Saturday, 27 August 2011

Ruling on marriage contract with one who was not praying then Allaah guided him

 

I wonder if you could please answer my question as it worries me alot. My husband didn't pray at the time I got married, three years ago. Although shortly after marriage I convinced him to and he does now. I was wondering whether this marriage is null considering that at the time of the Nikkah, he didn't pray. What can I do now?

Praise be to
Allaah.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was
asked about a marriage contract with one who was not praying then Allaah
guided him. He said: 

If the wife, like the husband, was not praying at the time of the
marriage contract, then the marriage is valid, but if she was praying
then the contract must be renewed, because it is not permissible for
a Muslim woman to marry a kaafir man, because Allaah says (interpretation
of the meaning): 

“And give not (your daughters) in marriage to
Al Mushrikoon (polytheists, pagans) till they believe (in Allaah Alone)”

[al-Baqarah 2:221] 

This means that Muslim women should not marry them until they become
Muslim, because Allaah says in Soorat al-Mumtahinah (interpretation
of the meaning): 

“then if you ascertain that they
[emigrant Muslim women] 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”

[al-Mumatahanah 60:10] 

Fasting is not accepted if one doesn’t pray

 

Is it permissible to fast without praying?.

Praise be to Allaah.
 

 

No good deeds will be
accepted from one who does not pray – no zakaah, no fasting, no Hajj or
anything else. 

Al-Bukhaari (520) narrated that Buraydah said: The Messenger
of Allaah (peace and blessings of Allaah be upon him) said: “Whoever
does not pray ‘Asr, his good deeds will be annulled.” 

What is meant by “his good deeds will be annulled” is that
they will be rendered invalid and will be of no benefit to him. This hadeeth
indicates that Allaah will not accept any good deed from one who does not
pray, so the one who does not pray will not benefit at all from his good
deeds and no good deed of his will be taken up to Allaah. 

It seems from the hadeeth that there are two types of those
who do not pray: those who do not pray at all, which annuls all their good
deeds, and those who do not offer a particular prayer on a particular day,
which annuls the good deeds of that day. So annulment of all good deeds
happens to those who forsake all the prayers, and annulment of the good
deeds of a particular day happens to the one who omits a particular prayer. 

Shaykh Ibn ‘Uthaymeen was asked in Fataawa al-Siyaam
(p. 87) about the ruling on the fasting of one who does not pray.

 He replied: 

The fast of one who does
not pray is not valid and is not accepted, because the one who does not pray
is a kaafir and an apostate, because Allaah says (interpretation of the
meaning): 

“But if they repent [by
rejecting Shirk (polytheism) and accept Islamic Monotheism], perform
As-Salaah (Iqaamat-as-Salaah) and give Zakaah, then they are your brethren
in religion”

[al-Tawbah 9:11] 

And the Prophet (peace and blessings of Allaah be upon
him) said: “Between a man and shirk and kufr stands his giving up prayer.”
Narrated by Muslim, 82. And he (peace and blessings of Allaah be upon
him) said: “The covenant that separates us from them is prayer; whoever
gives up prayer is a kaafir.” Narrated by al-Tirmidhi, 2621; classed as
saheeh by al-Albaani in Saheeh al-Tirmidhi. 

This is also the view of
most of the Sahaabah, if not their consensus. ‘Abd-Allaah ibn Shaqeeq (may
Allaah have mercy on him), who was one of the well-known Taabi’een, said:
The companions of the Prophet (peace and blessings of Allaah be upon
him) did not think that omitting any action made a person a kaafir, except
for prayer. Based on this, if a person fasts but he does not pray, then his
fast is rejected and not accepted, and it will not avail him anything before
Allaah on the Day of Resurrection. We say to him: Pray then fast, because if
you fast but do not pray, then your fast will be rejected, because acts of
worship are not accepted from a kaafir. 

The Standing Committee (10/140) was asked: if a person is
keen to fast in Ramadaan and to pray in Ramadaan only, but he stops praying
as soon as Ramadaan is over, does his fasting count? 

