What is the ruling on one who intentionally sits for the first tashahhud in the third rak'ah because he forgot to sit for the tashahhud in the second rak'ah?

The Shaykh : Yes, my brother.

The questioner : A question regarding prayer came up today. A man came... he came to the Zuhr prayer as a masbuq (one who joins the prayer late).

The Shaykh: Yes.

The questioner : He caught up with the fourth rak'ah.

The Shaykh : Yes.

The questioner : ... He came in during the fourth rak'ah.

The Shaykh : Yes.

The questioner : So he naturally sat after the fourth rak'ah, and the imam said the taslim.

Another questioner : Please raise your voice if you don't mind.

The questioner : So he came, and he stood up to complete the prayer, as he was left with three rak'ahs.

The Shaykh : Yes.

The questioner : So he performed the second rak'ah, and instead of sitting, he stood up; he forgot, I mean.

The Shaykh : I mean, he stood up for the second [rak'ah] and did not sit... [for the] third.

The questioner : The second, of course. When he first came, he was supposed to... he stood up for the third without sitting, so he intentionally sat while knowing, knowing that it was the third, and he sat because he had missed the sitting, not knowing what the ruling was, of course. So he sat while knowing it was the third, then he stood up for the fourth and sat, of course. He said the taslim, and when he came out, one of us said to him, "What do you think? What is the Islamic ruling?" He said, "Go back and perform sujud al-sahw (the prostration for forgetfulness), and that is sufficient." I don't know what...?

The Shaykh : Yes, that is correct, but he made a mistake. He made a mistake. What I understood from your question is that he caught up with the imam for one rak'ah?

The questioner : One rak'ah, yes.

The Shaykh : Okay, so when the imam said the taslim, he stood up to perform the rest of the prayer.

The questioner: Yes.

The Shaykh : Good, so he stood up and performed the second rak'ah.

The questioner: Yes.

The Shaykh : Okay, so instead of sitting for the tashahhud, he stood up for the third rak'ah.

The questioner: Yes.

The Shaykh : This means he forgot the tashahhud.

The questioner: Yes.

The Shaykh : Right? Okay, so in his mind, he did it to make up for the missed tashahhud.

The questioner: Yes.

The Shaykh : He sat after the third rak'ah, right?

The questioner : Yes, he knew, of course.

The Shaykh : I say, for what purpose? To make up for what was missed? You understand what this means? The tashahhud after the third rak'ah is an addition that is not prescribed, naturally. Then he stood up and performed what? The fourth rak'ah, and he said the taslim, and he did not perform the two prostrations of sujud al-sahw. So it was said to him: "Perform the two prostrations of sujud al-sahw." This is the correct thing to do.

The questioner : The issue is that he went out to the door of the mosque, which is in the Jamarat... Lu'ay, he went out to the door of the mosque, he moved, as we say, he moved about, meaning about four or five steps at the door of the mosque. This conversation happened, and he came back and prostrated. I mean, this is the method I am referring to.

The Shaykh : Nothing changes in the ruling of the issue if we want to follow the Sunnah.

The questioner : Can I ask another question?

The Shaykh : No, may I please finish the answer to the first question?

The questioner : ... .

The Shaykh : Okay. Al-Hakim narrated in al-Mustadrak that the Prophet (peace and blessings be upon him) one day prayed the Maghrib prayer with two rak'ahs; he prayed Maghrib with two rak'ahs.

The questioner: Yes.

The Shaykh : And he said the taslim and left. The hurried people left, so he reminded them, peace and blessings be upon him, saying, "You prayed two rak'ahs," just as it came in the story of the man with the two hands: "Did the prayer become short, or did you forget?"
When he reminded them, he ordered the iqamah. Look, there was movement and talk and so on. Those who had returned returned, and those who had missed it missed it. He came back and performed the forgotten rak'ah, then the Prophet (peace and blessings be upon him) performed the two prostrations of sujud al-sahw. So it does not harm the one who forgets if he performs movements that are originally not permissible in the prayer, because of this hadith and the hadith of the man with the two hands, in which the Prophet (peace and blessings be upon him) one day prayed the 'Asr prayer with two rak'ahs, then he stood up and moved to a side of the mosque and placed one foot on the other to rest, peace and blessings be upon him. And there was a man known as the man with the two hands, and it appears from his addressing the Messenger (peace and blessings be upon him) that he was bold. He said: "O Messenger of Allah, did the prayer become short, or did you forget?" He said: Yes, it was so. Then he (peace and blessings be upon him) looked at his companions, among them were Abu Bakr and 'Umar, and said: They said, "Yes." So the Messenger (peace and blessings be upon him) returned from where he was to the place of prayer, the place of prayer, and I do not say the mihrab, because the mihrab was not in the mosque of the Messenger (peace and blessings be upon him). He prayed two rak'ahs, then he performed the two prostrations of sujud al-sahw. So these movements, like those words, the Shafi'is specifically, unlike the Hanafis, say: "Speech that is for the benefit of the prayer does not harm it; speech for the benefit of the prayer, not idle talk." They cite this story as evidence, and this is correct evidence, and it provides ease for people who may forget. So the movement and going out that you mentioned after your question about the man does not harm him. But I would have told him, "Where you are, perform the two prostrations of sujud al-sahw, and that is the end of it." This is the answer. Do you want to ask another question?

The questioner : ... the prayer, I mean.

The Shaykh : Come on, give it to me. This man is greedy!

The questioner : Our Shaykh, no problem.