#463: Ruling on Praying Maghrib behind One Praying ʿIshā

QUESTION

“Sir I want to know the ruling towards this action…I sent it to you through this place (your personal number) but I will resend…You couldn’t get to pray your magrib due whatever reason so you went to mosque during isha prayer, you joined the prayer with the intention of praying magrib at the 3rd rakah you waited to behind to read your atayah after which the congregation joined you on the sitting and you all say the Salam together. Please, what is the ruling towards this?”

ANSWER

Alhamdulillāh. Firstly, we apologize sincerely for the delay in answering your question. We ask Allah to guide us all and to make the task easy for us, āmīn.

What is first obligatory upon you in this situation is to seek profound forgiveness from Allāh ta’ālā for delaying the Salāt beyond its time.

Allāh has indeed mentioned to us that the Salāt must not be delayed beyond its time:

إِنَّ الصَّلَاةَ كَانَتْ عَلَى المُؤْمِنِينَ كِتَابًا مَوْقُوتًا {النساء:103}
“Indeed the Salāt is obligated on the Beleivers on specific times ordained.”

The Ulamā differed on the ruling of a one who is observing Maghrib to perform Salāt behind the one who is observing Ishā. Some of the Fuqahā disallowed this and maintained that for the Salāt of a follower to be allowed behind an Imām, their intentions must be same. This is the official position of the Maliki School and some of the Imāms in the Hanbali school.

The Shāfi’ī madhhab considered it permissible. Imām An-Nawawī – rahimahullāh – said:
“Thus our School’ position is that the Salāt of Nafl (Voluntary) is accepted behind an Obligatory one, and an obligatory one behind the Voluntary. Likewise, an Obligatory one behind another obligatory one with same number of Raka’āt such as Dhuhr behind ‘Asr. Same, it is permissible to observe an obligatory Salāt behind another Obligatory Salāt that is shorter in its raka’āt. All of these are permissible without differences of opinions in our School.”
This was mentioned by him in the Majmū’.

He also said:
“And if the number of Raka’āt of the follower is less such as the one who is observing Dhuhr behind four raka’āt Salāt or behind Maghrib. Or he observes Maghrib behind a four Raka’a, there are two positions mentioned by the Khurasānis in our School. The more correct of both, and which is the undisputed position of the Irāqis is its permissibility, just as its opposite. The second, mentioned by the Khurāsānis the sounder of which is its impermissibility.”

And the Shāfi’ī position is correct. That it is permissible to make such Salāt.

However, there is a Qā’idah in Fiqh that says:
الخروج من الخلاف مطلوب
“It is prescribed to avoid positions of differences of opinions”

Therefore, if you can avoid praying in such a manner, it is recommended by some Imāms.

Now, if you have joined the Salāt in accordance to the most correct position, how would you observe the Salāt?

First method:
Observe three raka’āts with the Imām and on the third Raka’a, sit, make the Tashahhud and make the taslim, while the Imām is on his fourth Raka’a. Then rise and make the niyya for Isha and join the last raka’a as your first raka’a for Isha.

Second Method:
Observe three raka’āt then sit in the tashahhud position and wait for the Imām to observe the last raka’a and meet you in the sitting position, then do the taslim together.

The two methods mentioned here were the verdicts of Imām Ash-Shāfi’ī, one of the positions of his student Imām Ahmad as was mentioned in Al-Insāf by Al-Mardāwī and the position and verdict of Shaykhu Al-Islam Ibn Taymiyyah – rahimahullāh.

An-Nawawī – rahimahullāh – said in Al-Majmū’:
“And if he intends to observe Subh behind the one who is observing Dhuhr and his own Salāt comes to completion, if he wills, he should wait in the Tashahhud position until the Imām finishes and join him in sitting and they could make the Salām together. This is better. Otherwise, he should intend differing with the Imām and thereby make the Taslīm. His differing here with the Imām does not void his Salāt. There is no difference of verdicts in this regard (in our school). This is because there is no possibility to allign (with the Imam here). This also applies in other similar situations.”

That said, there is nothing wrong in the way you observed your Salāt as you mentioned in the Question.

In this regard, I would like to draw attention to the Question we answered in the last Halqah which has to do with the Funny Salāt Question

As in, one can pray say; asri behind one who is praying a nafl?

A concern was raised by a brother on the possibility of the followers terminating their Salāt before the Imām.

The statement of Imām An-Nawawī above settles that doubt, and Allāh knows best.

Bārakallāhu Fīkum
Jazākumullāhu Khayran.

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