Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamu alaikum,

What is the ruling regarding following a person (in salaa) to be your Imam by touching him on his back, giving him indication to lead you in prayers?

At times one is followed when he himself had been a maamum of some other Imam who concluded his salaa. Now to follow him would be wanting in actual terms; since his niyya was maamum not Imam.

This is widely practiced here in Kenya (a region where majority are Shafee' school followers, though there's a good number who subscribe to Hanafi school as well)

And Is it a matter that varies with the school someone subscribes to or it's a mainstream jurisprudence issue.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Tap back and form congregation

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: What is the ruling regarding following a person (in salaa) to be your Imam by touching him on his back, giving him indication to lead you in prayers?

Abu Said narrates that a man entered the Mosque, and the Prophet (saws) and his companions had finished praying their obligatory prayer in congregation. The Prophet (saws) said: "Who will give ‘sadaqah’ to him by praying with him in congregation?" So, a man from amongst the companions (who had already prayed) stood up and offered prayers in congregation with him.

Related by Ahmad, Abu Dawud, and at-Tirmidhi

Yazid al-Aswad says: "We prayed dawn prayer (fajr) with the Messenger of Allah (saws) at Mina and two men came and stopped at their resting places. The Prophet (saws) ordered for them to be brought and they came shaking with fear. The Prophet (saws) said to them: 'What prevented you from praying with the people (in congregation)? ...Are you two not Muslims?' They answered: 'Certainly we are, O Messenger of Allah (saws), but we had already prayed in our resting place.' The Prophet (saws) told them: 'If you pray in your resting places and then come upon an imam (leading a congregation), pray again with him, and it will be ‘nafl’ prayers for you.'"

Related by Ahmad, Abu Dawud, An-Nasa'I, and at-Tirmidhi.

If one is praying any prayer, regardless of whether it is Fard, Sunnah, or Nafl…..and a brother taps him slightly on their back and signals his intention to form a congregation with him, the one who is praying should oblige to the request of their brother, and assume the role of the ‘imam’ of the congregation and continue his prayer….the brother who joined him in congregation will make his own intention and complete his prayer after the one who is leading the prayer as the ‘imam’ has declared the tasleems to signal the end of his prayer. Accommodating their brother’s request to form a congregation will be recorded as a deed of ‘sadaqah’ for the one who leads the prayer, Insha Allah.

Your Question: At times one is followed when he himself had been a maamum of some other Imam who concluded his salaa. Now to follow him would be wanting in actual terms; since his niyya was maamum not Imam.

There is absolutely no condition or stipulation in Shariah that the intention of prayer of the ‘Imam’ leading the prayer, and the believer/s praying behind him must have the exact same intentions.

It is absolutely permissible and lawful in Shariah for the ‘Imam’ to intend to pray ‘nafl’ or ‘sunnah’ optional prayer, and a believer praying behind him intending and offering his ‘fard’ prayers; or the ‘imam’ intending to offer ‘fard’ prayer, and the believer praying behind him making intention to offer his ‘nafl’ prayer.

If one is in the state of offering one’s optional Sunnah or Nafl prayer, and a brother taps them slightly on their back and signals their intention to form a congregation with him, he should oblige to the request of his brother to become the ‘imam’ of the prayer, and continue the prayer he had originally intended to offer….the brother who joined him in congregation will make his own intention and complete his intended prayer after the ‘imam’ has declared the ‘tasleems’ to signal the end of his prayer.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan