (Abraham) and those with him, when they said to their people: "Verily, we are free from you and whatever you worship besides Allâh: we have rejected you, and there has started between us and you hostility and hatred for ever until you believe in Allâh Alone"} [Surat Al-Mumtahinah 60:4]

Transliteration: Qad kanat lakum oswatun hasanatun fee ibraheema waallatheena maAAahu ith qaloo liqawmihim inna buraao minkum wamimma taAAbudoona min dooni Allahi kafarna bikum wabada baynana wabaynakumu alAAadawatu waalbaghdao abadan hatta tuminoo biAllahi wahdahu

And to follow the way of the Messenger of Allah (prayers and peace of Allah be upon him); Allah almighty says: {And a declaration from Allâh and His Messenger to mankind on the greatest day (the 10th of Dhul-Hijjah - the 12th month of Islâmic calendar) that Allâh is free from (all) obligations to the Mushrikûn} [Surat At-Tawba 9:3]

Transliteration: Waathanun mina Allahi warasoolihi ila alnnasi yawma alhajji alakbari anna Allaha bareeon mina almushrikeena warasooluhu

· Among the strongest ties of faith is to love for the sake of Allah, hate for the sake of Allah, take people as supporters for the sake of Allah and take others as enemies for the sake of Allah; in order be a true follower to the pleasure of Allah the Exalted and Glorious in your love, hate, support and enmity.

6- Preventing him from marrying the Muslim woman: Because he is infidel and the Muslim woman is not lawful for the infidel according to the text and consensus; Allah Almighty says: {O you who believe! When believing women come to you as emigrants, examine them; Allâh knows best as to their Faith, then if you ascertain that they are true believers send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them} [Surat Al-Mumtahinah 60:10]

Transliteration: Ya ayyuha allatheena amanoo itha jaakumu almuminatu muhajiratin faimtahinoohunna Allahu aAAlamu bieemanihinna fain AAalimtumoohunna muminatin fala tarjiAAoohunna ila alkuffari la hunna hillun lahum wala hum yahilloona lahunna

· The author of Al-Moghny said (6/592): "There is no disagreement between the scholars about the prohibition of the women and slaughtered animals of all infidels except the People of Book." He added: "And it is unlawful to marry the apostate woman regardless of her religion, because she did not take the rules of the people of the religion that she converted to."

· And he said in the chapter of the apostate (8/130): "And if he married, his marriage would not be sound, because he is not given permission to marry, and this leads to considering it unlawful marriage like the marriage of the infidel man to Muslim woman."

· Hence, you see that he declared the prohibition of marrying the apostate woman and the nullification of the marriage of the apostate man. But what is the situation if apostasy occurred after the marriage?!

· The author of Al-Moghny said (6/298): "If one of the couples became apostate before starting the marital life, the marriage contract would be nullified at once, and none of them would inherit the other. However, if he became apostate after starting the marital life, then there are two opinions; one of them makes separation urgent while the other asks for ending the Iddah."

· The author of Al-Moghny said (6/639): "Nullification of marriage because of apostasy before starting the marital life is the saying of the majority of scholars and they have evidences for that saying. As for its being nullified at once if apostasy occurred after starting the marital life, it is the saying of Malik and Abu Hanifa. And as for its being suspended upon the end of Iddah it is the saying of Ash-Shaf'i."

· This means that the four imams agree upon the nullification of marriage because of the apostasy of one of the couples. If apostasy occurred before starting the marital life, marriage should be nullified at once; however, if it occurred after starting the marital life, Malik and Abu Hanifa see that it would be nullified at once, while Ash-Shaf'i sees that they would wait till Iddah ends. And there are two opinions narrated on the authority of Imam Ahmad are similar to the above mentioned opinions.

· The author of Al-Moghny said (6/640): "If the husband and wife became apostate together, their ruling is the same; as if just one of them became apostate. If it occurred before starting the marital life they would be separated at once; however, if it was after starting the marital life, there are two opinions, and this is held by Ash-Shaf'i. Then it is narrated that Abu Hanifa said that their marriage should not be nullified, because their religion did not become different religions and it is like as if they became Muslims." However, the author of Al-Moghney refuted his analogy.

