for the validity of the 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] (36): 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.
(30) In MS (m): "first". (31) From the original; part of it appears in MS (m) after his saying "then performs the other" as follows: "meaning that he exercises his best judgment as to which one he forgot first, then performs it, then performs the other." (32) Omitted from: MS (m). (33) In MS (m): "the time". (34) In MS (m): "And the second narration". (35) Omitted from: MS (m). (36) In MS (m): "prayer". (37) Omitted from: MS (m).