upon it. Likewise, when someone commits a prohibited act, he either believes it to be forbidden or he does not. If he believes it to be forbidden yet commits it, he has combined fulfilling an obligation with committing a prohibited act, and thus has both a good deed and a bad deed to his credit. The discussion concerns only matters established by mass transmission for which there is no excuse for failing to believe in their obligatory or forbidden status. As for someone who lacks that belief regarding something he has done or neglected because of an interpretation or ignorance for which he is excused, his failure to hold that belief is treated in the same way as what he has done or neglected on account of such an excusable interpretation or ignorance.
As for the fact that abandoning belief in these religious prescriptions constitutes disbelief, whereas merely committing a prohibited act does not, this has been established in its proper place. Allah’s Book indicates this in His words:
“But if they repent, establish prayer, and give zakāh, then they are your brothers in religion.”
There is agreement that acknowledging these obligations is intended here; disagreement concerns failure to perform them.
Likewise, He says:
“Pilgrimage to the House is a duty owed to Allah by all who can make their way there. And whoever disbelieves—Allah is free of need of all worlds.”
Not believing it to be obligatory and abandoning it constitutes disbelief. Believing in its obligation and performing it must be included in what this text means. As some of the early generations said, this refers to someone who does not regard performing the pilgrimage as an act of righteousness or abandoning it as a sin. As for merely failing to perform it, there is disagreement.
There is also “the report of Abū Burdah ibn Niyār: when the Prophet, peace and blessings be upon him, sent him to a man who had married his father’s wife, he ordered him to strike off his head and take a fifth of his property.” For