والصَّلَاةُ والسَّلاَمُ عَلَى سَيّدِنَا مُحَمَّدٍ أَشْرَفِ اْلمُرْسَلِيْنَ وَعَلَى آلِهِ وَصَحْبِهِ الطَّيّبِيْنَ الطَّاهِرِيْن

"If I have a missed prayer that I wish to make up, but I have not yet performed the current prayer and the time for the current prayer is about to end, what should I do?

For instance, if I missed the Fajr prayer because I was asleep and then woke up after sunrise, and now the time for Dhuhr has entered, with which prayer should I begin? Should I start with the missed Fajr prayer or perform Dhuhr first, as it is its designated time? Additionally, if the time for ^Asr is drawing near, what should I do in this case?"

Sometimes, a person may have one or more missed prayers to make up (i.e., prayers they did not perform within their allotted time), along with the obligation to perform the current prayer (the prayer for the present time). In such a situation, what should they do if time is limited and only enough to perform one prayer? Additionally, what if there is a congregational prayer they wish to join, but they have a missed prayer to make up?

The four schools of Islamic jurisprudence hold differing opinions on the ruling of sequencing between missed and current prayers in such cases. Below is an explanation of the scholars’ views in the four schools on this matter:

What is the ruling according to the Shafi^iyy school?

According to the Shafi^iyy school, in this situation, it is obligatory to begin with the current prayer because it is its designated time. This ensures that it is not missed and does not become a missed prayer, as happened with the previous one. Additionally, performing the prayer on time is considered better than delaying it.

Therefore, if someone has missed the Fajr prayer and the time for Dhuhr has entered, they should first perform Dhuhr and then make up the Fajr prayer, according to the Shafi^iyy view.

Shaykh Zakariyya Al-‘Ansariyy states in Fathu l-Wahhab, his commentary on Manhaju t-Tullab, in the Book of Prayer, Chapter on Prayer Times:

" وَسُنَّ تَرتِيبُهُ أَيِ الفَائِتِ، فَيَقضِي الصُّبحَ قَبلَ الظُّهرِ، وَهَكَذَا، وَسن تَقدِيمُهُ عَلَى حَاضِرَةٍ لَم يَخَف فَوتَهَا مُحَاكَاةً لِلأَدَاءِ، فَإِن خَافَ فَوتَهَا بَدَأَ بِهَا وُجُوبًا لِئَلَّا تَصِيرَ فَائِتَةً. "  اهـ

“It is recommended to maintain the proper sequence when making up missed prayers; thus, the Subh (Fajr) prayer should be performed before Dhuhr, and so on. It is also recommended to perform the missed prayer before the current one, provided there is no concern about missing the current prayer, in order to emulate the natural order of prayer. However, if there is a fear of missing the current prayer (i.e., if there is insufficient time to perform both prayers), it becomes obligatory to begin with the current prayer to prevent it from being missed.” End of quote.

He said:

"إِذَا أَمكَنَهُ أَن يُدرِكَ رَكعَةً مِنَ الحَاضِرَةِ فَيُسَنُّ تَقدِيمُ الفَائِتِ عَلَيهَا فِي ذَلِكَ أَيضًا".اهـ

"If it is possible for him to catch a single rak^ah of the current prayer (i.e. if there is enough time for both the missed prayer and one rak^ah of the current prayer), then it is also recommended to prioritize the missed prayer over it." End of quote.

He also said:

"وَلَو تَذَكَّرَ فَائِتَةً بَعدَ شُرُوعِهِ فِي حَاضِرَةٍ أَتَمَّهَا، ضَاقَ الوَقتُ أَوِ اتَّسَعَ، وَلَو شَرَعَ فِي فَائِتَةٍ مُعتَقِدًا سَعَةَ الوَقتِ فَبَانَ ضِيقُهُ عَن إدرَاكِهَا أَدَاءً وَجَبَ قَطعُهَا". اهـ

“If one recalls a missed prayer after beginning the current prayer, he should complete the current prayer, whether the time is limited or ample. However, if he begins the missed prayer believing there is sufficient time, but it then becomes evident that the time is insufficient for the current prayer, he must discontinue the missed prayer.” End of quote.

This statement implies that if one begins the missed prayer and then realises that completing it before the current prayer would leave insufficient time, he is required to interrupt the missed prayer, perform the current prayer within its designated time, and then return to repeat the missed one. This underscores emphatically that it is preferable to prioritise the current prayer to prevent it from going beyond its appointed time. It highlights the importance of performing each prayer within its specified time and not allowing it to pass. Yet, today we find people who miss numerous prayers and then sleep at night without concern. We ask Allah for safety and well-being.

What is the ruling according to the Malikiyy school?

The scholars of the Malikiyy school have expressed three opinions on this matter.

