Response concerning the hadeeth of ‘Ubaadah ibn as-Saamit which appears to suggest that the one who does not pray does not become a disbeliever
Question

                I read a fatwa on your website which says that the one who does not pray out of carelessness and laziness is an apostate, whereas I came across a hadeeth which appears to contradict what you said in your fatwa: “There are five prayers that Allah has enjoined. Whoever does wudoo’ properly for them and offers them on time, bowing properly and focusing with due humility, will have a promise from Allah that He will forgive him, and whoever does not do that will not have such a promise from Allah; if He wills He will forgive him and if He wills He will punish him.” Narrated by Maalik, Abu Dawood, an-Nasaa’i and Ibn Hibbaan; classed as saheeh by a number of imams (leading scholars). What we know is that Allah does not forgive the disbeliever, and the apostate is a disbeliever. So how are the words in this hadeeth, “if He wills He will forgive him and if He wills He will punish him” to be interpreted?
Praise be to Allah.
    This hadeeth was narrated by Abu Dawood 
    (425) and Ahmad (22196) from ‘Ubaadah ibn as-Saamit (may Allah be pleased 
    with him) who said: I heard the Messenger of Allah (blessings and peace of 
    Allah be upon him) say: “There are five prayers that Allah, may He be 
    exalted, has enjoined. Whoever does wudoo’ properly for them and offers them 
    on time, bowing properly and focusing with due humility, will have a promise 
    from Allah that He will forgive him, and whoever does not do that will not 
    have such a promise from Allah; if He wills He will forgive him and if He 
    wills He will punish him.” Classed as saheeh by al-Albaani in Saheeh 
    Sunan Abi Dawood. 

    The words of the Prophet (blessings and 
    peace of Allah be upon him), “If Allah wills He will forgive him” are quoted 
    as evidence by those who think that the one who does not pray does not 
    become a disbeliever. They say: If the one who does not pray becomes a 
    disbeliever, he would not come under the divine will (as mentioned here). 
    But I respond to this argument as follows: 

    ~1~

    the words of the Prophet (blessings and 
    peace of Allah be upon him), “and whoever does not do that” refer to what 
    precedes them, i.e., the one who does not do the five daily prayers in the 
    manner mentioned above, namely offering them on time, bowing properly, 
    focusing with due humility and doing wudoo’ well. The one who does not do 
    that, by falling short with regard to any of the things mentioned above, 
    such as delaying the prayer until the time from it is over, or not focusing 
    with due humility or bowing properly and so on, is subject to the will of 
    Allah, may He be exalted. 

    Based on that, the one who is referred to 
    in the hadeeth is the one who prays, but he does not do the prayer 
    properly. 

    The hadeeth was also narrated in a version 
    which mentions praying regularly. Ibn Maajah (1403) narrated from Abu 
    Qataadah ibn Rib‘i (may Allah be pleased with him) from the Prophet 
    (blessings and peace of Allah be upon him), that he said: “Allah, may He be 
    glorified and exalted, said: ‘I have enjoined on your ummah five prayers and 
    I have made a covenant with Myself that whoever prays them regularly on 
    time, I will admit him to Paradise, and whoever does not pray them 
    regularly, has no such covenant with Me.’” Classed as hasan by Shaykh al-Albaani 
    in Saheeh Sunan Ibn Maajah. 

    Shaykh al-Islam Ibn Taymiyah (may Allah 
    have mercy on him) stated that praying regularly means doing the prayer on 
    time, as enjoined by Allah. Not praying regularly means doing the prayer 
    after the time for it has ended. This is what is meant by neglecting the 
    prayer in the verse in which Allah, may He be exalted, says (interpretation 
    of the meaning): “But then they were succeeded by generations who 
    neglected their prayers” [Maryam 19:59]. As for giving up the prayer, 
    that means not praying, either on time or after the time has ended. 

    Then he (may Allah have mercy on him) 
    said: Once the difference between the two matters is understood, the Prophet 
    (blessings and peace of Allah be upon him) only described as being subject 
    to the divine will the one who does not pray regularly, not the one who 
    abandons prayer. Saying that they do not pray regularly implies that they 
    pray but they do not do so regularly; it does not include those who do not 
    pray regularly [This is how it appears in Majmoo‘ al-Fataawa. Perhaps 
    the correct version is: it does not include those who do not pray.] If it 
    did include them (those who do not pray on time), they would undoubtedly be 
    subject to execution as disbelievers and apostates.

    End quote from Majmoo‘ al-Fataawa 
    (7/615) 

    ~2~

    It may be that the words of the Prophet 
    (blessings and peace of Allah be upon him), “and whoever does not do that” 
    refer to the one who does not offer every prayer; rather he prays sometimes 
    and does not pray sometimes. 

    Shaykh Muhammad ibn ‘Uthaymeen (may Allah 
    have mercy on him) said in ash-Sharh al-Mumti‘ (2/34): 

    There are hadeeths that appear to 
    contradict the hadeeths that indicate (that the one who does not pray) is a 
    disbeliever… That includes hadeeths that speak of the matter in ambiguous 
    terms, which should be interpreted in light of the texts that are 
    unambiguous, such as the hadeeth of ‘Ubaadah ibn as-Saamit (may Allah be 
    pleased with him): “There are five prayers that Allah, may He be exalted, 
    has enjoined. Whoever does wudoo’ properly for them and offers them on time, 
    bowing properly and focusing with due humility, will have a promise from 
    Allah that He will forgive him, and whoever does not do that will not have 
    such a promise from Allah; if He wills He will forgive him and if He wills 
    He will punish him.” This may be understood as referring to the one who does 
    not do the prayers in the manner described, which is bowing and prostrating 
    properly and focusing with proper humility. 

    Or it may be understood as meaning that he 
    does not offer all the prayers; rather he prays sometimes and does not pray 
    sometimes. 

    Or it may be understood as meaning that he 
    does not do a single one of them; rather he neglects all of them. 

    If the hadeeth may be interpreted in all 
    these ways, then it is ambiguous, so it should be interpreted in a way that 
    is in accordance with the unambiguous texts. End quote. 

    For more information, please see the 
    answer to question no. 5208 and 
    2182 

    And Allah knows best.