They replied: 

Prayer is one of the pillars of Islam, and it is the most
important pillar after the Shahaadatayn. It is an individual obligation
(fard ‘ayn), and whoever does not do it because he denies that it is
obligatory, or he does not do it because he is careless and lazy, is a
kaafir. With regard to those who fast Ramadaan and pray in Ramadaan only, this is trying to cheat Allaah, and unfortunate indeed are those who only acknowledge Allaah in Ramadaan. Their fasting is not valid if they do not pray at times other than Ramadaan, rather this makes them kaafirs in the sense of major kufr (kufr akbar), even if they do not deny that prayer is obligatory, according to the more sound of the two scholarly opinions.

He does not pray and he lives with his girlfriend; he wants to repent and marry her

 

There is a French Muslim man who does not pray or fast, and he lives with his Christian girlfriend. He wants to repent and fast, but he is using the fact that this woman is living with him as an excuse. Is it permissible for him to marry her now, knowing that tomorrow is the first day of Ramadaan? If that is permissible, then what is the prescribed shar’i procedure for that?.

Praise be to Allaah.

This person and others should note that not praying is kufr
which puts a person beyond the pale of Islam. Islam does not accept for
any of its followers not to pray or fast and to live with a girlfriend. 

What you have to do is to advise him and explain to him what
Islam really is, which is submitting to the rulings of sharee’ah. The Muslim
should be an example to others, especially in that (non-Muslim) country, for
he is not representing himself only, rather he is representing Islam which
he has embraced and committed himself to. So he has to give up the sin that
he is committing and adhere to the rulings of sharee’ah, especially prayer
which is the thing that distinguishes between Islam and kufr.

 Secondly: 

We are very happy to learn that he wants to repent, so what
is stopping him from repenting? Allaah rejoices over the repentance of His
believing slave. When a person turns to Allaah, Allaah turns to him and
forgives his sin. So he should hasten to repent and not delay it or make it
conditional upon certain things happening, lest he dies without having
repented and he meets his Lord with a burden of sin and may even meet Him in
state of kufr. 

Tell him that Allaah turns bad deeds into good deeds for the
one who repents. Allaah says (interpretation of the meaning): 

“Except those who repent and believe (in Islamic
Monotheism), and do righteous deeds; for those, Allaah will change their
sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”

[al-Furqaan 25:70] 

So he must hasten to
repent by giving up all that he is doing that incurs the wrath of Allaah,
namely not praying and living with his girlfriend. 

See the answers to questions no.
624,
13990,
34905,
22912. 

Thirdly: 

If he repents to Allaah, he should note that it is not
permissible for him to marry that girlfriend, not because she is Christian,
but because she is a zaaniyah (fornicatress) – according to what he has
said. One of the conditions of marrying a woman of the People of the Book
(i.e., a Jewish or Christian woman) is that she should be chaste, not a
fornicatress or a woman who has a lover or boyfriend. Allaah says
(interpretation of the meaning): 

“Made lawful to you
this day are At‑Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah
has made lawful (meat of slaughtered eatable animals, milk products, fats,
vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of
the people of the Scripture (Jews and Christians) is lawful to you and yours
is lawful to them. (Lawful to you in marriage) are chaste women from the
believers and chaste women from those who were given the Scripture (Jews and
Christians) before your time when you have given their due Mahr
(bridal-money given by the husband to his wife at the time of marriage),
desiring chastity (i.e. taking them in legal wedlock) not committing illegal
sexual intercourse, nor taking them as girlfriends”

[al-Maa’idah 5:5] 

Allaah has stipulated
that in order to marry them, they must be chaste. It is not permissible for
a Muslim to marry a woman of the people of the Book who is not chaste. Even
if a woman is a Muslim but she is not chaste, it is not permissible for a
chaste Muslim man to marry her. Allaah says (interpretation of the
meaning): 

“The adulterer — fornicator marries not but an adulteress
— fornicatress or a Mushrikah; and the adulteress –fornicatress, none
marries her except an adulterer — fornicater or a Mushrik. Such a thing is
forbidden to the believers (of Islamic Monotheism)”

[al-Nur 24:3] 

For more details on this
issue, please see the answer to question no.
11195 and
2527. 

