| Ruling on Salah when the first Tashahhud is left out forgetfully or intentionally  | | (Part No. 11; Page No. 279) | |
Q: An Imam (the one who leads congregational Prayer) when leading the Salah (Prayer) stood up in the second Rak‘ah after prostration and did not sit for the first Tashahhud (a recitation in the sitting position in the second/last unit of Prayer); although he was notified, he did not respond. Again at Taslim he was reminded, but he concluded the Salah with Taslim and did not perform Sujud-ul-Sahw (prostration of forgetfulness). After Taslim some of those who prayed behind him asked him why he did not perform Sujud-ul-Sahw. He said the position where the first Tashahhud was due, was missed. So, should the Imam repeat the Salah for intentional omission of an obligatory act of Salah? And what should he and the Ma’mums (persons being led by an Imam in Prayer) do in case of being unaware of the correct ruling in this regard? Please, advise. May Allah reward you with the best. A: If a praying person leaves out the first Tashahhud intentionally, their Salah becomes invalid according to the more correct of the two opinions of scholars. This is in the case of a person who is aware and mindful of the ruling; but if they do not know it, there is no blame on them. However, if a praying person omits the first Tashahhud out of forgetfulness, it is obligatory on them to perform Sujud-ul-Sahw. If they do not perform it intentionally, their Salah becomes invalid. If, however, they forget to perform Sujud-ul-Sahw before Taslim, then they are reminded or remember, it is obligatory to offer Sujud-ul-Sahw after Taslim and say Taslim again, as in the case where Sujud-ul-Sahw should be performed after concluding the Salah with Taslim. But if it is not performed, there is difference among scholars concerning the invalidity of Salah due to that, namely neglecting Sujud-ul-Sahw after Taslim, whether the right position for performing it is after or before Taslim, and for forgetting the latter it becomes due after Taslim. | | (Part No. 11; Page No. 280) | |
Abu Muhammad ibn Qudamah (may Allah be merciful to him) said in his book "Al-Mughny": "If a praying person leaves an obligatory act intentionally and this act is to be performed before Taslim, their Salah becomes invalid, because of willful negligence of an obligatory act of Salah. If they leave out an obligatory act to be performed after Taslim, their Salah does not become invalid by leaving it, because it is a compensatory act outside the worship to make up for a neglected act, which, when left out, does not nullify the worship itself, as in the atonements offered in Hajj. This applies to Sujud-ul-Sahw, whether the right place for performing it is after or before Taslim, and as a result of forgetting it becomes due after Taslim. Ahmad was quoted as stating what proves the invalidity of the Salah in such state, while others mentioned that he did not offer a legal opinion in that regard." Accordingly, the correct opinion regarding the case stated by the questioner is that the Salah is valid. All the congregation do not have to repeat the Salah, unless the Imam deliberately neglects an act that is due before Taslim while aware of the Shar‘y (Islamic legal) ruling. In the last case, he must repeat the Salah for abandoning an obligatory act without a legal excuse. As for the Ma’mums, they have to perform Sujud-ul-Sahw after Taslim if the Imam does not do it, according to the majority of scholars as stated in "Al-Mughny." Leaving out Sujud-ul-Sahw makes the Salah of the entire congregation incomplete. Accordingly, if the Imam does not prostrate to make up for the neglected act, the Ma’mums should prostrate themselves whether individually or appoint one of them to lead them in fulfilling this. This is because when the Imam abstains from fulfilling an obligatory act, the duty of following him as Imam stops and the Ma’mums must independently make up for the obligatory act. This is similar to the case when the Imam says Taslim while omitting an act, for example, and although the Ma’mums notify him of that, he does not respond. The Ma’mums have to complete their Salah individually or after another Imam from them. This is based on the rule that completing Salah is obligatory on all; when the Imam abstains from this, those offering Salah behind him should not follow him anymore. However, if they do not perform Sujud-ul-Sahw, their Salah will not be invalidated, | | (Part No. 11; Page No. 281) | |
because this is an obligatory act outside the Salah, which does not nullify the Salah when left out, such as Adhan (call to Prayer) and Iqamah (call to start the Prayer), and atonements made during Hajj. Allah (Exalted and Glorified be He) knows best. |
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