his sins, not for disbelief, and his Muslim heirs inherit from him.
Their evidence is the statement of Abū Bakr al-Siddīq, made among a group of the Companions concerning those who withheld the zakat due on their wealth: “By Allah, I will fight anyone who distinguishes between prayer and zakat.” He fought them but did not enslave them, because they had neither disbelieved after believing nor associated partners with Allah. They said to Abū Bakr: “We have not disbelieved after believing; rather, we were unwilling to part with our wealth.”
They also cite the Prophet’s statement, peace and blessings be upon him: “I have been forbidden to kill those who pray.” This indicates that he had been commanded to kill those who do not pray. Likewise, it is narrated that he, peace and blessings be upon him, said: “There will be rulers over you whose conduct you will approve of in some respects and reject in others. Whoever condemns it is free of blame, and whoever dislikes it is safe—but whoever approves and follows…” They asked: “O Messenger of Allah, should we not fight them?” He replied: “No, so long as they perform the five prayers.” This indicates that those who do not perform the five prayers are to be fought.
They also cite his statement concerning Mālik ibn al-Dukhshun: “Does he not pray?” They replied: “Yes, but his prayer counts for nothing.” He said: “Those are the people whom Allah has forbidden us to kill.” This indicates that, had he not prayed, he would not have been among those whom Allah had forbidden him to kill; rather, he would have been among those whom Allah had commanded him to kill.
All these reports thus indicate that such a person is to be killed, but they do not establish his disbelief. They interpreted the reports whose apparent meaning declares those who abandon prayer to be disbelievers in the same way that they interpreted his statement, peace and blessings be upon him:
“One who commits unlawful sexual intercourse is not a believer while doing so, nor is one who steals a believer while stealing.”
They likewise interpreted them as they interpreted:
“Insulting a Muslim is sinful conduct, and fighting him is disbelief.”
And his statement, peace and blessings be upon him:
“Do not revert after me to being disbelievers, striking one another’s necks.”
It has been narrated from ‘Abd Allāh ibn ‘Abbās that he said: “[Insulting a Muslim] is not the disbelief that