his parents, [it is argued that] he should not be prayed over until he chooses Islam. We argue that he is ruled to be a Muslim, which is similar to the case of him being taken captive while alone, separate from them.

Section: Prayer is performed over all other Muslims, including those who committed major sins, those stoned for adultery, and others. Ahmad said: Whoever faces our Qiblah and prays our prayer, we pray over him and bury him. Prayer is also performed over children born out of wedlock, the adulteress, the one who is executed [by way of retaliation (qisas)] (26), or one killed as a result of a legal punishment (hadd). When asked about one who does not pay the Zakat on his wealth, he said: Prayer is performed over him, as it is not known that the Messenger of Allah (may Allah bless him and grant him peace) refrained from praying over anyone except the one who commits suicide and the one who misappropriates war booty. This is the view of Ata, al-Nakha'i, al-Shafi'i, and the people of reason (ashab al-ra'y), except that (27) Abu Hanifah said: Prayer is not performed over the rebels (bughat) or those who wage war (muharibin), because they have separated themselves from the people of Islam and are similar to the people of the Abode of War (dar al-harb). Malik said: Prayer is not performed over one killed in a legal punishment (hadd), because Abu Barzah al-Aslami said: The Messenger of Allah (may Allah bless him and grant him peace) did not pray over Ma'iz ibn Malik, and he did not forbid praying over him. Narrated by Abu Dawud (28). We rely on the statement of the Prophet (may Allah bless him and grant him peace): "Pray over whoever says: There is no god but Allah" (29). Al-Khallal narrated it with his chain of transmission. Al-Khallal also narrated with his chain of transmission from Abu Shumaylah that the Prophet (may Allah bless him and grant him peace) went out to Quba' and was met by a group of the Ansar carrying a funeral bier on a door. The Prophet (may Allah bless him and grant him peace) said: "What is this?" They replied: A slave belonging to such-and-such family. He said: "Did he testify that there is no god but Allah?" They said: Yes, but he was such and such (referring to his sins). He said: "Did he pray?" They said: He used to pray and sometimes neglect it. He said to them: "Go back with him, wash him, shroud him, pray over him, and bury him. By the One in Whose hand is my soul, the angels nearly intervened between me and him." As for the people of war (ahl al-harb), they are not to be prayed over because they...