Be careful who you call "Kafir"

[CarlEdwardRoss]

Bismillah ir-rahmaan ir-raheem
Al-hamdu lillah ir-rahmaan ir-raheem
Allahumma salli ala Nabi Muhammad wa ala ali Nabi Muhammad
As-salaamu laykum wa-rahmatullahi wa barakatuhu

Volume 8, Book 73, Number 70: Narrated 'Abdullah:
Allah's Apostle said, "Abusing a Muslim is Fusuq (i.e., an evil-doing), and killing him is Kufr (disbelief)."

Volume 8, Book 73, Number 71:
Narrated Abu Dhar:
That he heard the Prophet saying, "If somebody accuses another of Fusuq (by calling him 'Fasiq' i.e. a wicked person) or accuses him of Kufr, such an accusation will revert to him (i.e. the accuser) if his companion (the accused) is innocent."

Dear Muslims;
I am sure there are some wondering why I am writing this. Ma’shallah, I write these words out of love for those who say “La illaha illallah, Muhammadan rasoolullah”. A few years ago someone on this forum said I was not a Muslim because this person thought that I had called them homosexual, which I did not, and she considered this wrong, saying that this was something we, I supposed Muslims in London, do not do, therefore, etc, etc. What it amounted to at most was backbiting or slander. Over the years, after visiting a few countries and speaking to Muslims from all over the world and yes I have been to Morocco a few times. I have noticed much confusion of what it means to move from belief to disbelief in Islam. The mistake is confusing acts of sin with acts of disbelief that is, sinners (Fasiqun) with disbelievers(Kafirun). Just because someone backbites you or smokes a cigarette, this would not mean disbelief(Kufr). People who backbite, smoke cigarettes and even drink wine are commiting acts of sin(Fasiq).

Volume 8, Book 81, Number 775:
Narrated 'Ubada bin As-Samit:
We were with the Prophet in a gathering and he said, 'Swear allegiance to me that you will not worship anything besides Allah, Will not steal, and will not commit illegal sexual intercourse." And then (the Prophet) recited the whole Verse (i.e. 60:12). The Prophet added, 'And whoever among you fulfills his pledge, his reward is with Allah; and whoever commits something of such sins and receives the legal punishment for it, that will be considered as the expiation for that sin, and whoever commits something of such sins and Allah screens him, it is up to Allah whether to excuse or punish him."
If this were not true and every sin did lead every Muslim out of the fold of Islam then there would be no Muslims because it was narrated by Ibn ‘Abbaas (may Allaah be pleased with him) said: “I have never heard any better definition of ‘small faults’ [al-Najm 53:32] than that which Abu Hurayrah (may Allaah be pleased with him) narrated from the Prophet (peace and blessings of Allaah be upon him): ‘Allaah has decreed for every son of Adam his share of zinaa, and there is no way to escape from it. The zinaa of the eye is a glance, the zinaa of the tongue is speaking, and the zinaa of the mind is wishing and hoping; then the private part either acts upon this or it does not.’” (Reported by al-Bukhaari, 11/26; Muslim, 4/2046).

So you can see that the sins would be many. This would not be to say that committing sins would be okay. The general thought would be that one who continued to commit sins without repenting would eventual commit an act of disbelief. Also be careful of forsaking fellow Muslims due to sins because:

Volume 8, Book 74, Number 254:
Narrated Abu Aiyub:
The Prophet said, "It is not lawful for a Muslim to desert (not to speak to) his brother Muslim for more than three days while meeting, one turns his face to one side and the other turns his face to the other side. Lo! The better of the two is the one who starts greeting the other."

Book 41, Number 4896:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: It is not allowable for a Muslim to keep apart from his brother for more than three days, for one who does so and dies will enter Hell.

Book 41, Number 4897:
Narrated AbuKhirash as-Sulami:
AbuKhirash heard the Apostle of Allah (peace_be_upon_him) say: If one keeps apart from his brother for a year, it is like shedding his blood.

Volume 1, Book 3, Number 122:
Narrated Jarir:
The Prophet said to me during Hajjat-al-Wida': Let the people keep quiet and listen. Then he said (addressing the people), "Do not (become infidels) revert to disbelief after me by striking the necks (cutting the throats) of one another (killing each other)."

