You haven’t prayed a previous prayer due to a legislated excuse and then you hear the iqama being made for the next

Question:

A person overslept the Fajr prayer and then remembered while he was praying Thuhr.

Then he completed the Thuhr prayer and then prayed the Fajr prayer.

Is his prayer valid.

Benefit us may Allah reward you with good.

Answer:

Because he started the Thuhr prayer with the intention of it being the Thuhr prayer; he doesn’t cut it short.

Rather he continues in his prayer and then when he completes it, he prays the Fajr prayer after.

The proof being what has been reported by Muslim on the authority of Abu Hurayra, may Allah be pleased with him, that the Prophet ﷺ said:

(إذا أقيمت الصلاة؛ فلا صلاة إلا المكتوبة)

“If the Iqama for the prayer is made; then there no prayer but the obligatory prayer.”

And based upon what is in the ‘two Sahihs’ on the authority of Ibn Mas’ūd, may Allah be pleased with him, that the Prophet ﷺ said

(إن في الصلاة شغلا)

“Verily there is complete preoccupation in the prayer.”

Likewise if he came and the Iqama was made for the second prayer, and he hasn’t performed the Takbīratl Ihrām of prayer, then he prays the prayer which is in front of him and he doesn’t hold to the Tartīb (i.e the first coming first) in this scenario.

Shaykh-ul-Islām Ibn Taymiyyah, may Allah have mercy upon him, as found in ‘Majmū’l Fatāwa’ said:

“Scenario:
There is a man who missed the ‘Asr prayer, and he approached the Masjid and found that the Iqama was made for Maghrib.
Does he pray what he missed before Maghrib or not?

The answer:

All praise is to Allah lord of all that exists, rather he prays Maghrib with the Imām, and then prays ‘Asr by unanimous agreement of the Imāms.

But does he repeat Maghrib?
There are two positions in this:

◾️One of them:

He repeats, and thus is the position of:
➖Ibn ‘Umar
➖Mālik
➖Abu Hanēfa
➖Ahmed in that which is well known from him.

◾️The other:

He doesn’t repeat Maghrib, this is the position of:
➖Ibn ‘Abbas
➖Shāfi’ē
➖And it’s the other position in the Madh-hab of Ahmed.

And the second position is more correct, because Allah has not obligated upon a slave to pray a prayer twice if he feared Allah as much as he was able.
And Allah knows best.”
[End of speech]

In this second scenario, it’s permissible for him to enter into the prayer intending the first prayer, and then to pray the second, paying attention therewith to the Tartīb.

Based upon that which has come in the evidences of the permissibility of differing in intention between the Imām and those attending the congregation.

Except that Shaykh-ul-Islām relayed a consensus upon that there is no paying attention to the Tartīb in that scenario -as has preceded-, so it’s a must to proceed this position due to the consensus which has been relayed.

And Allah knows best.

Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.

Source:
t.me/abouhatem/327

Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani.