“Ash-Shaikh Muhammad bin Saalih Al-'Uthaymeen was asked regarding the person who lives with relatives who don't pray”Translated by Abu Sumayyah Aqeel Walker

Question: What should a man do who commands his family to offer As-Salaah (the obligatory prayer), but they refuse to listen to him? Should he keep living with them and mixing with them or should he move out of this house (i.e. stop living with them)?

Answer: If these people never make As-Salaah (prayer) ever, then they are no doubt Kuffaar (disbelievers), and or apostates (from the religion of Islaam), and they are outside of the fold of Islaam. It is not permissible for him (this person in question) to live with them, but rather it is obligatory upon him to give them da'wah (i.e. call them to Islaam), and that he be persistent and continuous in calling them to make the prayer, so that perhaps Allaah may guide them. Because the one who leaves the prayer (the five daily prayers) is a Kaafir (disbeliever) - and we seek refuge with Allaah from this - and this is from evidence from the Qur'aan and the Sunnah, and the statements of the companions, and it is the correct view. For example, in the Noble Qur'aan there is the statement of Allaah, the Most High, about the polytheists (Mushrikoon), "So if they repent, and establish the prayers perfectly, and pay the Zakaah, then they are your brothers in the religion (Islaam)." [At-Tawbah (9): 11] The understanding that is implied by this verse is that if they do not do these things (repent, make the Salaah, and pay the Zakaah), then they are not your brothers (in Islaam). And the Islaamic bond of brotherhood is not negated by a sin even if it is a great sin, but it (the bond of brotherhood) is negated by one leaving outside of the fold of Islaam. An example from the Sunnah is the statement of the Prophet (Sallallaahu alayhi wa sallam), "Between a man and Kufr (disbelief) and Shirk (associating partners with Allaah), is the abandoning of the prayer." (Muslim and At-Tirmithee and others) And also there is his (Sallallaahu alayhi wa sallam) statement reported from Buraydah in the Sunan, "That which separates us (the Muslims) and them (the disbelievers) is the Salaah (prayer), so whoever abandons the prayer, then verily he has disbelieved." (An-Nawawee said it is reported by At-Tirmithee in the Chapter of Imaan with an authentic of narration. Ahmad also recorded it his Musnad, and it is Saheeh (authentic)). An example from the statements of the companions (RadiAllahu 'anhum) is the statement of the leader of the believers, 'Umar ibn Al-Khattaab (RadiAllahu 'anhu), "There is no portion of Islaam for the one who abandons the prayer." And this word "portion" as used here (by 'Umar) is indefinite in the linguistic meaning of negation. So it means in general that the person has no share of Islaam, neither small nor large. And 'Abdullah bin Shaqeeq said, "The companions of the Prophet (Sallallaahu 'alayhi wa sallam) did not consider the abandonment of any of the deeds as disbelief, except for the Salaah." Thus, it is said from this correct view (that whoever leaves the prayer is not a Muslim), "Does it make any rational sense that a man who has even a mustard seed of faith in his heart, knowing the important position of prayer and the attention that Allaah has given to commanding it (in the Qur'aan), that he would then continue to neglect and abandon it (the prayer)?...This is something that is not possible." And verily I have deeply investigated the evidences which are used by those who say that leaving the prayer is not disbelief, and I have found that those evidences do not come from the four legal principles (that could possibly substantiate their argument): 1. If there is no basic textual proof to support it (the ruling that leaving the Salaah is disbelief). 2. Or that there is some other aspect that restricts the abandonment of prayer from the declaration of disbelief. 3. Or that there is some condition of excuse (in the Sharee'ah) for the one who intentionally is abandoning the prayer. 4. Or that it (abandoning prayer) is something general, whereas the hadeeths concerning the disbelief of the person who leaves the Salaah were special specific cases (i.e. only applicable in a certain situation or with specific people). Therefore, when it becomes clear that this person who has abandoned the prayer is a Kaafir (disbeliever), then there are certain rulings that apply to him: First: It is not correct that a Muslim woman should be married to him and if a wedding contract is made with him and he does not pray, then that wedding is nullified and his wife is no longer permissible for him, by the statement of Allaah, the Most High, concerning the women of the Muhaajiroon (immigrants from Makkah to Madinah), "Then if you know these women to be believers, do not send them back to the disbelievers, they are not lawful (wives) for the disbelievers, nor are the disbelievers lawful (husbands) for them." [Al-Mumtahinah (60): 10] Also, if he abandons making the Salaah after the marriage has taken place, then verily this marriage becomes abrogated and his wife is no longer lawful for him. And this is taken from the verse, which we have previously mentioned. Second: This man who does not pray, if he sacrifices or slaughters an animal, this meat should not be eaten. Why? Because it is Haraam (forbidden). And if a Jew or a Christian slaughters (an animal), then that meat is permissible for us to eat. So actually (and we seek refuge with Allaah), this man who does not pray, his meat that he slaughters is more filthy than the slaughter of a Jew or Christian (because of his abandoning of the prayer). Third: It is not permissible for him to enter into the blessed city of Makkah or the sanctuaries of the sacred Masjid. This is by the statement of Allaah, the Most High, "O you who believe, verily the polytheists (pagans) are impure. So let them not come near Al-Masjid ul-Haraam (the sacred Mosque of the Ka'bah) after this year." [At-Tawbah (9): 28] Fourth: If there is anyone who dies in his family, then he has no right to inherit from them. So if a man dies and he has a son who does not pray (the man is a Muslim who prayed but his son did not pray), and the man also has a distant cousin (who is a Muslim), then who would get his inheritance? The distant cousin would get his inheritance and not his son, and this is due to the statement of the Prophet (Sallallaahu alayhi wa sallam) in the hadeeth reported from Usaamah (RadiAllahu 'anhu), "The Muslim does not inherit from the disbeliever nor does the disbeliever inherit from the Muslim." (Al-Bukhaaree and Muslim) Fifth: When he dies, his body is not washed nor is it to be shrouded, and he is not to have the Janazaah prayer performed over him. Also, he should not be buried with the Muslims (i.e. in a Muslim cemetery). So what should we do with him? We carry his body out into the desert, we did a ditch for him, we bury him in it with his clothes on him and there is no sacredness in his burial. Thus, it is not permissible for anyone who is with him at his death, and he knows that he did not make the Salaah, to send him to the Muslims to make the Janazaah prayer of him. Sixth: He will be gathered on the day of judgement with Fir'awn (the Pharaoh in Moses’ time), Haamaan, Qaaroon and Ubayy ibn Khalf, who are Imaams (leaders) of disbelief - and we seek refuge with Allaah from this - and he will not be allowed to enter the Paradise, and it is not permissible for anyone from his family to make du'aa (supplicate) for him requesting that he receive Allaah's mercy and forgiveness, because he is a Kaafir (disbeliever) who does not deserve these things. So this issue, O my Muslim brothers, is very dangerous, and with much regret and sorrow, some people have taken this to be a light matter, and they reside in homes with those who do not make the Salaah. And this is not permissible. And Allaah knows best, and may blessings of Allaah be upon our Prophet Muhammad, and upon his family and all of his companions."