Tuesday, April 13, 2010

The order missed Solah should be made up.



In what order missed solah because of a legitimate syari’e excuse should be made up?

Suppose one missed out two prayers, Zuhur and ‘Asar. How should one make up the prayers? Does one make it in sequence?

In the Name of Allah, the Most Gracious, the Most Merciful,

All the Praise is to Allah Subhanahu wa ta’ala. Peace and Blessings be upon Prophet Muhammad His Messenger.


It should be offered it as soon as one remembers it.

In the cases of one who inadvertently delays a prayer until its time is over because of a legitimate excuse, such as sleeping or forgetting, he has to perform the prayer as soon as that excuse is no longer in effect, as instructed by the Prophet s.a.w.

The Prophet s.a.w said:

“Whoever forgets a prayer let him offer it as soon as he remembers it, and there is no other expiation but that.”

[Muslim]

The prayers should be done identical to the original and in sequence.

The basic principle making up of the missed prayers because legitimate syari’e excuse is one should done it identical to the original number of raka’ahs he would have prayed if he had offered it on time, no more and no less, and without changing the way it is done.

In the hadith of Abu Qatadah r.a there was a situation of how the Prophet s.a.w and his companions slept and missed Fajar prayer when on a journey, and (they did not wake up) until the sun had risen.

Abu Qatadah r.a said:

“Then Bilal gave the call to prayer, and the Messenger of Allah s.a.w prayed two raka’ahs (of Fajar naafil) then he prayed Fajar, and he did the same as he did every day.”

[Muslim (681)]

Ibn Qudamah r.h said:

“In conclusion, it is essential to offer missed prayers in order. This was stated by Ahmad in several places… and a similar view was narrated from Al-Nakha’i, Al-Zuhri, Rabee’ah, Yahya Al-Ansari, Malik, Al-Layth, Abu Hanifah and Ishaq.

Al-Shafi’e r.h said: “It is not essential, because one is making up an obligatory prayer that has been missed, so it is not essential to offer them in order, as with fasting… Once this is established [i.e permissible in syarie], then it is essential to offer them in order even if they are many. This was stated by Imam Ahmad.”

Malik and Abu Hanifah r.h said that they do not have to be offered in order if there are more than a day and a night of prayers, because doing that with regard to more than that period would be too difficult. So the obligation is waived, just like making up missed Ramadaan fasts in sequence.”

[Al-Mughni, 1/352]

It is clear that offering missed prayers which are permissible should be done in sequence according to the fuqaha; except that the Hanafis and Malikis do not say it is obligatory if the prayers of more than one day and one night have been missed.

The way in which the missed prayers are made up in order is to do the missed prayers in the same order as the prescribed prayers. So, whoever misses Zuhur and ‘Asar, for example, should pray Zuhur first, then ‘Asar.

But according the correct view, the obligation to do them in order is waived in the case of one who forgets or was ignorant, or if there is the fear that the time for the current prayer will end soon, or if one fears missing out on a prayer in congregation.

If a person owes two prayers, Zuhur and ‘Asar, and starts with ‘Asar by mistake or because he is unaware that the missed prayers should be offered in order, his prayer is valid.

If he fears that if he starts with the prayers he would missed the time for ‘Asar prayer will ended, then he should pray ‘Asar first, then pray whatever prayers he owes.

What if he enters the mosque, should he offer the current prayer with the congregation or make up what he has missed first?

Imam Ahmad r.h was of the view that he does not have to offer the prayers in sequence if he fears that he will miss out on praying with the congregation.

In this case he should join the congregation with the intention of offering the missed prayer. Thus if a person who missed his Zuhur and he comes to the mosque and they are praying ‘Asar, he can pray with the congregation with the intention of praying Zuhur; and it does not matter if his intention is different from that of the imam. Then he should pray ‘Asar after that.

His view was also favoured by Shaikh al-Islam Ibn Taimiyyah r.h.

[See Al-Sharh al-Mumti’, 2/138-144]

And Allah Knows Best.
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Excerpted from Fatwa No: 49019 Islam Q&A

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