If he wants to marry her, that can only happen after he
repents and comes back to Islam by starting to pray, and after they both
repent from zina (fornication). 

This applies if he wants to marry her. 

The duty of being sincere (naseehah) compels us to tell him
of the best way we know of setting straight both his religious and worldly
affairs, which is that he should repent to Allaah sincerely, and hasten to
leave this woman without any hesitation or delay, and look for another woman
who is a chaste, believing Muslim. If he repents to Allaah, he will need
someone who understands her religion and will stand by him and encourage him
to obey the Most Merciful after this deviation. As for that woman, even if
she repents from fornication she will never be able to help him to obey
Allaah and she will never be trustworthy with regard to his household, his
wealth and his honour, and she will never be fit to raise his sons and
daughters. We mean nothing but good by offering this sincere advice. Let him
use his mind and avoid being emotional, then he will know that this is
right. 

If he looks around him, he will see other Muslims who have
married non-Muslim women, and how bad their situations are, and how they
regret it and wish that they had not married non-Muslim woman. 

See also the answer to questions no.
20227 and
45645. 

And Allaah is the Source of strength.

 

Is the person who prays Friday prayer only not a kaafir?

 

Is it correct that who prays Friday prayer only is not considered kaafir? I read that sheikh Ben Uthaimeen, may Allah have mercy on him, said: whoever prays Friday prayer is not a kaafir; because he never neglects it, because the prophet, peace be upon him, said (the prayer) not (prayer). Is it true that ibn Uthaimeen and ibn Taymiyah said this?.

Praise be to Allaah.

There is a difference of opinion among those who say that the
one who does not pray is a kaafir, with regard to the exact definition of
the omission of prayer which makes him a kaafir. Most of them are of the
view that he becomes a kaafir if he omits one obligatory prayer or two
obligatory prayers. 

Some of them are of the view that the one who does not pray
does not become a kaafir unless he gives up prayer altogether. 

The former opinion was narrated by Ishaaq ibn Raahawayh (may
Allaah have mercy on him) from the Sahaabah and Taabi’een. Imam Muhammad ibn
Nasr al-Maroozi (may Allaah have mercy on him) said: I heard Ishaaq say: it
is narrated in a saheeh report from the Messenger of Allaah (blessings and
peace of Allaah be upon him) that the one who does not pray is a kaafir, and
this was the opinion of the scholars from the time of the Prophet (blessings
and peace of Allaah be upon him) until our own time, that the one who
deliberately does not pray without any excuse until the time for the prayer
is over is a kaafir. 

The ending of the time means delaying Zuhr until sunset and
delaying Maghrib until the sun rises. 

The end of the times for prayer was set as described above
because the Prophet (blessings and peace of Allaah be upon him) joined
prayers at ‘Arafah and Muzdalifah and when travelling, so he prayed one of
them at the time of the other. Because the Prophet (blessings and peace of
Allaah be upon him) offered the first prayer at the time of the second in
some cases, and the second prayer at the time of the first in other cases,
the time for both became one time in cases where one has an excuse, just as
the menstruating woman, if she becomes pure before sunset, is commanded to
pray both Zuhr and ‘Asr, and if she becomes pure at the end of the night,
she is commanded to pray both Maghrib and ‘Isha’. End quote from Ta’zeem
Qadr al-Salaah (2/929). 

 Muhammad ibn Nasr (Allaah have mercy on him) narrated that
Imam Ahmad said: No one becomes a kaafir because of sin except the one who
deliberately does not pray. If he does not pray until the time for the next
prayer begins, he must be asked to repent three times. End quote. 

It was narrated that Ibn al-Mubaarak said: Whoever
deliberately does not pray with no excuse until the time is over, is a
kaafir. Ta’zeem Qadr al-Salaah (2/297). 

