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

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.