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  165- Ruling on joining Salah while the Imam is in Ruku`

From `Abdul-`Aziz ibn `Abdullah ibn Baz to the honorable brother M.A.S, may Allah guide you and me to comprehend the Sunnah (whatever is reported from the Prophet) and Qur'an. Amen!

As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you!)I received your letter. The questions it includes are known and answered as follows: [8] Q 1: If someone joins the Salah (Prayer) when the Imam (the one who leads congregational Prayer) is performing Ruku` (bowing), will he be regarded as having performed a Rak`ah (unit of Prayer)? A: Concerning this issue, scholars (may Allah be merciful to them) have two different views. The first view is that he will not be regarded as having performed a Rak`ah, because he did not recite Al-Fatihah, which is Fard (obligatory) in Salah. This view is reported from Abu Hurayrah and supported by Al-Bukhari who cited in his book entitled Juz' Al-Qira'ah those who support the opinion that the Ma'mum (person being led by an Imam in Prayer) is required to recite Al-Fatihah. The same opinion was cited in the book entitled `Awn Al-Ma`bud as supported by Ibn Khuzaymah and a group of the followers of the Al-Shafi`iyyah (followers of Imam Al-Shafi`y) Furthermore, Al-Shawkany in his book Al-Nayl advocated this view and explained its proofs.

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  The second view, on the other hand, is that he will be regarded as having performed a Rak`ah. Al-Hafizh Ibn `Abdul-Bar reported it from `Aly, Ibn Mas`ud, Zayd ibn Thabit and Ibn `Umar (may Allah be pleased with them) and also from the majority of scholars including the Four Imams (Abu Hanifah, Malik, Al-Shafi`y, and Ahmad), Al-Awza`y, Al-Thawry, Is-haq, and Abu Thawr. In a separate research, Al-Shawkany supported this view which was cited by the author of `Awn Al-Ma`bud. This is the preponderant view because of the Hadith reported on the authority of Abu Bakrah, which was related by Al-Bukhari, which indicated that the Prophet (peace be upon him) did not order him to make up for this Rak`ah. Had it been obligatory, he would have done so because it is not permissible to delay the clarification beyond the time of need. The saying of the Prophet (peace be upon him) in the referred to Hadith which reads: May Allah make you more keen, but do not do it again [1] means that the Muslim should not make Ruku` before reaching the row. He is obliged to join the Imam regardless of the latter's state. Among the evidence provided by the majority of scholars is a Hadith Marfu` (a Hadith narrated from the Prophet with a connected or disconnected chain of narration) which was related by Abu Dawud, Ibn Khuzaymah, Al-Daraqutny, and Al-Bayhaqy on the authority of Abu Hurayrah (may Allah be pleased with him) who narrated that the Prophet (peace be upon him) said: When you come to Salah while we are prostrating ourselves, prostrate yourselves and do not count it one Rak`ah. He who catches up a Rak`ah of the Salah, he in fact catches the Salah. [2] Another report related by Ibn Khuzaymah, Al-Daraqutny, and Al-Bayhaqy reads: He who catches up a Rak`ah of the Salah, he in fact catches it

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 before he (i.e. Imam) returns to the standing posture. [3] This Hadith is a clear proof supporting the view of the majority of scholars in many ways. First, the Prophet's assertion that the one who catches up with the congregation while the Imam is making Sujud (prostration) is not counted as having performed a Rak`ah conveys that a person is counted as having performed a Rak`ah when he catches up with Ruku`. Second, when the term Rak`ah is associated with the term Sujud, it means Ruku`. There are different Hadiths conveying this meaning. Among them are the Hadith reported by Al-Bara' who said: I noticed the Salah of Muhammad (peace be upon him) and saw his standing, his Rak`ah (i.e. Ruku`), and then returning to the standing posture after Ruku`, his Sujud... [4] And the Hadith about the solar eclipse in which the Sahabah (Companions of the Prophet) said: The Messenger of Allah (peace be upon him) observed four Rak`ahs and four Sujuds (in two Rak`ahs). [5] They meant by "four Rak`ahs" four times of Ruku`. Third, the phrase which was mentioned in the report related by Ibn Khuzaymah, Al-Daraqutny, and Al-Bayhaqy reading: before he returns to the standing posture [6] is counted as a clear proof that Rak`ah means Ruku`. The Hadith of Abu Hurayrah is narrated through two reliable narrators strengthening one another by whom the evidence can be established according to what is acknowledged in Mustalah Al-Hadith (Hadith terminology). Furthermore, Al-Nawawy (may Allah be merciful to him) in the commentary on Al-Muhadhab, vol.4, p.215,

