Important Fataawaa related to the Salaah - Sh `Abdul-`Azeez bin Baaz

[Yusuf.McNulty.al.Irlandee]

Question:

If someone needs to make up a prayer [1], Dhuhr for example, and he only remembers that he needs to pray it when the iqaamah for the `Asr prayer (jamaa`ah) is made, does he join the jamaa`ah with the intention of `Asr or Dhuhr? Or should he pray Dhuhr on his own first, and then pray `Asr straight afterwards (whether he catches the jamaa`ah or not)?

Also, what is the meaning of the statement of the Fuqahaa’ [2]: “If it is feared the current prayer will come to an end; keeping the correct order is ommitted.” Would fear of missing the jamaa`ah fall under this (i.e. to pray `Asr in jamaa`ah first, then make up Dhuhr afterwards)?


Sh `Abdul-`Azeez Ibn Baaz:

What’s legislated for the person mentioned in the question is that he prays along with the jamaa`ah, but with the intention of Dhuhr, then afterwards he should pray `Asr. This is because to keep the prayers in order is an obligation, and to merely fear that you will miss the jamaa`ah for the current prayer doesn’t allow you to lose the correct order.

As for what the Fuqahaa’ say: “If it is feared the current prayer will come to an end; keeping the correct order is ommitted.” Then it means: If a person has a prayer he needs to make up, then he should begin by praying that prayer first, before the current prayer. However, if the current prayer was about to finish and its time is almost over, then he should begin with the current prayer first (so that he doesn’t end up missing that prayer as well).

An example of this would be if someone hadn't prayed `Ishaa, but he only remembers the next morning just before the sun is about to rise and he has not yet prayed Fajr, in this case he begins by praying Fajr, before it’s time comes to an end, because this time is specific for this prayer. Thereafter he prays/makes up the prayer he missed (`Ishaa).


- Translated by Yusuf McNulty
- Fataawaa Muhim-mah Ta-ta`al-laqu bis-Salaah
- Question no.9, page. 12


[1] Translator's Note:

It should be understood here that the terms 'missed', 'make up', etc are only referring to a case where someone has missed the time of a prayer but has a legislated excuse, in which case such an individual would not be sinful but would still have to make up the prayer. Legislated excuses, as mentioned by the `Ulamaa, are being overcome by sleep (without intentionally making oneself extremely tired, knowing that they won’t be able to awake) and genuinely forgetting to pray. So when one wakes up, or remembers that they haven’t prayed, they hasten to the prayer and there is no sin upon them. In the case that someone knowingly and purposely misses the prayer, and doesn’t pray it until the time has come to an end, then in this case he could never make it up.

The Eminent Shaykh and Faqeeh, Muhammad Ibn Saalih al-`Uthaymeen – rahimahullaah, was asked: “If someone purposely didn’t pray, but then repented from this, would he have to make up the prayer/s he missed?"

The Shaykh responded: “The one who leaves a prayer purposely and then afterwards repents to Allaah, the scholars have differed over whether he has to make up the prayer he missed or not, the scholars have two opinions in this scenario.

That which seems stronger to me is the opinion of Shaykhul-Islaam Ibn Taymiyyah – rahimahullaah, that the one who purposely doesn’t pray a prayer up until its legislated time comes to an end, then it would be of absolutely no benefit to him if he tried to make up that prayer.

This is because acts of worship that have been given specified times must be performed in those specified times, just like how it wouldn’t be correct to perform that act of worship before its specified time, likewise it wouldn’t be correct to perform it after, because the limits that Allaah has set must be recognised and adhered to. So this prayer which the Legislator (Allaah) has made obligatory upon us from such and such time to such and such time, then this is its legislated time.

Just like how a prayer performed in a place in which it’s not allowed to pray (translator's note: toilet, graveyard, etc) would not be correct/accepted, likewise a specific prayer performed in a time which was not made the time for that specific prayer would not be correct/accepted either.

However, the one who has purposely missed a prayer should make much tawbah (repentence) and istighfaar (seeking of forgiveness), and perform many righteous deeds. In such a case we hope that Allaah, the Most High, would pardon him and forgive him for the prayer/s he left.

And Allaah is the Grantor of Success.”

(Fataawaa Arkaanil-Islamaam, pg.280-281) [End of quote]

[2] Translator's Note:

Fuqahaa’ are those scholars who specialise in the science and implementation of Fiqh, past and present.