Ibn Hazm said:

We narrated from ‘Umar ibn al-Khattaab (me Allaah be pleased
with him), Mu’aadh ibn Jabal, Ibn Mas’ood  and a number of the Sahaabah (may
Allaah be pleased with them), and from Ibn al-Mubaarak, Ahmad ibn Hanbal,
Ishaaq ibn Raahawayh (may Allaah have mercy on them), and from 17 of the
Sahaabah in total (may Allaah be pleased with them) that the one who
deliberately and consciously does not offer an obligatory prayer until the
time for it ends is a kaafir and an apostate. This is also the view of
‘Abd-Allaah ibn al-Maajishoon, the companion of Maalik. And it was the view
of ‘Abd al-Malik ibn Habeeb al-Andalusi and others. End quote from
al-Fasl fi’l-Milal wa’l-Ahwa’ wa’l-Nihal, 3/128. 

He (may Allaah have mercy on him) said: And it was narrated
from ‘Umar, ‘Abd al-Rahmaan ibn ‘Awf, Mu’aadh ibn Jabal, Abu Hurayrah and
others among the Sahaabah (may Allaah be pleased with them) that the one who
deliberately does not offer one obligatory prayer until the time for it ends
is a kaafir and an apostate. End quote from al-Muhalla (2/15). 

This view was also expressed in fatwas by the Standing
Committee for Issuing Fatwas, led by Shaykh ‘Abd al-‘Azeez ibn Baaz (may
Allaah have mercy on him). 

Fataawa al-Lajnah al-Daa’imah
(6/50, 40) 

Some of the scholars quoted as evidence for this opinion the
words of the Prophet (blessings and peace of Allaah be upon him): “Whoever
does not pray ‘Asr, all his good deeds are cancelled out.” Narrated by
al-Bukhaari (528), because cancellation of good deeds can only happen as a
result of becoming a kaafir, and because of what has been quoted above from
the Sahaabah who narrated these hadeeths. 

With regard to the second opinion, which is that the one who
does not pray does not become a kaafir unless he gives up prayer altogether,
this is the view of Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on
him), although he also ruled to be a kaafir the one who misses some prayers
and is called by the ruler to pray but does not pray. He also stated that
the one who prays sometimes and does not pray sometimes, if he resolves in
his heart to give up prayer altogether, then he is inwardly a kaafir, i.e.,
it is between him and Allaah, may He be exalted. 

See: Majmoo’ al-Fataawa, 22/49, 7/715; Sharh
al-‘Umdah, 2/94. 

This was also the view of Shaykh Ibn ‘Uthaymeen (may Allaah
be pleased with him) who said: What appears to be the case from the evidence
is that he does not become a kaafir unless he gives up prayer all the time,
in the sense that he has decided not to pray, so he does not pray Zuhr,
‘Asr, Maghrib, ‘Isha’ or Fajr. This is the one who is a kaafir. But if he
prays one or two obligatory prayers, then he is not a kaafir and he cannot
truly be described as having given up prayer. The Prophet (blessings and
peace of Allaah be upon him) said: “Between a man and shirk and kufr stands
his giving up prayer (al-salaah)” and he did not say “salaah (a prayer)”.
End quote from al-Sharh al-Mumti’ (2/26). 

We could not find any written comment of his concerning one
who only offers Friday prayer, but we asked him about that verbally and he
replied that it seems that he does become a kaafir because Friday prayer is
one of 35 prayers in the week, so the one who only prays Friday prayer can
be described as giving up prayer altogether so he could become a kaafir as a result. 

And Allaah knows best.

 

 

He committed adultery with a woman and she married someone else, and the adulterer wants to marry her

 

I am in a dilemma . I was contacted by a brother from my home ('muslim') country who had a relationship with a relative of mine (and he informed me of this just now as i had no knowledge of it beforehand) and he claims that they had zina and she may be expecting his baby soon. He was supposed to marry her soon. Recently she was married to someone else and she is here in XXX presently. The brother who contacted me was shocked when he returned from business trip and discovered this. He wishes for me to allow him to contact her, and I wish to advise him to forget her and to repent as she has been playing with him for past couple of years. She also played with me for a while before Allah guided me. I dont think any of the above-mentioned people are practising the deen, probably dont even pray. What would be the responsible and islamic thing for me to do - and should i consult any others?