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 stated: "The aforementioned view that the Raka`h is counted if one performs Ruku` is the correct one, which was accepted by Al-Shafi`y and the majority of scholars and supported by Hadiths according to which people apply this opinion. On the other hand, there is a false weak view stating that the Rak`ah is not counted. This view was related by the author of "Tatimmah" on the authority of Muhammad ibn Is-haq ibn Khuzaymah, a senior Muhaddith (Hadith scholar). Al-Rafi`y also reported this view from him and from Abu Bakr Al-Siyaghy. The author of the "Tatimmah" commented that this is not true because people in many countries agreed that the Rak`ah is counted. The opposition of the successive generations is worthless." Moreover, in his book entitled Al-Talkhis, Al-Hafizh Ibn Hajar related from Ibn Khuzaymah something that indicated his agreement with the majority of scholars concerning the view that the Rak`ah is counted when the person performs Ruku`. And Allah knows best. Q 2: What is the ruling on the Ma'mum who forgets to recite Surah Al-Fatihah? A: Al-Nawawy (may Allah be merciful to him) stated that scholars have two different views concerning this issue. First: The one who forgets to recite Surah Al-Fatihah takes the same ruling as the one who forgets to do any other Rukn (integral/Pillar) required in Salah. If he remembers while he is still in Ruku` or after rising from Ruku`, before starting the next Rak`ah, he should go back and recite it and then perform the Ruku` and the Rukns that follow it.

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 If he does not remember until after starting the next Rak`ah, then the Rak`ah in which he forgot to recite Al-Fatihah is Batil (null and void) and the Rak`ah following it will replace it. If he does not remember until a short time after saying the Taslim (salutation of peace ending the Prayer), he should offer the Rak`ah and perform Sujud-ul-Sahw (Prostration of Forgetfulness), if he is a latecomer. On the other hand, if he is not a latecomer, the Imam bears the responsibility and Sujud-ul-Sahw is not required. If he only remembers a long time after saying the Taslim, then he should repeat all the Salah. Al-Nawawy stated that this view is the modified one reported from Al-Shafi`y and the most correct one according to the scholars of the four Madh-habs, but he asserted the necessity of making Sujud-ul-Sahw giving no details for that. Yet, the correct opinion is what is previously mentioned. Second: If he forgets to recite Al-Fatihah and does not remember until the Ruku` or saying Taslim, the Salah is complete and the obligation of reciting Al-Fatihah is discharged. This view is related by Al-Nawawy from a group of the followers of the Al-Shafi`iyyah (followers of Imam Al-Shafi`y). As far as the Ma'mum is concerned, this is the preponderant view, whereas the first view is suitable for the Imam and the Munfarid (person offering Salah individually). This is because the Ma'mum is obliged to follow the Imam in Ruku` and the other acts of Salah. When the Imam performs Ruku`, the Ma'mum is obliged to follow him and perform Ruku` even if the latter has forgot to recite Al-Fatihah. It is not permissible for him to keep standing to recite it while his Imam is offering Ruku` because the Prophet (peace be upon him) said: When he performs Ruku`, then perform Ruku` with him. [7] The term "then" indicates the obligation of immediately following the Imam.

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 The apparent meaning of this Hadith applies to the person who does not recite Al-Fatihah out of forgetfulness or for any other reason. Although the Ma'mum is obliged to recite Al-Fatihah according to the generality of evidence that asserts this obligation, if he forgets to recite it and does not remember until the Imam is offering Ruku`, he will be excused due to his forgetfulness and his obligation to follow the Imam. Those who are ignorant of the ruling that the Ma'mum is required to recite Al-Fatihah take the same ruling as he who forgets to recite it, whether they are imitating a person who views that this is not an obligation or whether they infer that it is not obligatory to recite it. Both are excused due to their forgetfulness or ignorance. Their case is similar to that of the one who joins Salah while the Imam is performing Ruku`. As stated above, the Rak`ah is counted in this case and the obligation of recitation is discharged, although the Ma'mum misses the recitation and standing with the Imam. Hence, the one who forgets to recite Al-Fatihah or the one who is ignorant of this ruling is more worthy of having performed the Rak`ah as he only misses the recitation. And Allah knows best. We explained in the section of the first view whether or not the one who forgets the recitation is required to make Sujud-ul-Sahw. The person who is ignorant of the ruling is not required to perform it.