1. The first opinion

The first opinion is to prioritise the current prayer, similar to the position of the Ash-Shafi^iyys. Imam Ibnu Wahb al-Malikiyy and Ibnu ‘Abi Zayd al-Qayrawaniyy both held this view. They justified their opinion similarly to the justification provided by the Shafi^iyys. The distinguished scholar An-Nafrawiyy al-Malikiyy stated in Al-Fawakihu d-Dawani the following:

"وَإِن ضَاقَ وَقتُ الحَاضِرَةِ عَن فِعلِ الفَائِتَةِ وَالحَاضِرَةِ قَدَّمَ الحَاضِرَةَ، هَذَا مَا ارتَضَاهُ المُصَنِّفُ تَبَعًا لِبَعضِ أَهلِ المَذهَبِ، وَالَّذِي ارتَضَاهُ خَلِيلٌ وَشُرَّاحُهُ وَهُوَ المُعتَمَدُ: أَنَّ الحَاضِرَةَ تُقَدَّمُ عَلَى كَثِيرِ الفَوَائِتِ مُطلَقًا وَلَوِ اتَّسَعَ الوَقتُ، لَكِن وُجُوبًا عِندَ ضِيقِ الوَقتِ، وَنَدبًا عِندَ اتِّسَاعِهِ".اهـ

"If the time for the current prayer is too short to perform both the missed and current prayers, the current prayer should be prioritised. This is the view endorsed by the author, following some of the scholars of the madhhab, and it is the view adopted by Khalil and his commentators, and it is the relied-upon stance: the current prayer should always take precedence over numerous missed prayers, even if there is ample time. However, it is obligatory to prioritise the current prayer when the time is limited, and recommended when there is sufficient time."

2. The second opinion

The first opinion is to give precedence to the missed prayers—if they are few—over the current prayer. Shaykh ^Alish al-Malikiyy upheld this view in Minahu l-Jalil, where he states:

"وَوَجَبَ غَيرَ شَرطٍ مُطلَقًا تَرتِيبُ قَضَاءِ يَسِيرِهَا أَيِ الفَوَائِتِ مَعَ صَلَاةٍ حَاضِرَةٍ، كَالعِشَاءَينِ مَعَ الصُّبحِ، فَيَجِبُ تَقدِيمُ قَضَاءِ يَسِيرِ الفَوَائِتِ عَلَى الحَاضِرَةِ إِنِ اتَّسَعَ وَقتُهَا وَلَم يَلزَم عَلَيهِ خُرُوجُ وَقتِهَا، بَل وَإِن كَانَ إِذَا قَدَّمَ قَضَاءَ اليَسِيرِ عَلَى الحَاضِرَةِ خَرَجَ وَقتُهَا، أَيِ الحَاضِرَةِ، وَصَارَت قَضَاءً، هَذَا هُوَ المَشهُورُ، وَقَولُ الإِمَامِ مَالِكٍ رَضِيَ اللهُ تَعَالَى عَنهُ فِي المُدَوَّنَةِ".اهـ

 "It is absolutely obligatory, without condition, to maintain the order when making up a small number of missed prayers alongside a current prayer such as the two 'Isha' prayers along with the Fajr prayer. Therefore, one must perform the make-up of these missed prayers before the current prayer if there is sufficient time for it without causing the current prayer to lapse beyond its allotted time; even if prioritising these missed prayers leads to the current prayer exiting its prescribed time, thereby turning it into a prayer to be made up. This is the well-known opinion and the position of Imam Mālik, may Allah accept his deeds, as recorded in ‘al-Mudawwanah’." End of quote.

The evidence presented by the proponents of this view is the Hadith of ^Abdu l-Lah ibnu ^Umar, may Allah accept his deeds, who said that the Messenger of Allah ﷺ said:

"مَن نَسِيَ صَلَاةً فَلَم يَذكُرهَا إِلَّا وَهُوَ مَعَ الإِمَامِ فَإِذَا فَرَغَ مِن صَلَاتِهِ فَليُعِدِ الصَّلَاةَ الَّتِي نَسِيَ، ثُمَّ لِيُعِدِ الصَّلَاةَ الَّتِي صَلَّاهَا مَعَ الإِمَامِ"

"Whoever forgets a prayer and only remembers it while praying with the imam, let him, upon completing his prayer, repeat the prayer he forgot, then repeat the prayer he performed with the imam."

This narration is found in al-Mu^jam of ‘Abu Ya^la al-Musiliyy and in As-Sunanu l-Kubra of Al-Bayhaqiyy. They argue that if observing the sequence between missed and current prayers were not obligatory —whether the time available is limited or ample—there would be no directive to repeat the current prayer after having performed it with the imam.

