perform it? He said: No, rather he performs it in the congregation if it is held, provided that he does not hope to be able to perform all the missed prayers before the end of the time of this prayer which has become due. If he hopes to do that, he performs the missed prayers, as long as he does not fear the loss of the time (8) of this prayer, and he has no obligation to repeat it if he has prayed it once. [And this narration] (9) is the choice of Abu Hafs [al-'Ukbari. The Judge (al-Qadi) reasoned this narration on the grounds that] (10) the time is not sufficient to perform [what is in] (11) the liability and to perform the present prayer, so the ordering drops [if a prayer is missed and there remain of the other prayer only the duration of five rak'ahs. And because it is inevitable to perform the present prayer before performing some of the missed prayers, it is permissible to perform it at the beginning of its time. And because delaying it until the end of its time detracts from the excellence of the beginning of the time and the congregation, and it involves hardship, as it is impossible to know the end of the time for most people] (12). [Ibn 'Aqil said] (13): Regarding prioritizing the congregation over ordering, there are two narrations (14), and perhaps he was pointing to this narration. [Those who held the view that ordering is mandatory even when the time is constrained argued based on the generality of his saying - may God bless him and grant him peace -] (15): "Whoever sleeps through a prayer or forgets it, let him perform it when (16) he remembers it." (17)
(8) Omitted from: MS (m). (9) In the original: "And this". (10) In the original: "Because". (11) Omitted from: MS (m). (12) In MS (m): "And if he could perform the missed prayers and begin the performance of the present prayer, it is the same here. It is possible that this narration be interpreted to mean that he prioritized the congregation over ordering, on the condition that the time was constrained such that it would not suffice for performing all the missed prayers.". (13) In MS (m): "Some of our companions have mentioned that". (14) In MS (m): "two narrations". (15) In MS (m): "As for those who held the view of prioritizing ordering in all circumstances, their evidence is the saying of the Prophet - may God bless him and grant him peace - ". (16) In MS (m): "when". (17) Reported by al-Bukhari, in: The chapter on whoever forgets a prayer, let him perform it when he remembers it, from the Book of Times. Sahih al-Bukhari 1/154, 155. And Muslim, in: The chapter on performing missed prayers and the recommendation to expedite their performance, from the Book of Mosques. Sahih Muslim 1/471, 477. And Abu Dawud, in: The chapter on whoever sleeps through a prayer or forgets it, from the Book of Prayer. Sunan Abi Dawud 1/103. And al-Tirmidhi, in: The chapter on what has been said regarding sleeping through a prayer, and the chapter on what has been said regarding the man who forgets a prayer, from the chapters of prayer. 'Aridat al-Ahwadhi 1/288-290. And al-Nasa'i, in: The chapter on whoever forgets a prayer, and the chapter on =
