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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to establish a second congregation with a second imam?

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The questioner : The imam has already said the closing salam. Is it permissible to establish a second congregation with a second imam?

The Shaykh : There is scholarly disagreement on this issue. The majority of scholars, and most of them, hold that it is not prescribed to repeat the congregation in a mosque that has a regular imam and a regular mu'adhdhin. If a second congregation is established, it is disliked. This means that if a person enters the mosque and the first congregation has already ended, he prays alone. If he prays with others in a second congregation, his prayer is disliked, even though it is valid in reality and he does not need to repeat it. However, it is better for him to pray alone and not repeat the second congregation. This is because the term "congregation" indicates the purpose and the goal of it.

The questioner: Yes.

The Shaykh : The congregation is the gathering. If it is said, as some have said—and as I mentioned earlier, this is contrary to the opinion of the majority of scholars—that it is permissible to repeat the second congregation, and not just a permissibility that is neutral, meaning that it is the same whether one prays with the congregation or prays alone, then those who say the second congregation is permissible prefer it over each one of them praying alone. If this view were adopted, it would lead to what we observe in our lands and many other Islamic lands: the splitting up and reduction of the first congregation. We observe this issue and feel it with our hands. I mean, when the worshipper—peace and mercy and blessings of Allah be upon you—when the worshipper adopts the legitimacy of the second congregation, this adoption leads him to be lax in attending the first congregation. This laxity leads to the fragmentation and reduction of the first congregation. This is contrary to the hadith in which the Messenger—peace be upon him—said:
The prayer in congregation is twenty صلاة الجماعة تفضل صلاة الفذِّ بخمس
Sahih al-Bukhari 646
, and in the other narration:
by twenty-seven degrees بسبعٍ وعشرين درجة
. It is not hidden from the people of knowledge that anything that leads to contradicting the goal of the Wise Lawgiver is repugnant and rejected by its owner, as our Prophet—may Allah's prayers and peace be upon him—said:
'A'isha reported Allah's Messenger (ﷺ) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected. مَن أحدث في أمرنا هذا ما ليس منه فهو رَدٌّ
Sahih Muslim 1718a
. It is certain that repeating the congregation in the mosque we mentioned earlier, which has a regular imam and a regular mu'adhdhin, is a recent innovation that was not known in the time of the Prophet (peace and blessings be upon him), nor in the time of the Companions, nor in the time of the righteous Salaf, including the four Imams. Perhaps all those present have read, or at least heard from the mouths of scholars, his saying (peace and blessings be upon him):
I was on the verge of ordering a man to lead the people in prayer, then ordering men to gather firewood, and then going to a group of people who claim to pray with the congregation and burning their houses over them. By Him in whose hand is the soul of Muhammad, if any one of them knew that there were two good date stones in the mosque, he would have attended it. لقد هَمَمْتُ أن آمُرَ رجلًا فيصلي بالناس ، ثم آمُرَ رجالًا فيحطبوا حطبًا ، ثم أخالِفَ إلى أناسٍ يدعون الصلاة مع الجماعة فأحرِّق عليهم بيوتهم ، والذي نفس محمد بيده ؛ لو يعلم أحدهم أنَّ في المسجد مرماتَين حَسَنَتَينِ لَشَهِدَها
; meaning the congregational prayer, and especially the congregation of the 'Isha' prayer. The point of this hadith is that it suggests to us, and we derive from it, that there was no second congregation in the time of the Messenger (peace be upon him). If there had been a second congregation, it would have been authorized by whom? By the Messenger of Allah (peace and blessings be upon him). The hadith indicates to us that there was no second congregation, because when he (peace be upon him) intended to burn the houses of those who lagged behind in the congregational prayer, he meant his congregation (peace be upon him) and meant those who lagged behind in following him (peace be upon him) in his mosque. If those who lagged behind in the first congregational prayer had received from the Prophet (peace and blessings be upon him) that there is a second and third congregation, as is the case today in our Islamic world, except what Allah wills, and they are few, the argument would not have been established against them. For these latecomers—and peace be upon you—for these latecomers, all of them would have been able to excuse themselves and say, "O Messenger of