Praise be to Allaah.
 

 

Your question includes a number of serious issues, not just
one problem.  The details are as follows: 

1 – The neglect of prayer on the part of your friend and your
relative, who claim to be Muslims. This action is kufr. See Question no.
5208 and 2182.
Indeed, you say that they do not practise Islam, and this is disaster upon
disaster, kufr upon kufr. We seek refuge with Allaah from that. 

2 – Falling into zina (fornication, adultery), which is
forbidden in Islam, as is well known. It is forbidden even in the other
divinely-revealed religions. 

3 – Marrying an adulteress when she is pregnant as a result
of zina. 

4 – The adulterer seeking to marry an adulteress after she
has gotten married to someone else. 

Which disaster should we begin with? Which question should we
answer? Laa hawla wa laa quwwata illa Billaah (there is no power and
no strength except with Allaah). 

Let us start with the most serious: 

1 – Kufr as a result of
not praying and neglecting all the rituals of Islam. 

There is no doubt that kufr (disbelief) dooms one to enter
Hell, Allaah says describing the mushrikeen and how they will answer
concerning the reason why they entered Hell: 

“They will say: ‘We were
not of those who used to offer the Salaah (prayers),

Nor we used to feed Al‑Miskeen (the poor);

And we used to talk falsehood (all that which Allaah
hated) with vain talkers.

And we used to belie the Day of Recompense,

Until there came to us (the death) that is certain’”

[al-Muddaththir 74:43-47 – interpretation of the meaning] 

Ibn Katheer said, commenting on this passage: 

“ ‘We were not of those who used to offer the Salaah
(prayers)’ means ,we did not worship our Lord. 

‘Nor we used to feed Al‑Miskeen (the
poor)’ means, we did not show any kindness to His
creation of our own kind (our fellow human beings). 

‘And we used to talk falsehood (all that which Allaah
hated) with vain talkers’ means, we used to speak of that of which we
had no knowledge. Qutaadah said: (it means), everyone who went astray, we
followed him. 

‘And we used to belie the Day of Recompense’. Ibn
Jareer said: we used to deny the Day of Recompense, of reward and
punishment; we did not believe in reward, punishment or reckoning. 

‘Until there came to us (the death) that is certain’
means death, as in the aayah, ‘And worship your
Lord until there comes unto you the certainty (i.e. death)’ [al-Hijr 15:99].” 

But what you have to do is to advise them, establish proof
against them and explain to them that what they are doing is destroying the
most important pillar of Islam, so they must hasten to repent from
neglecting the prayer and all the rituals of Islam. It is not permissible
for you to turn a blind eye to one who neglects prayer under any
circumstances. Start by advising and guiding him, then shun him and turn
away from him, do not greet him, eat his food or sit with him, if that will
do him some good. Make him aware of how great his sin is, so that perhaps he
will turn back to his Lord and repent.  

2 – Falling into zina (adultery) is a major sin. Allaah says
(interpretation of the meaning): 

“And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits: a great sin, and an
evil way that leads one to hell unless Allaah Forgives him)”

[al-Isra’ 15:32] 

The Prophet (peace and blessings of Allaah be upon him)
said, “An adulterer, at the time he is committing illegal sexual intercourse
is not a believer; and a drinker, at the time he imbibes an alcoholic drink
is not a believer; and a thief, at the time of stealing, is not a believer.
And a robber  who robs (takes illegally something by force) while the people
are looking at him, is not a believer at the time he is robbing (taking).”
(Narrated by al-Bukhaari, no. 2475). 

It is a major sin, and the one who commits this sin is issued
with a warning of a painful torment. It says in the great hadeeth about the
Mi’raaj (Prophet’s ascent to the heavens): “… We went on, and we came to
something like a Tannoor (a kind of baking oven, a pit usually clay-lined
for baking bread).” I [the narrator] think he said, “In that oven there was
much noise and voices.” He said, “We looked into it and found naked men and
women, and a flame of fire was reaching up to them from underneath, and when
it reached them, they cried loudly. I asked them [the two angels], ‘Who are
these people?’… 

They [the two angels] said, ‘We will tell you… those naked
men and women whom you saw in a structure resembling an oven, they are the
adulterers and the adulteresses.”

