Is One Who sometimes does not pray judged to be a Disbeliever? And is His Muslim Wife permissible to Him? And may Zakah be paid to Him?
Question :
A man offers two or three obligatory prayers, then stops praying for four or five days; and this is his situation. He has no legal excuse, except neglectfulness, laziness and carelessness. Is he judged to be a disbeliever? And is it permissible for his wife to remain under his guardianship. And may Zakah be paid to one who abandons prayer?
Answer:
Whoever abandons prayer completely or for some days, due to negligence or laziness, or due to carelessness in it, is a disbeliever, whose disbelief removes him from the pale of Islam, we seek refuge with Allah from that. He should be called upon to repent; and if he does repent and performs the five prayers at their prescribed times, all praise and thanks be to Allah. But if he does not, he should be killed for his refusal. And if he is a disbeliever due to his abandoning prayer, then his wife is not permissible to him. Indeed, his rejection is considered divorce for her, or a negation of her contract. And if he repents while she is in her 'Iddah, she may return to him without a new contract. And no Zakah funds should be paid to him, because he has no right to it.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 2 Pages 374-375
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