Which brings us to what does cause one to revert from belief to disbelief. Basically, disbelief(Kufr) involves intentionally neglecting one of the five pillars of Islam. The proof for this is:
Volume 2, Book 23, Number 483:
Narrated Abu Huraira:
When Allah's Apostle died and Abu Bakr became the caliph some Arabs renegade (reverted to disbelief) (Abu Bakr decided to declare war against them), 'Umar, said to Abu Bakr, "How can you fight with these people although Allah's Apostle said, 'I have been ordered (by Allah) to fight the people till they say: "None has the right to be worshipped but Allah, and whoever said it then he will save his life and property from me except on trespassing the law (rights and conditions for which he will be punished justly), and his accounts will be with Allah.' " Abu Bakr said, "By Allah! I will fight those who differentiate between the prayer and the Zakat as Zakat is the compulsory right to be taken from the property (according to Allah's orders) By Allah! If they refuse to pay me even a she-kid which they used to pay at the time of Allah's Apostle . I would fight with them for withholding it" Then 'Umar said, "By Allah, it was nothing, but Allah opened Abu Bakr's chest towards the decision (to fight) and I came to know that his decision was right."
These people had prayed and declared faith in Allah(soubhanna wa taa’la) and his Messanger(salli allahu alayhi wa salaam) but did not want to pay zakat when they were supposed to this was an act of disbelief which is why the Caliph ordered them to be killed.
Some simple examples of disblief(Kufr):
(1) Believing that one is(you are) a god or that there are many gods.
(2) Believing that praying five times a day at the proper times is not necessarily or one need not pray at all.
(3) Not fasting during Ramadaan without an excuse according to Shariah
(4) Not paying zakat because you do not believe in paying zakat no matter what
(5) Not attending Hajj without an excuse and the means were present

Beyond these very simple examples, most acts of disbelief(Kufr) involve acts of major polytheism/atheism(Shirk) which either one cannot repent from or must repent from before re-entering the fold of Islam. The following would be some hadiths relating to disblief(Kufr):

Volume 4, Book 54, Number 415:
Narrated Abu Huraira:
Allah's Apostle said, "Allah the Most Superior said, "The son of Adam slights Me, and he should not slight Me, and he disbelieves in Me, and he ought not to do so. As for his slighting Me, it is that he says that I have a son; and his disbelief in Me is his statement that I shall not recreate him as I have created (him) before."

Volume 5, Book 59, Number 380:
Narrated Zaid bin Thabit:
When the Prophet set out for (the battle of) Uhud, some of those who had gone out with him, returned. The companions of the Prophet were divided into two groups. One group said, "We will fight them (i.e. the enemy)," and the other group said, "We will not fight them." So there came the Divine Revelation:-- '(O Muslims!) Then what is the matter within you that you are divided. Into two parties about the hypocrites? Allah has cast them back (to disbelief) Because of what they have earned.' (4.88) On that, the Prophet said, "That is Taiba (i.e. the city of Medina) which clears one from one's sins as the fire expels the impurities of silver."

Book 40, Number 4586:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: Controverting about the Qur'an is disbelief.

Soubhanna Allah wa-bihamdihi;
Sheik Ieesa ibn Mhamed

[lazzhar]

Originally Posted by CarlEdwardRoss

....
Some simple examples of disblief(Kufr):
(1) Believing that one is(you are) a god or that there are many gods.
(2) Believing that praying five times a day at the proper times is not necessarily or one need not pray at all.
(3) Not fasting during Ramadaan without an excuse according to Shariah
(4) Not paying zakat because you do not believe in paying zakat no matter what
(5) Not attending Hajj without an excuse and the means were present
...

Salam and thanks for the great post.
3 and 5 seem to me not fitting in this list and wondering how this could be possible. I think it would be more accurate to say that it's about someone denying the hajj and fasting in ramadan are both an obligation. Otherwise we are making distinguishing between similar cases.

[CarlEdwardRoss]

Bismillah al-rahmaan ir-raheem
Al-hamdu lillah ir-rahmaan ir-raheem
Allahumma salli ala Nabi Mhamed wa ala ali Nabi Mhamed
As-salaamu laykum wa-rahmatullahi wa barakatuhu

Dear lazzhar ;
I would admit that after posting the simple examples I began to think that they were too simple. The issue would be more complicated than I attempted to make it seemed. I would not be sure what you would be having problems with exactly in the examples therefore in the following I tried to answer all points I thought of. The hadith I cited involving the “Muslims” who refused to pay zakat would be of the highest authenticity meaning it was narrated in the Saheeh of al Bukhaari and Muslim and would be a known historical fact of the Caliph Abu Bakr(radhi allahu anhu). One of the very first decisions of the first caliphate was what to do about these apostates who would not pay zakat. If you would examine the hadith concerning the apostates refusal to pay zakat closely, you would see that it was not simply about owing money but that these people were choosing which pillars to obey. These apostates would pray but decided they would not pay zakat therefore they were attacked by Abu Bakr(radhi allahu anhu) because this would not be Islam. It would not matter if the apostates had otherwise refused to fast during ramadan or refused Hajj. This was the point I was making with that hadith. Abandoning one of the pillars of Islam is disbelief. It would not just be abandoning prayer as some scholars think due to another hadith that indicated such. If this was true someone could declare themselves a god , pray according to sunnah and still be considered a Muslim which would obviously be wrong.