(Narrated by al-Bukhaari in Baab Ithm al-Zunaah, no.
7047). 

Please see also Question no. 11195. 

3 – With regard to the third question, which concerns
marrying an adulteress when she is pregnant, it should be noted that “it is
not permissible to marry an adulteress until she repents, and if a man wants
to marry her, he must wait to make sure that she is not pregnant, which is
shown by her having a menstrual period, before he can marry her. If it
becomes apparent that she is pregnant, then it is not permissible for him to
marry her until she has given birth…” (Fatwa of Shaykh Muhammad ibn
Ibraaheem – may Allaah have mercy on him. See al-Fataawa al-Jaami’ah
li’l-Mar’ah al-Muslimah, 2/584) 

Based on that, marriage
to this woman when she is pregnant from an adulterer is an invalid marriage,
and the person who married her has to leave her at once, otherwise he is an
adulterer and the hadd punishment for adultery must be carried out on him. 

But if he leaves her and she gives birth, and her womb
becomes empty, and she repents sincerely, then it will be permissible for
him to marry her, after he also repents. 

4 – As for the first man – the adulterer – he must also
repent to Allaah, and it is not permissible for him to marry her at all, for
two reasons: 

(i)               
because they are bother
adulterers, and marriage to adulterers is forbidden to believers. See
Question no. 11195.

(ii)             
Because of her relationship
with another man. 

So he has to forget about her completely, and repent to
Allaah from his serious sin. Laa hawla wa laa quwwata illa Billaah al-‘Aliy
al-‘Azeem  (there is no power and no strength except with Allaah the
Exalted, the Almighty). 

O Allaah, guide the misguided Muslims, and
help us to turn back to You, O Most Merciful of those who show mercy. Praise
be to Allaah, the Lord of the Worlds.

 

It is difficult for him to pray qiyaam because of his work situation and because he is a heavy sleeper

 

My work situation means that I work all night and I sleep in the day. It is difficult for me to get up and offer the four other prayers, because I get so tired at work. I cannot get up whilst I am sleeping and do the prayers and then go back to sleep. And there is another reason, which is that I am a heavy sleeper, and when I sleep no one can wake me up, even if I intend to get up and pray during the day.

Praise be to Allaah.

Firstly: 

Some of the
Sahaabah (may Allaah be pleased with them) used to do difficult work such as
farming, herding livestock, gathering firewood and so on, but they did not
neglect their prayers, rather they used to observe the prayers regularly,
not just on time but also in congregation. They were regular in praying and
seeking knowledge, and they were not granted any concession allowing them
not to pray because of work. 

Hence it is
obligatory for those who work and others to offer the prayers on time.
Allaah praises the believers who do not let their work distract them from
obeying Allaah, as He says (interpretation of the meaning): 

“Men whom
neither trade nor sale (business) diverts from the remembrance of Allaah
(with heart and tongue) nor from performing As‑Salaat (Iqaamat‑as‑Salaat)
nor from giving the Zakaah. They fear a Day when hearts and eyes will be
overturned (out of the horror of the torment of the Day of Resurrection).

38. That
Allaah may reward them according to the best of their deeds, and add even
more for them out of His Grace. And Allaah provides without measure to whom
He wills”

[al-Noor
24:37-38]

Secondly: 

The one who
sleeps is excused at the time when he is sleeping, but when he wakes up it
becomes obligatory for him to perform the prayer after he has woken up. 

It was
narrated that Anas ibn Maalik (may Allaah be pleased with him) said: The
Prophet of Allaah (peace and blessings of Allaah be upon him) said:
“Whoever forgets a prayer or sleeps and misses it, the expiation for that is
to pray it when he remembers it.” Narrated by al-Bukhaari (572) and Muslim
(684). 

