Contemporary Fatawa
      By Justice Mufti Muhammad Taqi Usmani
      
      When A Person Is Doubtful On How Many Rakat He Has Performed

Q. "It frequently happens during Namaz (Salah) that I forget the correct number 
of Rak'at I have performed. For example, I get confused during the Salah 
whether I have performed two Rak'ats or three Rak'ats. Normally in such a 
situation I repeat my Prayer all over again. Is this what we are supposed to do 
or is here any other solution to this problem? Please enlighten me in this 
respect." 
                                                                                
    (Maleeha Siddiqi, Karachi) 

A. You need not repeat the prayer every time you face such a situation. If a 
person has experienced this confusion for the first time, he or she is required 
to repeat the Salah. However, if this confusion occurs frequently, as in your 
case, you are not required to repeat the prayer. Instead, whenever you are 
confused during your Prayer, you should guess and should act according to the 
number which appears to you more probable. For example, if you are confused in 
the Zuhr Prayer whether you have performed two Rak'ats, or three Rak'ats, and 
after reflection it seems to you more probable that you have performed three 
Rak'ats, you should act accordingly and after adding one more Rak'at, your four 
Rak'at will be deemed to have been complete. 

But even after reflection, you cannot recollect the actual number of Rak'ats, 
both possibilities are equal and you cannot prefer one of them over the other, 
then you should act according to the lesser number. For example, if you caanot 
reflect whether you have performed two Rak'ats or three Rak'ats, you should 
presume that you have prayed only two Rak'ats and should add two more Rak'ars 
to complete your Zuhr prayer. 

However, in this case (i.e. when acting according to the lesser number) one 
should sit for tashahhud after each Rak'at which could possibly be his last 
Rak'at. Therefore, in the above example, (when one is confused about two or 
three Rak'at, and takes it to be his second rak'at) he should sit after his 
next Rak'at and should recite tashahhud, because there is a possibility that it 
is his fourth and last Rak'at. Then after reciting tashahhud, he should stand 
up and should complete the four Rak'at according to his presumption, and should 
perform a sajdah of sahw in the last. 

Take another example : Suppose, you are saying the Prayer and get confused 
whether it is your first Rak'at or the second one. Both possibilities are 
equal. Now you should take it as your first Rak'at. Normally it means that you 
should not sit for tashahhud after Sajdah but since there is a possibility that 
it is your second Rak'at i.e. the last Rak'at in the fair prayer, you should 
sit after sajdah and after reciting tashahhud should you stand up again and 
perform another Rak'at with a sajdah of sahw at its end. 

In this manner, you can resolve the problem without repeating the prayer
      Contemporary Fatawa
      By 
Justice Mufti Muhammad Taqi Usmani
      
      Performing Qada Prayers

Q. "A person is regular in his daily five time prayers, but for some reason one 
of his prayers becomes qada', and the time for next prayer arrives. what should 
be the sequence of the performance of his prayers, under such a situation?" 

A. The person who has never missed six prayers, or the number of his qada 
prayers is less than six is termed as " sahib-ut- tartib". Whenever a prayer is 
missed by such a person, he has to observe full sequence between the prayers. 
He is bound to perform the qada' Prayer before the qada' prayers of the time. 
For example, if he has missed the Zuhr prayer, then at 
the time of 'Asr, he must perform the qada' of Zuhr, his 'Asrprayer will be 
void, and he will have to pray again. 

Observance of sequence is necessary between the different qada Prayers also. 
All the qada prayers should be perform in the same order in which they were 
missed. So, if a person has missed both the fajr and the Zuhr prayers, then, at 
the time of 'Asr he must perform the qada of fajr first of all, then he should 
perform the qada of Zuhr, and then he should pray the 'Asr. If the disturbed 
this sequence, he will have to pray again observing the due sequence. 

The observance of sequence is obligatory on every sahib-ut-tartib in normal 
conditions. However, if he, while performing 'Asr prayers, forgot that his Zuhr 
prayer had been missed, and he prayed 'Asr under this impression, his 'Asr 
prayer is acceptable and he need not pray it gain. 

Similarly if the time of 'Asr remains so short that, in case he prays 
qada'first, the 'Asr time will be over, then also he can pray 'Asr first. 

All these rules relate to a person who is sahib-ut-tartib. But if a person is 
not sahib-ut-tartib i.e. the number of qada prayers due on him is six or more, 
the observance of sequence is not obligatory on him and he can pray in whatever 
order he 
likes according to his convenience. 


       
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