with the case where [he remembers missed prayers, for he does not perform those other than the first until he performs the first, so we use it as an analogy]. (25) If it is said: The Prophet - may God bless him and grant him peace - said: "There is no prayer for one who has a prayer upon him." We say: This hadith has no basis. Ibrahim al-Harbi said: It was said to Ahmad: The hadith of the Prophet - may God bless him and grant him peace -: "There is no prayer for one who has a prayer upon him." He said: I do not know this wording. Ibrahim said: And I have not heard this from the Prophet - may God bless him and grant him peace. Thus, according to this narration, he begins by performing the missed prayers in order, until if he fears missing the present prayer, he performs it, then returns to making up the missed prayers. Ahmad explicitly stated this. If a congregation arrives for the present prayer, Ahmad said, in the narration of Abu Dawood, concerning one who has missed prayers and the time of Dhuhr reaches him, and he has not finished his [missed] prayers: He performs Dhuhr with the Imam and counts it as one of the missed prayers, and performs Dhuhr at the end of its time, [and he does not perform an obligatory prayer except at the end of its time until he makes up the prayers he owes. If the congregation arrives for the Dhuhr prayer and he owes an Asr prayer, is it permissible to perform the missed Asr prayer with the congregation who are performing Dhuhr? There are two narrations. Ibn Aqil mentioned] (26) concerning one who has a missed prayer and fears missing the congregation, two narrations; one of them is that the order is dropped because two obligations have converged, [the order and the congregation] (27), and one of them must be missed, so he is given a choice between them. [As for the narration we mentioned, regarding the permissibility of prioritizing the present prayer over the missed ones, if they are many, at the beginning of its time, he performs the present prayer with the congregation whenever it arrives, and he does not need to repeat it. This is better and more correct, God willing] (28). (29) The second [narration] is that the order is not dropped, because it is more confirmed than the congregation, as evidenced by it being a condition for the validity of prayer, unlike the congregation, and this is the manifest position of the school (Madhab). If he intends to perform the missed Asr prayer behind one who is performing Dhuhr, this is built upon the permissibility of the follower performing Asr behind one who is performing Dhuhr. There are two narrations regarding this, which we will mention, God willing. Ahmad said, concerning one who abandoned prayer for years: He repeats it, and when the time for an obligatory prayer comes, he performs it and counts it as part of the missed prayers that he is repeating, and he performs Dhuhr at the end of the time. And he said: He does not perform an obligatory prayer except at the end of its time until he makes up the prayers he owes.

Chapter: If he misses Dhuhr and Asr from two days and does not know which of them was the first (30). There are two narrations regarding this: [One of them is that it suffices for him to use his best judgment (taharri) as to which one he forgot first, then performs it, then performs the other] (31). Al-Athram narrated [from Ahmad] (32) that he acts upon what is most likely in his mind and then performs them. This is the view of Abu Yusuf and Muhammad; because the order is among those things which necessity permits abandoning, as evidenced by when [the time of the present prayer] (33) becomes constrained, or he forgets the missed prayer, so exercising best judgment enters into it, like the Qibla. The second [narration] (34) is that he performs Dhuhr then Asr without exercising best judgment. Muhanna narrated this; because exercising best judgment is [done] where there is an indicator (amara), and this has no indicator [that can be referred to] (35), so he returns in it to the order of the Shari'ah. It is possible that it is required of him to perform [three prayers]: Dhuhr, then Asr, then Dhuhr, or Asr, then Dhuhr, then Asr, [and this is more analogically correct] (37); because he is able to perform his obligatory duty with certainty.