If a worshipper misses some of the rak'ahs with the congregation, and then another man enters, is it permissible for him to gesture to him with his hand to enter with him in order to attain the virtue of the congregation, and what is preferable?
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The questioner : If you begin the prayer of an obligatory duty and some of it has passed, and then a man enters the mosque late, like me, and does not enter into my prayer with me, is it permissible for me to gesture to him with my hand to enter with me so that we may attain the virtue of the congregation? And is that better, or is it better for him to pray alone?
The Shaykh : It is permissible for you, if you entered the prayer alone and another man entered, to gesture to him so that he prays with you, and there is no blame in that. Scholars have differed on this issue. Some said: It is not valid for anyone to join a person praying alone after he has intended to pray alone, because it is a condition that the imam intends to lead the prayer before entering into the prayer. Some said it is permissible. And some distinguished between the obligatory and the voluntary.
The correct view is that it is permissible, and that if a man prays alone and then another man enters, the latter may pray with him. This is because the Prophet (peace and blessings be upon him) stood up to pray from the night, and he was alone. Then Ibn 'Abbas (may Allah be pleased with him) stood up and aligned himself with him on his left. So the Prophet (peace and blessings be upon him) took his head from behind and placed him on his right. This is evidence for the permissibility of intending to lead the prayer after entering into the prayer alone. This is clear in the voluntary prayer, and what is established in the voluntary prayer is established in the obligatory prayer unless there is evidence to the contrary. And there is no evidence for prohibition. Based on this, you may gesture to him so that he prays with you. And if you both pray as a congregation in this state and you catch up with him for one rak'ah or more, you both attain the reward of the congregation.
The Shaykh : It is permissible for you, if you entered the prayer alone and another man entered, to gesture to him so that he prays with you, and there is no blame in that. Scholars have differed on this issue. Some said: It is not valid for anyone to join a person praying alone after he has intended to pray alone, because it is a condition that the imam intends to lead the prayer before entering into the prayer. Some said it is permissible. And some distinguished between the obligatory and the voluntary.
The correct view is that it is permissible, and that if a man prays alone and then another man enters, the latter may pray with him. This is because the Prophet (peace and blessings be upon him) stood up to pray from the night, and he was alone. Then Ibn 'Abbas (may Allah be pleased with him) stood up and aligned himself with him on his left. So the Prophet (peace and blessings be upon him) took his head from behind and placed him on his right. This is evidence for the permissibility of intending to lead the prayer after entering into the prayer alone. This is clear in the voluntary prayer, and what is established in the voluntary prayer is established in the obligatory prayer unless there is evidence to the contrary. And there is no evidence for prohibition. Based on this, you may gesture to him so that he prays with you. And if you both pray as a congregation in this state and you catch up with him for one rak'ah or more, you both attain the reward of the congregation.