A man who does not believe that catching the bowing (ruku') counts as catching the unit of prayer (rak'ah), and in one instance he caught the bowing and said, "Since there is an opinion that counts it as a rak'ah, I count it as a rak'ah." What is the ruling on his prayer?

The questioner : If a person, for example, follows the opinion of two independent legal reasoners (mujtahids), and for instance he does not believe that catching the bowing (ruku') counts as catching the unit of prayer (rak'ah), but in one of the instances he caught the unit of prayer by catching the bowing, so he said, "There is another opinion," and counted it as a rak'ah, what is the ruling on his prayer here?

The Shaykh : The answer to this has already been given. This is acting on something that has no basis. If one follows a scholar, he meets Allah in a safe state, is that not so? Or do you imagine it is otherwise? It appears that this issue needs explanation. This person, up until just before he followed the imam Zayd, came and found him bowing. Up until just before that moment, he held the view that one who catches the bowing does not catch the unit of prayer. But in that moment, he adopted the opinion of those who say that one who catches the bowing catches the unit of prayer. What happened in the mind of this person? Did his independent legal reasoning (ijtihad) change because he found an opinion with stronger evidence, or did he find in that moment that the scholar who says one who catches the bowing catches the unit of prayer is more knowledgeable of the Book and the Sunnah? None of that is the case, except for catering to his desires. Instead of coming for a second unit of prayer, no, he saves himself a unit of prayer and adopts the opinion of whoever said that one who catches the bowing has caught the unit of prayer. This is what the later jurists call "ta'lif" (piecemeal selection). Ta'lif is taking an opinion from this school of jurisprudence (madhhab) and another opinion from that school, and you piecemeal together a school for yourself through your ignorance by following your desires. This is not permissible. However, if before entering the mosque, a discussion had taken place between him and one of the people of knowledge regarding this issue, and his opinion changed and his previous independent legal reasoning (ijtihad) shifted to the view that one who catches the bowing catches the unit of prayer, and he proceeded on this view, then when he entered the mosque and found the imam bowing, there is no objection to this. In fact, this is obligatory. May Allah bless you. Note the previous explanation: a layperson must have a general culture. The general culture is that two contradictory opinions cannot both be the Shari'ah. Allah the Exalted said: . One who catches the imam while he is bowing does not catch the unit of prayer; one who catches the imam while he is bowing catches the unit of prayer. These are two conflicting opinions. You must, even if you are a layperson, have an opinion in your heart that your chest is at peace with, and proceed on it. But not once like this and once like that, as the poet said, "And I am but from Ghaziyah, if she goes astray *** I go astray, and if..." What did they complete it with?

The questioner : "If Ghaziyah is guided, I am guided."

The Shaykh : No, this is not permissible in the religion of Allah. Perhaps I have answered you?

The questioner : May Allah reward you with good.

The Shaykh : Do you have anything else?

The questioner : But with the example, the previous speech became clear. With an example, the vague speech becomes clear.