If the imam forgets the first tashahhud and returns before standing up straight, does he have to perform sujud al-sahw?

The questioner : My question here is that I had known or read a hadith, so I was asking about its meaning. We found it today in the series, in the first volume, number 321, but I mentioned it here as a citation. Does this mean its authenticity with this wording? I mean, if a man stands up for the third [rak'ah] and does not sit for the tashahhud, but he remembers before he stands up straight and sits down, does he not have to perform sujud al-sahw?

The Shaykh : Yes, indeed.

The questioner : So we were looking for it, andThe Shaykh : May Allah reward you with good for your search, we found the hadith

The Shaykh : The one I am referring to is that this is from the Sunnah: if he stands up straight, he does not return, and he has to perform sujud al-sahw. If he does not stand up straight, he returns and does not have to perform sujud al-sahw.

The questioner : Yes, I was asking if there is a text on this? This is what I was looking for.

The Shaykh : It is the hadith of al-Mughirah ibn Shu'bah. It is in the book you have. The hadith is about whom?

The questioner : In the hadith about al-Mughirah.

The Shaykh : That is all.

The questioner : You brought the original of the chapter or the hadith of the chapter: If the imam stands up in the two [rak'ahs], then if he remembers before he stands up straight, let him sit. If he stands up straight, he does not sit and he prostrates two prostrations of sujud al-sahw. This is what I was remembering: if he stands up, then if he sits before he stands up straight, he sits and does not prostrate two prostrations. I found this meaning after you compiled some of the hadiths and routes; you mentioned it from al-Mughirah ibn Shu'bah, who said: If one of you prays and stands up from sitting, and if he does not stand up straight, let him sit, and he does not have to prostrate two prostrations. This is what I was asking about, and we found it, praise be to Allah.

The Shaykh : In any case, this is what is established in the Sunnah.

The questioner : May Allah bless you.

The Shaykh : And this is contrary to the Hanafi school, which distinguishes and says: if he is closer to standing, he does not return, and if he is closer to sitting, he sits. The hadith does not come with this detail; rather, it is whether he stood up straight or did not stand up straight. If he stood up straight, it is not permissible for him to return, and he has to perform two prostrations of sujud al-sahw because he missed the tashahhud. If he did not stand up straight, he returns and performs the obligatory act, and he does not have to prostrate.

The questioner : May Allah bless you.

The Shaykh : Yes.