Allah(soubhanna wa taa’la) said,“And whoever invokes (or worships) besides Allaah, any other god of whom he has no proof, then his reckoning is only with his Lord. Surely! Al-kaafiroon (the disbelievers) will not be successful.” [al-Mu’minoon 23:117]

How could you commit the greatest sin, shirk, and be Muslim. Allah(soubhanna wa taa’la) would not forgive shirk.
“Verily, Allaah forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills” [al-Nisaa’ 4:48, 116].

There is a fine line between major disobedience and disbelief. Examine the concept of hadd punishment. Every act of disbelief would be a sin(disobedience) but not every disobedience is disbelief. If a Muslim knew that fasting would be obligatory during Ramadan and did not fast with no excuse due to his own desire then this would be disbelief because acting according to your desires would be a form of mocking. Allah(soubhanna wa taa’la) warned many times about acting according to desires and described many times the disbelievers as acting according to their desires.Allah(soubhanna wa taa'la) said:
Say: Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?
Make no excuse; you disbelieved after you had believed”
[al-Tawbah 9:65-66]

“O you who believe! ...So follow not the lusts (of your hearts), lest you avoid justice; and if you distort your witness or refuse to give it, verily, Allaah is Ever Well-Acquainted with what you do” [al-Nisa’ 4:135]

It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is a believer at the time when he is committing adultery; no thief is a believer at the time when he is stealing; no drinker of wine is a believer at the time when he is drinking it.” Narrated by al-Bukhaari (2334) and Muslim (57).
Imagine how a believer who refused to fast or perform hajj without repenting would be judged from the hadith mentioned above. How could he be a believer constantly living in sin from not making up, not expiating nor repenting from this. Also we would learn from the ayat following that eventual such people will receive punishment from Allah(soubhanna wa taa’la) for disobedience
“. . . And let those who oppose the Messenger’s commandment beware, lest some fitnah (trial, affliction, etc.) befall them or a painful torment be inflicted on them.” [al-Nur 24:63]

“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence); and whoever disbelieves [i.e. denies Hajj (pilgrimage to Makkah), then he is a disbeliever of Allaah], then Allaah stands not in need of any of the ‘Aalameen (mankind, jinn and all that exists)”
[Aal ‘Imraan 3:97]

Al-Bukhaari (8) and Muslim (16) narrated that Ibn ‘Umar (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Islam is built on five (pillars): the testimony that there is no god but Allaah and Muhammad is the Messenger of Allaah; establishing prayer; paying zakaah; Hajj; and fasting Ramadaan.”

Abu Ya’la narrated in his Musnad from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “The bonds of Islam and the bases of religion are three, on which Islam was founded. Whoever gives up one of them becomes a kaafir thereby and it is permissible to shed his blood: the testimony that there is no god but Allaah, the prescribed prayers and fasting Ramadaan.”
This hadeeth was classed as saheeh by al-Dhahabi, and as hasan by al-Haythami in Majma’ al-Zawaa’id, 1/48, and by al-Mundhiri in al-Targheeb wa’l-Tarheeb, no. 805, 1486. Classed as da’eef by al-Albaani in al-Silsilah al-Da’eefah, no. 94.
Al-Dhahabi said in al-Kabaa’ir, p. 64.
Whoever does not fast in Ramadaan without being sick or having any other excuse that allows him not to fast is more evil than the adulterer or drunkard, indeed they doubted his Islam and thought that this was heresy.
A saheeh report which warns against not fasting was narrated by Ibn Khuzaymah (1986) and Ibn Hibbaan (7491) from Abu Umaamah al-Baahili who said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Whilst I was sleeping two men came to me and took my by the arm and brought me to a cragged mountain. They said, ‘Climb up.’ I said, ‘I cannot.’ They said, ‘We will make it easy for you.’ So I climbed up until I was at the top of the mountain. Then I heard loud voices. I said, ‘What are these voices?’ They said, ‘This is the howling of the people of Hell.” Then I was taken until I saw people hanging by their hamstrings, with the sides of their mouths torn and blood pouring from their mouths.’ I said, ‘Who are these?’ He said, ‘These are people who broke their fast before it was time.’” Classed as saheeh by al-Albaani in Saheeh Mawaarid al-Zam’aan, no. 1509.

Soubhanna wa bihamdihi,
Sheikh Ieesa Ibn Mhamed

[lazzhar]

Salam Sheikh Ieesa.
Thanks for the answer.

