Section: If one prays behind a person whose Islam or hermaphroditism one doubts, their prayer is valid, provided it does not become clear that the imam is a disbeliever or a problematic hermaphrodite; because the manifest state of those who pray is Islam, especially if they are an imam, and the manifest state is also safety from being a hermaphrodite, especially for one who leads men in prayer. If it becomes clear after the prayer that the imam was a disbeliever or a problematic hermaphrodite, then the follower must repeat the prayer, according to what we have explained. If the imam is one who sometimes submits and at other times apostatizes, one should not pray behind him until one knows what religion he is upon. If one prays behind him without knowing his state, we look into it: if he knew of his Islam before the prayer and doubted his apostasy, he is considered a Muslim. But if he knew of his apostasy and doubted his Islam, his prayer is not valid. If he knew of his Islam and prayed behind him, and then the imam said after the prayer, "I had not submitted" or "I had apostatized," the prayer does not become void; because his prayer was valid according to legal ruling, and the statement of this person is not accepted in invalidating it, as he is from those whose statement is not accepted. If one prays behind someone whose apostasy he knew, and the person says after the prayer, "I have submitted," his statement is accepted; because he is from those whose statement is accepted.

Section: Our companions said: A person is judged to be a Muslim by the act of prayer, whether he is in the territory of war (dar al-harb) or in the territory of Islam (dar al-Islam), and whether he prays in congregation or alone. If he persists in Islam after that, there is no issue; but if he does not persist in it, he is an apostate and the rulings regarding apostates apply to him. If he dies before anything contradicting Islam appears, he is a Muslim, and his Muslim heirs inherit from him to the exclusion of the disbelievers. Abu Hanifah said: If he prays in congregation or alone in the mosque, it is as we said, but if he prays alone outside of the mosque, he is not judged to be a Muslim. Some of the Shafi'is said: He is not judged to be a Muslim under any circumstances; because prayer is one of the branches of Islam, so he does not become a Muslim by performing it, like Hajj and fasting; and because the Prophet (peace and blessings of Allah be upon him) said: "I have been commanded to fight the people until they say: There is no god but Allah; if they say it, they protect their blood and wealth from me, except for its right."