Is the prayer correct from one prayed Ishaa and forgot to do the first Tashahud, and thus stood up but after he had completely stood up for the third Rakaa’, he sat back down, and then completed two Rakats and did the prostration of forgetfulness?

Firstly, there is a narration of the prophet صلى الله عليه و سلم

It was narrated that Mughirah bin Shu’bah said:

“The Messenger of Allah (ﷺ) said: ‘If anyone of you stands after two Rak’ah, if he has not yet stood up fully, let him sit down again, but if he has stood up fully, then let him not sit down, and let him perform two prostrations for forgetfulness (Sahw).’”

But the narration is very weak according to Ash Shaykh Muhammad Ibn Hizaam. However, he mentions three situations for the one who stood and didn’t sit for the first Tashahood:

  • He remembers before he has completely stood up
    • The majority say that he should return to the Tashahud and sit. Imam Ahmad said it is obligatory upon him to return and Shaykh Muhammad Ibn Hizaam says that is the correct stance.
  • That he remembers after he has completely stood up before reciting anything.
    • There are two statements and Ash Shaykh Muhammad Ibn Hizaam says the correct one is that it isn’t permissible for him to sit down and return to Tashahud.
    • This stance was deemed correct by many of the scholars and some of the Sahabas wouldn’t return to the Tashahud if they had completely stood up, from them being
      • Saad Ibn Abi Waqqas
      • Uqbah Ibn Aamir
      • Ibn Zubayr
      • etc, may Allaah be pleased with them all
    • It’s been reported from Uqbah Ibn Aamir that he prayed with the people and stood and didn’t sit for the first Tashahud. The people said Subhanallah, but he didn’t sit and then said it is the Sunnah.
      • Its chain is Saheeh as graded by Imam Muqbil in As Saheeh Al Musnad. From those in our time who deemed this the correct stance was Imam Al Uthaymeen.
  • That he remembers after he has stood up and started reciting
    • It’s not permissible for him to return according to the majority of the scholars and that is the correct stance.

Now if he returns and sits is his prayer incorrect and invalid?

Ibn Rajab said in Al Fath 6/444:

Ibn Abdul Bar Relayed from the majority of those who said that he shouldn’t return if he has stood up completely, [and] that if he returns [and sits], his prayer is valid

Translated by

Majid Jawed Al-Afghanee
Abu Layl