Allah, if we did not attend your congregation, we will attend the second and third congregation, and so on." But since reality testifies that in his time (peace be upon him) there was only this one congregation, the argument was established against those who lagged behind. Therefore, the Messenger (peace and blessings be upon him) threatened them with a severe punishment, which is burning their houses. Why? Because they lag behind in the congregation that they are obligated to attend, and there is no other congregation as we mentioned. On this occasion, many people ask when they hear this hadith: What does it mean that the Messenger intended to burn the houses of those who lagged behind but did not do it? Because the hadith says so:
I intend that I should command a person to lead people in prayer لقد هَمَمْتُ أن آمُرَ رجلًا فيصلي بالناس
Sahih Muslim 652
; meaning: on his behalf (peace be upon him),
Then I would order men to gather firewood ثم آمُرَ رجالًا فيحطبوا حطبًا
from the desert,
Then I would burn their houses over them ثم أحرِّقَ عليهم بيوتهم
, to the end of the hadith. So the Messenger (peace be upon him) intended but did not do it. Why did he not do it? The answer is very clear: because the houses in which those who lagged behind in the congregational prayer were located did not contain only them; they had their women, their offspring, and their children, and so on. It is known that women, as he (peace be upon him) said:
Their houses are better for them بيوتهنَّ خيرٌ لهنَّ
; meaning that it is better for a woman to pray in her house than to pray in the mosque, and the opposite is the opposite: it is better for a man to pray in the mosque than to pray in his house. This is for adult women; their houses are better for them. And even more so for the offspring, whether male or female; prayer is not obligatory upon them in the first place, and consequently, attending the congregation in the mosques is not obligatory upon them. If the Prophet (peace and blessings be upon him) had carried out that severe threat, which is burning the houses of those who lagged behind in the congregational prayer, the punishment would have affected those who do not deserve it. This is contrary to the Qur'anic text which says:
(36) Or has he not been informed of what was in the scriptures of Moses (37) And [of] Abraham, who fulfilled [his obligations] - (38) That no bearer of burdens will bear the burden of another (39) And that there is not for man except that [good] for which he strives أَمْ لَمْ يُنَبَّأْ بِمَا فِي صُحُفِ مُوسَى * وَإِبْرَاهِيمَ الَّذِي وَفَّى * أَلَّا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى * وَأَنْ لَيْسَ لِلْإِنْسَانِ إِلَّا مَا سَعَى
[An-Najm 53:36-39]
. This is the reason for the Messenger (peace be upon him) not carrying out the threat to burn the houses of those who lagged behind in prayer, meaning the congregational prayer in the mosque. The point is that this hadith is clear evidence for the majority of scholars who considered it disliked to establish a second and third congregation. I mentioned the wisdom of this earlier: that this second and third congregation leads to the splitting up of the first congregation. The clearest example of this is the Friday prayer. Since it is established in people's minds that the Friday prayer is not repeated in the mosque, you find them hastening to pray in the main mosque. This is undoubtedly a strong reason for the mosques to be crowded with worshippers on Friday day, because it is established in their minds that there is no second congregation in any of the main mosques where the Friday prayer is held. I say this without forgetting that those who care about performing the Friday prayer are undoubtedly more than those who care about performing the congregational prayer, because many people, unfortunately, are content with the Friday prayer as their only prayer of the week. But despite that, this observation is noted: if they had in their minds that there is a second congregation, they would also delay. So this is a real, observed, and tangible matter, felt with the hands. And this is one of the effects of bad ideas when they settle in the hearts of their owners; they drive their owners to things that contradict the Shari'ah of their Lord (Blessed and Exalted is He). Therefore, it is obligatory for every Muslim to correct, above all else, his creed and his concepts in Islam with a correct correction, so that his starting point is also a correct starting point. This example is before you: the one who establishes in himself that there is no second congregation rarely, very rarely, misses the first congregational prayer. And the opposite is exactly the opposite: the one who establishes in himself a second and third congregation is lax about the first congregation.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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