According to them, the criterion for what constitutes a "small number" of missed prayers is that it does not exceed the five prayers of one day and night. Qadi ^Abdu l-Wahhab al-Malikiyy stated in Al-Ma^unah ^ala madh-habi ^alimi l-Madinah:

"فَإِذَا كَانَ المَترُوكُ صَلَاةً وَاحِدَةً أَوِ اثنَتَينِ إِلَى خَمسٍ فَذَكَرَهَا وَقَد حَضَرَ وَقتُ صَلَاةٍ أَتَى بِالفَوَائِتِ وَإِن فَاتَ وَقتُ الحَاضِرَةِ".اهـ

"If the number of missed prayers is one, two, or up to five, and their remembrance occurs as the time for a current prayer has entered, one should perform the missed prayers even if it results in the current prayer’s time passing."

3. The Third Opinion

The third opinion is the option to choose between the missed and current prayers, a position upheld by Imam al-Ashhab from the Maliki school, whereby one may begin with either. Shaykh Muhammad ^Alish al-Malikiyy in Minahu l-jalil, addresses the matter of prioritising between the current and missed prayers when the time available for the current prayer suffices for only one of them, stating:

"وَقَالَ أَشهَبُ: إِن ضَاقَ وَقتُ الحَاضِرَة يُخَيَّرُ فِي تَقدِيمِ أَيِّهِمَا شَاءَ".اهـ

“And al-Ashhab said: If the time for the current prayer is too short, one may choose to start with whichever he wishes.”

What is the ruling according to the Hanafiyys?

The majority of Hanafiyys hold a view similar to that of the Shafi^iyys, which is that one is required to begin with the current prayer. Imam Muhammad ibnu l-Hasan ash-Shaybaniyy, the Hanafiyy scholar, stated in Al-‘Asl, also known as Al-Mabsut:

"قُلتُ: أَرَأَيتَ إِن نَسِيَ الفَجرَ وَالظُّهرَ جَمِيعًا ثُمَّ ذَكَرَ ذَلِكَ فِي آخِرِ وَقتِ الظُّهرِ؟ قَالَ: يَبدَأُ فَيُصَلِّي الظُّهرَ ثُمَّ يُصَلِّي الفَجرَ، قُلتُ: لِمَ؟ قَالَ: لِأَنَّ الفَجرَ قَد فَاتَتهُ، وَهُوَ فِي آخِرِ وَقتٍ مِنَ الظُّهرِ، فَعَلَيهِ أَن يُصَلِّيَ الظُّهرَ وَلَا يَدَعُ أَن تَفُوتَهُ فَيَكُونُ قَد فَاتَتهُ صَلَاتَانِ".اهـ

"I said, 'What if someone forgets both the Fajr and Dhuhr prayers and only remembers them at the end of Dhuhr’s time?' He replied, 'He should begin by performing Dhuhr, then pray Fajr.' I asked, 'Why?' He responded, 'Because the time for Fajr has already elapsed, and he is now in the final part of Dhuhr’s time. He should perform Dhuhr to prevent it from also passing, thus avoiding missing two prayers.'"

What is the ruling according to the Hanbaliyys?

The Hanbaliyys have two positions on this matter:

1. The First Position

Prioritising the current prayer, in line with the view of the Shafi^iyys, and is considered the sound opinion among them.

2. The Second Position

Prioritising the missed prayers over the current prayer if they are few in number, similar to the second view of the Malikiyys. This opinion was favoured by Al-Khallal.

As we have already detailed both positions earlier, there is no need for further repetition.

Conclusion

The summary of the discussion reveals that the scholars of the four schools of thought hold three distinct opinions on this matter:

1. The First Opinion

When time is tight, one must begin with the current prayer, as its time has arrived, to prevent it from becoming a missed prayer as well. This is the view of the Shafi^iyys, Hanafiyys, one of the opinions of the Malikiyys, and one of the two views of the Hanbaliyy

2. The Second Opinion

The missed prayers should take precedence over the current prayer if their number is few (five or less). If the number exceeds this, the current prayer should take precedence. This is one of the views of the Malikiyys and the second view of the Hanbaliyy.

3. The Third Opinion

The Malikiyys have added a third opinion, specific to their school, which states that one may choose to begin either with the current prayer or the missed prayers.

Thus, the total number of opinions across the four schools of thought amounts to three:

• the obligation to begin with the current prayer,
• prioritising missed prayers if they are few,
• and the option to choose.

And Allah knows best and is the most just. All praise is due to Allah, Lord of the worlds.

Sources 

These issues have been compiled and summarised from:

• The Noble Qur’an
• The Prophetic Sunnah
• As-Sunanu l-Kubra by Al-Bayhaqiyy
• Mu^jamu ‘Abi Ya^la al-Musiliyy
• Fathu l-Wahhab by Shaykh Zakariyya Al-‘Ansariyy Ash-Shafi^iyy
• Al-Fawakihu d-Dawani by An-Nafrawiyy al-Malikiyy
• Minahu l-Jalil by Muhammad ^Alish al-Malikiyy
• Al-Ma^unah ^ala madh-habi ^Alimi l-Madinah by Qadi ^Abdu l-Wahhab al-Malikiyy
• Al-‘Asl or Al-Mabsut by Imam Muhammad ibnu l-Hasan ash-Shaybaniyy