The ruling on intending a voluntary prayer after the completion of the Fajr prayer for one who missed part of it with the imam
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The questioner:
May Allah reward you, Your Eminence, father. The questioner says: A group were praying the Fajr prayer, and two people joined the congregation, but they did not catch the bowing. When the imam finished the prayer, they completed their prayer. Then a person told them to intend that the prayer was a voluntary one, and then they prayed the obligatory prayer. Is this action permissible?
The Shaykh:
Is the question interesting?
The questioner:
He says: A group were praying the Fajr prayer, and two people joined the congregation, but they did not catch the bowing. When the imam finished the prayer, they completed their prayer. Then a person told them to intend that the prayer was a voluntary one, and then they prayed the obligatory prayer. Is this action permissible?
The Shaykh:
This is an incorrect fatwa, because the intention does not come after the action. This is a prayer, and it is finished; what do they say to them? That it was a voluntary prayer, and it is finished. That is one aspect. The second aspect is that this is a mistake. If they entered with the imam, even in the final tashahhud, then when he finishes, they stand up and make up what they missed of the prayer, what they missed of the prayer, and it is not a voluntary prayer, but an obligatory one. Yes.
May Allah reward you, Your Eminence, father. The questioner says: A group were praying the Fajr prayer, and two people joined the congregation, but they did not catch the bowing. When the imam finished the prayer, they completed their prayer. Then a person told them to intend that the prayer was a voluntary one, and then they prayed the obligatory prayer. Is this action permissible?
The Shaykh:
Is the question interesting?
The questioner:
He says: A group were praying the Fajr prayer, and two people joined the congregation, but they did not catch the bowing. When the imam finished the prayer, they completed their prayer. Then a person told them to intend that the prayer was a voluntary one, and then they prayed the obligatory prayer. Is this action permissible?
The Shaykh:
This is an incorrect fatwa, because the intention does not come after the action. This is a prayer, and it is finished; what do they say to them? That it was a voluntary prayer, and it is finished. That is one aspect. The second aspect is that this is a mistake. If they entered with the imam, even in the final tashahhud, then when he finishes, they stand up and make up what they missed of the prayer, what they missed of the prayer, and it is not a voluntary prayer, but an obligatory one. Yes.
Source
تفسير حزب المفصل، تفسير سورة التغابن : الآيات [ 1 - 8 ] — islamhouse.com (58:25)
The Arabic text is a machine transcription of the audio recording.