Q 1: A husband
offers all the obligatory Prayers except for Fajr (Dawn) Prayer, which he offers after sunrise,
and persists in doing so for many months, even though his wife offers him advice and wakes him for Fajr (Dawn) Prayer. He refuses to wake up because of sleep.The question is about the wife of this man, does she commit a sin by living with him (Part No. 5; Page No. 47) or does she have to ask for divorce?
A:
It is not permissible for the person to delay obligatory Salah (Prayer) after its time is due unless there is a legal excuse such as sleep or forgetfulness. If the husband delays Salah deliberately, as mentioned in the question, the wife has to abandon him and go to live with her family; because intentional delay of offering Salah after its time is due, is Kufr (disbelief) according to the saying of the Prophet (peace be upon him):
That which differentiates us from the disbelievers and hypocrites is our performance of Salat. He who abandons it, becomes a disbeliever.
And his saying:
What makes one a disbeliever and a polytheist is abandoning prayers.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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