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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Some people during the night prayer remain sitting and talking in their places until the imam bows, at which point they join him, even though they have not recited the opening of the Book

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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
Your Eminence, peace be upon you and Allah's mercy and blessings

The Shaykh : And upon you be peace and Allah's mercy and blessings.

The questioner : Some people during the night prayer remain sitting and talking in their places, until the imam bows, at which point they join him, even though they have not recited the opening of the Book. What is the ruling on their prayer?

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
In reality, this question should be composed of two questions
The first question: What is the ruling on their remaining among the people and talking?
And the second: What is the ruling on their being late in reciting the Fatihah?
As for the first, we say: If their talking among the worshippers harms the worshippers and disturbs them, then that is a disobedience to the Messenger (peace and blessings be upon him), because the Prophet (peace and blessings be upon him)
He came out one day to his companions, and they were reciting and raising their voices in recitation, so he (peace and blessings be upon him) said: Each of you is conversing with his Lord خرج ذات يوم على أصحابه ، وهم يقرؤون ويجهرون بالقراءة فقال عليه الصلاة والسلام : كلكم يناجي ربه
meaning there is no need to raise the voice
one should not raise the voice in recitation فلا يجهرن بعضكم على بعض في القراءة
Sunan Abi Dawud 1332Sahih (Al-Albani)
, so he forbade them from raising their voices over one another in recitation. Malik narrated it in al-Muwatta and Abu Dawud in his Sunan, saying:
One should not trouble the other فلا يؤذين بعضكم بعضاً
Sunan Abi Dawud 1332Sahih (Al-Albani)
So he made raising the voice that disturbs the others a form of harm. And on this basis, we say to these people who talk among the worshippers: If this disturbs the worshippers, then it is forbidden for them, because of the harm it causes to the Muslims and the disturbance to their prayer.
As for the second thing in the question, which is their being late until they miss reciting the Fatihah, this does not lead to the invalidity of the prayer. But there is no doubt that they have deprived themselves of much good, as they missed a part of the prayer that would have enabled them to recite the Fatihah. So I advise these brothers to hasten to join the imam from the moment he says the takbir of ihram, so that they may also receive the virtue of the takbir of ihram.
Source alathar.net

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

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