I agree with you about the case of Abu Bakr (ra) with people that didn't pay zakat. What they did is a disobedience of the caliph's orders and giving a new "wrong" interpretations of the Zakat. They claimed that they don't have to pay it because the prophet peace be upon him has died and it's over. This is a manipulation of Islamic texts which is obviously leading to a disbelief. therefore you can project the same image on somebody refuses to practice the main pillars of islam with a belief that he is not concerned, especially if he challenges the actual authorities that try to oblige him to abide by the islamic laws.
Still, if someone doesn't practice something it doesn't mean he doesn't admit he has to or mocking at. People are weak and they could fall in all kind of malicious ideas and acts but in the end of the day they regret what they did.
What I want to say is that everyone has to try to make see the line between "major disobedience and disbelief" as blurry as possible because making it very fine will make it easy for people do fall in takfir of people. I prefer make the mistake to take someone as a muslim instead if take a muslim as a kafir.

[CarlEdwardRoss]

Bismillah ir-rahmaan ir-raheem
Allahumma salli ala Mhamed wa ala ali Mhamed
As-salaamu laykum
Aoodthu billahi min ash shaytaan ir-rajeem

Translation of Sahih Muslim, Book 10:
The Book of Transactions (Kitab Al-Buyu`)
Chapter 41: ACCEPTING THAT WHICH IS LAWFUL AND ABANDONING THAT WHICH IS DOUBTFUL
Book 010, Number 3882:

Nu'man b. Bashir (Allah be pleased with him) reported: I heard Allah's Messenger (may peace be upon himn) as having said this (and Nu'man) pointed towards his ears with his fingers):What is lawful is evident and what is unlawful is evident, and in between them are the things doubtful which many people do not know.So he who guards against doubtful things keeps his religion and honour blameless, and he who indulges in doubtful things indulges in fact in unlawful things, just as a shepherd who pastures his animals round a preserve will soon pasture them in it. Beware, every king has a preserve, and the things God his declaced unlawful are His preserves. Beware, in the body there is a piece of flesh; if it is sound, the whole body is sound and if it is corrupt the whole body is corrupt, and hearken it is the heart.

Brother lazzhar ;
Imagine if you were an imam or qadi(judge) in a Muslim community and two Muslims begin to fight or one accuses the other of kufr. A decision must be made. One can not simply ignore the issue because the cohesiveness of the community is most important. The sinner and sinless can not be the same in punishment and reward. Allah(soubhanna wa taa'la) says:

“The likeness of the two parties is as the blind and the deaf and the seer and the hearer. Are they equal when compared? Will you not then take heed? [Hood 11:24]

Loving disbelievers is not permissable. Allah(soubhanna wa taa'la) says:

“You (O Muhammad) will not find any people who believe in Allaah and the Last Day, making friendship with those who oppose Allaah and His Messenger (Muhammad), even though they were their fathers or their sons or their brothers or their kindred (people).” [al-Mujaadilah 58:22]

“Those who take disbelievers for Awliyaa’ (protectors or helpers or friends) instead of believers, do they seek honour, power and glory with them? Verily, then to Allaah belongs all honour, power and glory” [al-Nisaa’ 4:139]

“…And if any amongst you takes them as awliya’, then surely he is one of them.” [al-Maa’idah 5:51].

This is why it is important for us to distinguish between disbelief and disobedience. Besides there is a difference between one who ignores Fajr prayer out of disbelief then returns to regular prayer and someone who never returns. I agree we must be careful in these matters.

And the Prophet (peace and blessings of Allaah be upon him) forbade every harmful thing, whether that is food, drink or anything else. He said: “There should be neither harming nor reciprocating harm.” Narrated by Ibn Maajah (2340) and classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (896).

You do mention a key point that of humans not being perfect and falling into error. I do mention this previously that all of us have a portion of sin in this world otherwise we will be like Allah(soubhanna wa taa'la), that is, perfect. We all agree that this can not possibly be the case. Allah(soubhanna wa taa'la) is one without partners. If someone does not pray or fast we do not know what is in there hearts. Allah(soubhanna wa taa'la) says:

“Say: ‘None in the heavens and the earth knows the ghayb (unseen) except Allaah…’” [al-Naml 27:65]

If someone forgets to pray or fast, does not know to pray or fast or someone forces another to not pray or fast, this does not mean disbelief. These are valid excuses. Feeling regret in cases of clear negligence, this is a sign of return to faith and repenting and as I mention before once expiation is made for the sin then all is well. Remembering also that in some cases expiation is stoning to death. Because there is excuse and expiation for sins in Islam, this does not mean that we as a community must sit around while disbelievers kill us, proclaim themselves god and clearly neglect the requirements of Islam. These people must be held accountable for their actions because this is apart of the requirements of Islam too.

Soubhanna allah wa-bihamdihi,
Sheikh Ieesa Ibn Mhamed