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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A group who did not pray Maghrib arrived and found the imam in 'Isha'; should they join him?

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The questioner : The worshippers were delayed for the Maghrib prayer and found the imam in the 'Isha prayer. Should they pray in congregation or join the imam? And how should their situation be in the prayer? May Allah reward you with good.

The Shaykh : Yes, the correct view is that if a person arrives and the imam is in the 'Isha prayer, whether he has a congregation or not, he should join the imam with the intention of Maghrib. It does not matter that the intention of the imam and the follower differ, due to the generality of the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended. إنما الأعمال بالنيات، وإنما لكل امرئ ما نوى
Sahih al-Bukhari 1
If they join him in the second rak'ah, they should conclude the prayer with him, because they would have prayed how many? Three. It does not matter that they sat in the first rak'ah. If they join him in the first rak'ah, then when he stands for the fourth, they should sit, recite the tashahhud, and conclude the prayer. Then they should join him in the remainder of the 'Isha prayer. This is the best of the opinions.
The second opinion in this issue is that they should join him with the intention of 'Isha, and then pray Maghrib afterwards.
The third opinion is that they should pray Maghrib on their own, and then join him in the remainder of the 'Isha prayer. The last two opinions have a drawback: as for the first, its drawback is the loss of order, where 'Isha is performed before Maghrib.
As for the second, its drawback is establishing two congregations in one mosque at the same time, and this is a division of the community.
The first opinion, which we mentioned is the correct one, has a drawback. What is it?

The questioner : ...

The Shaykh : No, the difference is not the drawback. The drawback is their concluding the prayer before their imam concludes it, meaning their separating from him. And there is no drawback in this, because it is reported in the Sunnah that a follower may separate from the imam in several places, such as the prayer of fear, where the imam prays one rak'ah with them, and then they complete it for themselves and leave.
And among them is the story of the man who joined 'Uthman ibn al-Athir (may Allah be pleased with him). When he began reciting Surat al-Baqarah or a similar surah, he separated from him and did not complete the prayer with him. And among them is that the scholars said: if a person is in the middle of the prayer as a follower and wind (gas) rises in him, or he needs to break his wudu' by urinating or defecating, then there is no harm in him intending to separate and completing his prayer and leaving. So how many opinions are there? There are three opinions. The best of them is that people join the imam in the 'Isha prayer and they intend Maghrib. Then, if they join in the second rak'ah, they conclude with him. And if they join in the first rak'ah, then when he stands for the fourth, they sit, recite the tashahhud, and conclude, and then they join the imam in the remainder of 'Isha.
Source alathar.net

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

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