Some questions concerning prayer (Salah) in congregation (jama’ah)
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Question: a) Is it permitted to perform Qada-Salaih (missed prayer) in Jamaah?

And another question related to this: Recently I with my friends missed Dhuhr-prayer, we came into masjid and perform Qada-Salah incongregation (jama'ah). But during our pray we were joined another man who decided that we perform Asr-prayer. Would be his Salah valid?

b) If imam, who lead prayer, recite the Quran (in particular, surah Fatihah) with mistakes, can we pray after him?

I know that in Shafiimadhab there is the opinion that person who recite the Quran well, can’t follow imam, who recite the Quran with mistakes. What our Hanafi madhab tells about it – can I follow imam if I recite the Quran better him?

c) If person has a tattoo, can he lead prayer (be imam in prayer)?

d) If prayer in congregation (jama'ah) in majid have already occurred, can people (who were late for it) collect their own jamaah and perform this prayer in congregation once again? In our masjid it often happens that people who are late on a congregation prayer which is perform by the imam of a masjid, collect their own jamaah and perform this prayer together. Is it permitted?  Because I was told that it is not allowed – perform the same Salah in the same masjid in jamaah (congregation) several times. (Anonim)

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Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh

 a) It is permissible to perform Qadha Salaah with with Jama’ah (in congregation). When performing Qadha in congregation, the Azaan and Iqamah should be called out before the Salaah. (Tabyinul Haqa’iq, Vol: 1, Pg: 92)

 The person’s Salaah will not be valid if he joins the congregation that is praying Qadha of Zuhr and his intention is to perform Asr as these are two different Salaahs.

 b) This depends on the situation. The books of Fiqh emphasize that the person who is most well verses in the recitation of the Qur’an is the most worthy to lead the Salaah. This is based on the narration of Sayyiduna Abdullah bin Mas’oud (Radiyallahu Anhu) in which the Prophet of Allah (Sallallahu Alaihi Wa sallam) said:

 ليؤم القوم أقرؤهم لكتاب الله، فإن كانوا سواء فأعلمهم بالسنة، فإن كانوا سواء فأقدمهم هجرة، فإن كانوا سواء فأكبرهم سنا، فإن كانوا سواء فأحسنهم خلقا، فإن كانوا سواء فأصبحهم وجها

“The person who is most well versed in the recitation of the Qur’an should lead the congregation, if they are all of the same level in recitation, then the one who is most knowledgeable about the Sunnah is most worthy. If they are all equal in this aspect also, then the one who had made Hijrah (migrated) first is most worthy. If they are all equal in this aspect, then the eldest of them, if they are all the same, then the one who displays the best character and if they all are the same, then the one with the most pleasant physical features is most worthy”

The ruling is about who should be given preference to lead the congregation. It does not mean that the person’s Salaah will not be valid if he follows behind an Imam who is not as well versed as he (the follower) is in the recitation of the Qur’an.

Yes, if the Imam makes blatant mistakes in the recitation of the Qur’an which changes the meaning of the words due to mispronunciation, then this definitely leaves a question mark on the validity of the Salaah. A general ruling of invalidity cannot be issued as each situation has to be analyzed separately to determine what exactly are the mistakes in pronunciation to determine whether the Salaah is valid or not.

c) Although having a tattoo is Haraam (prohibited), it does not prevent the validity of Salaah. However, with regards to being an Imam, the requirements are that the person should be an upright and religious person. A person who has a visible tattoo is regarded as a Fasiq (open sinner) and to appoint such a person as an Imam is not permissible. However, if he has made Taubah and repented from disfiguring his body with a tattoo, it will be allowed for him to be an Imam on condition that he conceals this tattoo or makes an effort to have it removed.

d) The Fuqahaa have ruled that it is Makrooh to make a second Jama’ah in the Musjid. If a group of people come to the Musjid after the main congregation has completed their Salaah, they (the arriving group) should pray Salaah individually without calling out the Azaan and Iqamah. (al-Mabsoot by Imam Sarakhsi, Vol: 1, Pg: 135, al-Mausu’ah, Vol: 12, Pg: 229)

وإذا دخل القوم مسجدا قد صلى فيه أهله كرهت لهم أن يصلوا جماعة بأذان وإقامة ولكنهم يصلون وحدانا بغير أذان ولا إقامة

ذهب الحنفية، والمالكية، والشافعية: إلى أنه إذا صلى إمام الحي، ثم حضرت جماعة أخرى كره أن يقيموا جماعة فيه على الأصح

This refers to Musjids in general, for example, the Musjid of one’s suburb or town where there is an appointed Imam and a fixed time for the Azaan and Iqamah.

The ruling is based on the Hadith of Abu Bakrah (Radiyallahu Anhu) in which it is recorded that Rasulullah (Sallallahu Alaihi Wa sallam) had went to sort out a matter amongst the Ansaar. When he thereafter went to the Musjid to perform Salaah, the congregation had completed their Salaah. So he returned home, gathered his family and prayed Salaah in congregation with them. (al-Mabsoot by Imam Sarakhsi, Vol: 1, Pg: 135)

عن أبي بكرة رضي الله عنه أن رسول الله صلى الله عليه وسلم خرج من بيته ليصلح بين الأنصار، فرجع وقد صلي في المسجد بجماعة، فدخل منزل بعض أهله، فجمع أهله فصلى بهم جماعة

Considering this Hadith, the Fuqahaa stated that had it not been reprehensible to perform Salaah in the Musjid, Rasulullah (Sallallahu Alaihi Wa sallam) would have requested a few Sahabah to join him in praying Salaah in the Musjid. (al-Mausu’ah, Vol: 12, Pg: 229)

وقالوا: ولو لم يكره تكرار الجماعة في المسجد لصلى فيه

The reason cited for it being reprehensible (Makrooh) to make a second Jama’ah in the Musjid is because it leads to the main Jama’ah becoming less in number. Especially when second congregations are conducted regularly, some people will become lax in performing Salaah with the main Jama’ah as they will rely on performing Salaah with the second Jama’ah. (al-Mausu’ah, Vol: 12, Pg: 230)

قالوا: ولأن التكرار يؤدي إلى تقليل الجماعة، لأن الناس إذا علموا: أنهم تفوتهم الجماعة يتعجلون، فتكثر الجماعة

I have personally seen this happen in some Musjids in which second Jamaats were allowed. Those who used to perform Salaah with the main Jama’ah in the Musjid, when they noticed that there was a second Jama’ah later on, they began neglecting the main Jama’ah. Eventually the second Jama’ah became almost the same size as the main Jama’ah because of more people defecting to the second Jama’ah. This totally undermines the importance of the Musjid and the importance of the Jama’ah.

The wisdom of the Fuqahaa becomes apparent in such cases.

However, the exceptions to the above ruling are those Musjids that have been erected on high ways or Musjids that have been erected for travelers or have no fixed time for Azaan and Jama’ah. (al-Mausu’ah, Vol: 12, Pg: 229)

إلا أن يكون مسجد طريق، ولا إمام له، ولا مؤذن فلا يكره إقامة الجماعة فيه حينئذ

This is because second Jamaats or multiple Jamaats do not really affect the congregation number as these Musjids have been erected for the convenience of people passing by to perform their Salaah.

And Allah Knows Best.

Wassalaam.

 

Mufti Suhail Tarmahomed

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