Hadith 4678

Commentary

Al-Khaṭṭābī said: "At-Tarūk (leaving the prayer) has three categories. Among them is leaving (the prayer) while (fundamentally) denying it (that it should be performed). And this is Kufr according to the consensus of the Ummah. Among them is leaving it because of forgetfulness; in this case there is a consensus of the Ummah that one has not committed Kufr. (Meaning, he is required to pray when he remembers it). Among them is purposefully leaving it (the prayer) without (fundamentally) denying it (that it should be performed). It is this that the people have differed over. Ibrāhīm An-Nakha'ī, Ibn Al-Mubārak, Ahmad bin Ḥanbal and Ishāq bin Raḥūyah held the view that whoever left the prayer on purpose, without an excuse, until its time has expired, then he is a disbeliever. And Ahmad said: 'We do not declare anyone among the Muslims, a disbeliever, for any sin, except for leaving the prayer.' Makḥūl and Ash-Shāfi'ī said that he who leaves the prayer should be killed like a disbeliever, but that does not take him out of the religion, and he should be buried in the graveyard of Muslims, and his family inherits from him. But some of the followers of Ash-Shāfi'ī said that he should not be prayed for when he dies. And the followers of Ash-Shāfi'ī differed over how he should be killed. Most of them held the view that he should be killed in captivity with the sword. Ibn Shurāih said that he should not be killed in captivity with the sword, but he should be beaten until he prays, or beating him results in his death. And they said that he should be killed when he leaves one prayer until its time has expired. Except that Abū Sa'eed Al-Aṣṭakḥī said that he should not be killed until he left three prayers. And I think that he held this view because it is possible that he had an excuse to delay the prayer until the next prayer's time, in order to combine the two of them. Abū Hanifah and his followers said that the one who leaves the prayer is not considered a disbeliever, nor killed, but he should be imprisoned and beaten until he prays. They interpreted the narration to have an implication of severe warning and threat." (Ma'ālam As-Sunan no. 1658)