This hadeeth
indicates that the one who sleeps is not accountable during the time of his
sleep, and there is consensus on this point. 

The apparent
meaning of the hadeeth is that there is no negligence in sleep if a person
sleeps before the time for prayer begins or after that but before the time
becomes too short. And it was said that if a person deliberately goes to
sleep before the time becomes too short and he takes that as a means of not
praying because he thinks it most likely that he will not wake up until the
time for the prayer is over, then he is sinning. But the apparent meaning is
that there is no sin on him because of sleeping, because he did that at a
time when it was permissible to do it, so he is included in this hadeeth.
But if he did it deliberately in order to miss the prayer, then there is no
doubt that he is sinning thereby. End quote. 

Nayl
al-Awtaar 2/33, 34. 

Thirdly: 

What a
person should do before going to sleep is to be keen to wake up at the time
of prayer, and to take the means that will help him to perform the prayer on
time. If he does that but does not wake up, then he is excused because he
did what he had to, and “Allaah burdens not a person beyond his scope”
[al-Baqarah 2:286]. That happened to the Prophet (peace and
blessings of Allaah be upon him) on some of his journeys. 

It was
narrated that Abu Qataadah (may Allaah be pleased with him) said: “We
travelled with the Messenger of Allaah (peace and blessings of Allaah
be upon him) by night and some of the people said: “Why don’t you let us
stop at the end of the night so that we may rest, O Messenger of Allaah?” He
said: “I am afraid that you will sleep and miss the prayer.” Bilaal said: I
will wake you up.” So they lay down and Bilaal leaned his back against his
mount, but his eyes grew heavy and he slept. Then the Prophet (peace
and blessings of Allaah be upon him) woke up when the sun had risen. And he
said: “O Bilaal, what about what you said?” He said: “I have never slept
like that before.” He said: “Allaah took your souls when He willed and
returned them to you when He willed. O Bilaal, get up and call the people to
prayer.” And he did wudoo’ when the sun had risen high and turned white,
then he stood and prayed. Narrated by al-Bukhaari (570) and Muslim (681).  

The Prophet
(peace and blessings of Allaah be upon him) took the means of waking up
by appointing Bilaal to alert them when it was time to pray, but sleep
overtook him, and he and the people slept until the sun had risen. They were
not negligent, hence the Prophet (peace and blessings of Allaah be upon
him) said, “There is no neglect among the people.” 

As for one
who stays up all night because of work etc and does not take the means and
prays after the time for the prayer is over, he is regarded as deliberately
not praying, and he is not excused because of his sleep. 

Shaykh
Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked
about someone who stays up all night and is not able to pray Fajr until
after the time for it is over – will it be accepted from him? And what is
the ruling on the rest of the prayers which he offers on time? 

He replied: 

With regard
to Fajr prayer which he delays until the time for it is over when he is able
to offer it on time, because he could sleep early, this prayer of his will
not be accepted from him, because the Prophet (peace and blessings of
Allaah be upon him) said: “Whoever does an action that is not in accordance
with this matter of ours will have it rejected.” Narrated by Muslim. The one
who deliberately delays a prayer until the time for it is over, with no
excuse, will have it rejected, because he has done something that is not in
accordance with the command of Allaah and His Messenger, so it will be
rejected. 

But he may
say: I was asleep, and the Prophet (peace and blessings of Allaah be
upon him) said: “Whoever sleeps and misses a prayer or forgets it, let him
pray it when he remembers it, for there is no expiation for it but that.” 

We say: If
he could have slept early so that he would wake up early, or he could have
set an alarm clock to wake him up, or he could have asked someone to wake
him up, then his delaying the prayer and not getting up for it is regarded
as deliberately delaying the prayer, so it will not be accepted from him.
End quote. 

