You may prostrate for forgetfulness before Tasleem or after it
Fatwa No: 155275

Question

assalam alaikum. i prayed dhuhr and realised that i did not make 1/2 tashahud while i was making the final tashahud . I made Taslim, and then i made sajood as-sahu. Later I told another sister who was praying near me what i had done. She said i should have done the sajood as - sahu before taslim . so now my prayer was in correct , and i had to repeat the dhuhr prayer. please advise. Also can I pray the sunnah of dhuhr at other times in the day , if i missed it before dhuhr. jazak allahu kheir.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

If a praying person forgets the first Tashahhud, then he should prostrate for forgetfulness before Tasleem according to the majority of the scholars of the Hanbali, Maaliki and Shaafi’i Schools. However, since you made the prostration for forgetfulness after Tasleem, then your prayer is valid and you do not have to make it up. Indeed, the jurists stated that the prayer of a person who delayed the prostration for forgetfulness that should be performed before Tasleem until after Tasleem is valid. Al-Mardaawi from the Hanbali School, said: “It is permissible to prostrate for forgetfulness after Tasleem if it should have been made before Tasleem, and vice-versa, and this is the most correct opinion of our School [Hanbali] and most scholars of our School are of this view.”

Besides, Shaykh ‘Olaysh from the Maaliki School, said: “The prostration for forgetfulness is valid if it is done before Tasleem even though it should have been made after Tasleem, and the prostration for forgetfulness is also valid if it is made after Tasleem when it should have been made before Tasleem; this is whether that was done deliberately or out of forgetfulness.”

Moreover, An-Nawawi from the Shaafi’i School, said: “There is no difference of opinion among the jurists – i.e. among all the scholars – that the prostration for forgetfulness is permissible either before Tasleem or after it; the jurists only differed about which of the two is Sunnah and more preferable.” For more benefit, please refer to Fatwa 92183.

As regards making up the Sunnah prayer of Thuhr, then it is desirable for you to be keen on performing the Rawaalib (i.e. the supererogatory prayers connected to obligatory prayers) at their prescribed fixed time (as clarified in Fatwa 99861), as the Prophet used to perform them at their precise time; however, if you were preoccupied from performing them, then it becomes permissible for you to perform them at any time of the day or the night. This is the well-known opinion of the Shaafi’i School, as they said that they can be performed at any time at all. For more benefit, please refer to Fataawa 84514 and 101612.

Allaah Knows best.

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