Ibn Bazz: The ruling on those who offer Al­Fajr Prayer after sunrise

The ruling on those who offer Al­Fajr Prayer after sunrise 

Q: This is a message from Kh. A. Kh. from Riyadh in which he says, "I have a friend who lives near me. We are both very near to the Masjid (mosque) but my friend does not pray Al­Fajr (Dawn) Prayer in the Masjid. He used to spend the night watching television and playing cards to the first hours of the morning and does not offer Al­Fajr Prayer except after sunrise. I blamed him many times but he claimed that he did not hear the Adhan (Call to Salah) even though the Masjid is near as I mentioned. Therefore, I offered to wake him up to offer this prayer and I, actually, went to him many times and woke him up but he did not come to the Masjid. When I returned I found him sleeping. In fact, I blamed him many times and every time he offered insignificant excuses. He always says, "You will be responsible for me before Allah on the Day of Judgment because I am your neighbor." 

(Part No. 10; Page No. 390) 

I hope Your Eminence will enlighten me about this. Is it obligatory on me to wake him up to offer Salah? 

A: It is not permissible for a Muslim to stay awake so that he could not offer Al­Fajr Salah (prayer) in congregation or in its due time even for reciting the Qur'an or learning knowledge. If this is the case, then what one may think of spending the night watching television, playing cards or the like sinful acts that entail the punishment of Allah (Exalted be He). Officials should deal with such people and deter them. However, delaying Al­Fajr Salah until after sunrise is a form of major disbelief if someone does so willfully according to a group of scholars. The Prophet (peace be upon him) said, What makes one a disbeliever and a polytheist is abandoning p r a y e r s . (Related by Muslim in his Sahih). He (peace be upon him) also said, That which differentiates us from the disbelievers and hypocrites is our performance of Salah. He who abandons it, becomes a disbeliever. (Narrated by Imam Ahmad and Ahl­ul­Sunan (authors of Hadith compilations classified by jurisprudential themes) on the authority of Buraydah ibn Al­Hasib (may Allah be pleased with him) with an authentic Isnad i.e. chain of transmitters) There are other Hadiths to the same effect. They prove that whoever delays offering Salah intentionally without a legal excuse is a disbeliever. It is obligatory upon the Muslim to offer Salah at its due time and seek the help of his family or friends to wake him up or to find an alarm clock to set it to the time of Salah. Moreover, no one should sleep so late that he will miss Al­Fajr Salah even if occupied by permitted or recommendable matter, then what is the case with prohibited matters 

(Part No. 10; Page No. 391) 

such as unallowable kinds of entertainment, watching what Allah forbids in television and the like. May Allah set the conditions of everyone right. Dear questioner, you should help him offer Salah and advise him. If he persists in his wrongdoing, you can inform those in authority about him so that they punish him with what he deserves. It is worth mentioning that you are not required to wake him up if he persists in his evildoing, neglecting your effort, and avoiding the useful means. We pray Allah to grant all guidance and adherence to right.