· As long as it became clear that marrying the apostate person is not sound marriage for the Muslim, whether it is male or female, and this is according to the understood meaning of the Book and Sunnah, and it became clear that the neglector of prayer is infidel according to the Book and Sunnah and the sayings of the majority of the companions. It is clear that if the man who does not pray married Muslim woman, his marriage is not sound and this woman is not lawful to him because of this marriage; and if he repented to Allah Almighty and returned to Islam, he must renew the contract of marriage. The same is applied to the woman if she was the one who does not pray.

· This is not the same as the marriages of the infidels during their infidelity. When an infidel man marries an infidel woman, then she converts to Islam, the contract of marriage will be nullified if her convert to Islam was before starting the marital life. However, if it was after starting the marital life, the contract would not be nullified, but she has to wait the convert of her husband during the time of her Iddah; if he converted to Islam before the end of Iddah, she would be his wife; otherwise, she is no longer his wife, because the contract of marriage had been nullified from the time of her convert to Islam.

· At the time of the Prophet (prayers and peace of Allah be upon him) infidels were used to convert to Islam with their wives, and the prophet (prayers and peace of Allah be upon him) was used to confirm their marriages unless there is reason for nullifying the marriage, like their being unmarriageable relatives married when they were magus; in such case the Prophet would separate between them after their convert to Islam because of the existence of a reason for prohibition.

· This question is not like the question of the Muslim who became infidel because of neglecting prayer and then married Muslim woman. The Muslim woman is not lawful for the infidel according to the text and consensus as it is mentioned previously, even if the infidel was not apostate person. Therefore, if an infidel married Muslim woman, this marriage is nullified and they must be separated; however, if he converted to Islam and wanted to return to her, this could not be done without new marriage contract.
·
7- Rule of the children of the neglector of prayer whom are from a Muslim wife: As for the mother, they are her children anyway. However, as for the man; according to those who see that the neglector of prayer is not infidel, they are his children anyway, because his marriage is sound. But according to those who see that the neglector of prayer is infidel, which is the most authentic opinion as it is mentioned in the first chapter, there are considerations:

· If the husband did not know that his marriage is not sound, or does not think so; the children are his, because his sexual intercourse with his wife, in this case, is lawful in his opinion, and it will be considered as case of doubt, and such cases prove the parentage.

· On the other hand, if the husband knows that his marriage is nullified and thinks so, the children will not be his; because they are created from the semen of a person sees that his sexual intercourse is unlawful for having it with a woman is not allowed for him.

Second: Rules of hereafter that are consequences to apostasy

1- The angels scold and tongue-lash him: Allah Almighty says: {And if you could see when the angels take away the souls of those who disbelieve (at death); they smite their faces and their backs, (saying): "Taste the punishment of the blazing Fire. (50) This is because of that which your hands had forwarded. And verily, Allâh is not unjust to His slaves."} [Surat Al-Anfal 8:50-51]

Transliteration: Walaw tara ith yatawaffa allatheena kafaroo almalaikatu yadriboona wujoohahum waadbarahum wathooqoo AAathaba alhareeqi (50) Thalika bima qaddamat aydeekum waanna Allaha laysa bithallamin lilAAabeedi

2- He would be resurrected with the people of infidelity and polytheism because he is one of them: Allah Almighty says: {(It will be said to the angels): "Assemble those who did wrong, together with their companions and what they used to worship, Instead of Allâh, and lead them on to the way of flaming Fire (Hell)} [Surat As-Saffat 37:22-23]. Companions here the people that are alike in deeds.

Transliteration: Ohshuroo allatheena thalamoo waazwajahum wama kanoo yaAAbudoona (22) Min dooni Allahi faihdoohum ila sirati aljaheemi

3- Immortality in hellfire: Allah Almighty says: {Verily, Allâh has cursed the disbelievers, and has prepared for them a flaming Fire (Hell). (64) Wherein they will abide forever, and they will find neither a Walî (a protector) nor a helper. (65) On the Day when their faces will be turned over in the Fire, they will say: "Oh, would that we had obeyed Allâh and obeyed the Messenger (Muhammad prayers and peace of Allah be upon him)} [Surat Al-Ahzab 33:64-66]

Transliteration: Inna Allaha laAAana alkafireena waaAAadda lahum saAAeeran (64) Khalideena feeha abadan la yajidoona waliyyan wala naseeran (65) Yawma tuqallabu wujoohuhum fee alnnari yaqooloona ya laytana ataAAna Allaha waataAAna alrrasoola

Here, we ended what we intended to say in this grave issue, which many people are afflicted with.