Majmoo’
Fataawa al-Shaykh Ibn ‘Uthaymeen, 12/question no.
14 

Fourthly: 

A man may be
a heavy sleeper, and one of two scenarios must apply: 

1 – He
sleeps deeply because he has stayed up at night to work, seek knowledge or
pray qiyaam. In this case it is not permissible for him to miss performing
prayers on time because of that, and he should look for another job that
will not cause him to miss the prayers. Similarly it is not permissible for
him to let naafil deeds – even seeking knowledge, which is basically
obligatory – distract him and cause him to miss the prayers. In this case
his not praying is regarded as deliberate, because he could change his job
and he could avoid staying up at night. 

Shaykh
Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

What our
brothers who go on trips should do is thank Allaah for this blessing, as He
has made them prosperous and given them a life of comfort and ease, in an
atmosphere of safety and freedom from fear, and they should do what Allaah
has enjoined on them of praying on time, whether that is Fajr prayer or any
other. It is not permissible for them to delay Fajr prayer on the basis that
they are sleeping, because in most cases there is no excuse for this sleep,
because they can use alarm clocks to wake them up to pray on time, and they
can sleep early so that they can wake up refreshed. End quote. 

Majmoo’
Fataawa al-Shaykh Ibn ‘Uthaymeen (12/question no.
14) 

2 – A person
may be a naturally heavy sleeper, and it has nothing to do with work or
staying up at night. This is known in the case of some individuals. If that
is the case, then he is excused if he takes the means but does not wake up. 

It was
narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said: A
woman came to the Prophet (peace and blessings of Allaah be upon him)
when we were with him and said: “O Messenger of Allaah, my husband Safwaan
ibn al-Mu’attal does not pray Fajr until the sun has risen.” Safwaan was
with him, so he asked him about what she had said, and he said: “O Messenger
of Allaah, we are a family who are known not to wake up until the sun has
risen.” He said: “When you wake up, then pray.” Narrated by Abu Dawood,
2459; classed as saheeh by Shaykh al-Albaani in Irwa’ al-Ghaleel,
7/65 

Conclusion:
in your case it seems that your sleeping heavily has to do with staying up
at night, and you are staying up at night because of work. On this basis, it
is not permissible for you to stay in that job, because it is causing you to
forsake the most important pillar of Islam after the Shahaadatayn. So look
for another job, and Allaah will compensate you with something better than
it. You will see a change for the better in your religious commitment, your
body and your mental attitude. As for your religious commitment, performing
the prayers on time is one of the most important duties, and not doing it is
one of the worst of haraam actions. As for your body, the doctors have
described many harmful effects suffered by those who work at night; sleeping
during the day does not give the body the same rest as sleeping at night
does. And all of that has a negative effect on one's mental attitude. 

And Allaah
knows best.

Is it permissible for the wife of a man who does not pray to pay zakaat al-fitr on behalf of herself and her children?

 

Will zakaat al-fitr be accepted from a man who does not pray? And is it permissible for his wife to give it without his knowledge on behalf of herself and her children?.

Praise be to Allaah.

If the one who does not pray denies that prayer is
obligatory, then he is a kaafir according to scholarly consensus. If he
affirms that prayer is obligatory, but he does not pray out of laziness and
carelessness, then he is also a kaafir according to the correct scholarly
opinion, because of evidence that is well known, some of which has been
quoted in the answer to question number
2182. 

Based on this opinion, the zakaah, fasting and Hajj of one
who does not pray is not valid, and it is not permissible for a Muslim woman
to allow him to be intimate with her until he repents and starts to pray. 

The wife has to pay zakaat al-fitr of behalf of herself, and
if she pays it on behalf of her children that is fine. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Zakaat al-fitr is obligatory and like all other obligatory duties, each
person is obliged to do it for himself. So you, O man, are obliged to pay
zakaah on your own behalf, even if you have a father or brother. Similarly,
the wife is obliged to pay zakaah on her own behalf, even if she has a
husband. End quote. 

Fataawa al-Shaykh Ibn ‘Uthaymeen,
18/261 

Based on this, you should pay zakaat al-fitr on your own behalf. As for the children, if they are young then you should pay it on
their behalf, and it does not matter if that is done without the father's
knowledge. 

But if they are adults and have reached the age of majority,
they should pay it on their own behalf if they have wealth. 

And Allah knows best.