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Fatwas / Prayer / He missed an obligatory prayer then the time of the next prayer entered, which prayer does he start with?

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Question

If a man misses Dhuhr prayer then Asr time enters, which one does he pray first … can he pray the sunnah of Dhuhr?

فاته فرض ثم دخل وقت الذي يليه فبأيهما يبدأ

Answer

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.
Wa alaikum assalam wa rahmatullahi wa barakatuh.
As to what follows:
What is obligatory upon you is to pray Dhuhr first then Asr because Allah said:
“Verily, the prayer is enjoined on the believers at fixed hours.” [al-Nisa’ 4:103]
And it is well known that Dhuhr time precedes Asr time, so it is compulsory to maintain the order of prayers. This is the view held by majority of scholars from the Tabi’een and those who came after them, and the same was said by the Hanafites, Malikites and Shafites, as long as it is not feared that the current prayer will be missed, then the order will not be observed considering that every prayer should be performed at its fixed time.
With regards to prescribed sunnahs, they are performed with their respective prayer. All this is only applicable if he delayed the prayer because of an acceptable excuse basing on the Prophet’s (peace be on him) saying:
“He who forgets the prayer should say it when he remembers it, there is no expiation for it, except this” Qatada said: (Allah says) “And observe prayer for remembrance of Me)” [narrated Bukhari and Muslim on the authority of Anas Ibn Malik]
And Allah knows best.

Your brother,
Dr. Khalid al-Muslih
26 / 10 / 1424 AH


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