Gate of repentance is still open for whoever wants to repent; therefore, dear Muslim brother, hurry to returning to Allah the Exalted and Glorious in sincerity for Him Almighty and regret upon what you did and determination upon not returning and augmentation to the acts of obedience {Except those who repent and believe (in Islâmic Monotheism), and do righteous deeds; for those, Allâh will change their sins into good deeds, and Allâh is Oft-Forgiving, Most Merciful. (70) And whosoever repents and does righteous good deeds; then verily, he repents towards Allâh with true repentance} [Surat Al-Furqan 25:70-71]

Transliteration: Illa man taba waamana waAAamila AAamalan salihan faolaika yubaddilu Allahu sayyiatihim hasanatin wakana Allahu ghafooran raheeman (70) Waman taba waAAamila salihan fainnahu yatoobu ila Allahi mataban

I ask Allah Almighty to facilitate for us our affairs in the right way and guide us all to His straight path; the path of those on whom Allah has bestowed His Grace, of the Prophets, the Siddiqûn (those followers of the Prophets who were first and foremost to believe), the martyrs, and the righteous; not (the path) of those who earned His Anger nor of those who went astray.

Compiled by the pen of the needy before Allah almighty: Muhammad Al-Salih Al-Uthaimin
Al-Watan House

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[1] Abu Huraira reported Allah's Messenger (way peace be upon him) as saying: If any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in the fire of Hell and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants, and he sees whether his path is to take him to Paradise or to Hell. It was said: Messenger of Allah, what about the camel? He (the Holy Prophet) said: If any owner of the camel does not pay what is due on him, and of his due in that (camel) is (also) to milk it on the day when it comes down to water. When the Day of Resurrection comes a soft sandy plain would be set for him, as extensive as possible, (he will find) that not a single young one is missing, and they will trample him with their hoofs and bite him with their mouths. As often as the first of them passes him, the last of them would be made to return during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants and he sees whether his path is to take him to Paradise or to Hell. It was (again) said: Messenger of Allah, what about cows (cattle) and sheep? He said: It any owner of the cattle and sheep does not pay what is due on them, when the Day of Resurrection comes a soft sandy plain would be spread for them, he will find none of them missing, with twisted horns, without horns or with a broken horn, and they will gore him with their horns and trample him with their hoofs. As often as the first of them passes him the last of them would be made to return to him during a day the extent of which would be fifty thousand years, until judgment would be pronounced among the servants. And he would be shown his path-path leading him to Paradise or to Hell. It was said: Messenger of Allah, what about the horse? Upon this he said: The horses are of three types. To one than (these are) a burden, and to another man (these are) a covering, and still to another man (these are) a source of reward. The one for whom these are a burden is the person who rears them in order to show off, for vainglory and for opposing the Muslims; so they are a burden for him. The one for whom these are a covering is the person who rears them for the sake of Allah but does not forget the right of Allah concerning their backs and their necks, and so they are a covering for him. As for those which bring reward (these refer to) the person who rears them for the sake of Allah to be used for Muslims and he puts them in meadow and field. And whatever thing do these eat from that meadow and field would be recorded on his behalf as good deeds, as would also the amount of their dung and urine. And these would not break their halter and prance a course or two without having got recorded the amount of their hoof marks and their dung as a good deed on his behalf (on behalf of their owner). And their master does not bring them past a river from which they drink, though he did not intend to quench their thirst, but Allah would record for him the amount of what they drink on his behalf as deeds. It was said: Messenger of Allah, what about the asses?, Upon this he said: Nothing has been revealed to me in regard to the asses (in particular) except this one verse of a comprehensive nature: "He who does an atom's weight of good will see it, and he who does an atom's weight of evil will see it". [Sahih Muslim]

Al-Watan House

Translated by Wathakker Website

en.wathakker.net