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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on returning to the first tashahhud after a mistake and standing up for the third rak'ah

Machine translationRead the Arabic original
An imam made a mistake in the obligatory prayer—in Ramadan—where he stood up for the third rak'ah before sitting for the first tashahhud. This is the first point. Some of the ma'mum (those praying behind him) alerted him, so he sat down. When the prayer ended, some of the ma'mum asked him: Why did you sit down after you had already stood up? He argued that the women behind the praying men cannot see him, for example: they are in a separate building from the ma'mum, so they cannot see them.So he said: He fears that confusion will arise among the women regarding following the imam. What is the ruling?

First: We must know that if one stands up from the first tashahhud, whether in Ramadan or otherwise, until he is fully upright, it is not permissible for him to return; because he has moved on to the next pillar. So he should continue his prayer and then perform the prostration for forgetfulness before the taslim.
This is obligatory whether he is an imam or praying alone. As for the ma'mum, he must follow his imam. However, if he stands up for an extra rak'ah, such as standing up for a fifth in 'Isha', Zuhr, or 'Asr, or a fourth in Maghrib, or a third in Fajr, he must return as soon as he remembers, even if he has recited al-Fatihah, and even if he is in ruku'. He must return, sit, perform the tashahhud, and say the taslim, then perform the prostration for forgetfulness after the taslim. He should not look at anyone or mind anyone. So this imam who forgot the first tashahhud in the 'Isha' prayer until he stood up, then was alerted and returned, and argued: that he feared the women would become confused, is undoubtedly making a figurative interpretation (ta'wil).And because of this ta'wil of his, we say: His prayer is valid, but we inform him that this ta'wil is not correct. He should have remained standing, and he could have raised his voice somewhat in reciting al-Fatihah. If he raises his voice in reciting al-Fatihah, the women will know that he has stood up, and the problem will be resolved. Raising the voice in this situation for the sake of benefit is permissible, just as the Prophet (peace and blessings be upon him) sometimes raised his voice with the verse in the secret prayer.So likewise here we say: Raise your voice in this third rak'ah, even though it is better to recite it quietly, but here it is for the sake of need. Convey this to the imam so that he does not repeat it.
Source shamela.ws

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

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