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Fatwa CenterA latecomer standing to make up what he missed of the prayer before the Imaam's the second Tasleem
Question
If the Imaam makes Tasleem (saying: Assalamu ‘Alaykum) at the end of prayer, and I still have to make up one Rak‘ah (unit of prayer) or more; when should I stand to offer the part of the prayer that I missed? Should I stand while the Imaam is making the first Tasleem, after it, or after both Tasleems?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Most scholars believe that the first Tasleem is the obligatory one while the second is just an act of Sunnah.
Based on this opinion, if the one who joined the prayer late stands to make up what he missed of the prayer before the Imaam makes the second Tasleem, then his prayer is valid because his following of the Imaam has ended immediately after the first Tasleem.
Imaam An-Nawawi, the Shaafi‘i scholar 
said in Al-Majmoo‘: "When the Imaam offers the first Tasleem, those led in prayer, either those who started the prayer with him or joined it late, are no longer following him because the Imaam's prayer has ended by offering the first Tasleem ."
Al-Hattab, the Maaliki scholar said: "Sanad ibn ‘Anan said in At-Tarraz: If the one offering prayer loses his ablution after making the first Tasleem, his prayer is valid, as agreed upon among the founders of the four schools of Fiqh. Only Ahmad and Al-Hasan Al-Basri 
stated that both Tasleems should be offered before any loss of ablution in order for the prayer to be valid. This opinion is incorrect according to a consensus among scholars who preceded them as well as those who succeeded them."
The Hanbali scholars however, hold a different view; they maintain that offering both Tasleems is obligatory. They mention that if someone led in prayer has to make up a missed Rak‘ah or more, and he stands up to do so before the imam offers the second Tasleem, his prayer becomes a voluntary prayer and is invalid as an obligatory one. This is the case, unless he stands up again to complete it after the Imaam has offered both Tasleems.
Ar-Ruhaybani, the Hanbali scholar said about this case:
"If someone joins the prayer late, and stands before the second Tasleem to make up what he missed of the prayer, and does not sit back down so as to stand after both Tasleems have been offered, and it is obligatory for him to do so; then his prayer becomes a voluntary one because he missed the duty of returning to follow the Imaam without a valid excuse. By doing so, he ceased to follow the Imaam during the obligatory prayer and this renders it invalid. Hence, it is correct to say that the prayer offered by the late joiner becomes a voluntary prayer once he stands up before the Imaam offers the second Tasleem, given that he does not return to follow him until he completes it. This is so even if the late joiner does not know that doing this affects the validity of his prayer. It is also correct to say that a late joiner of the prayer can stand up, leaving out the second Tasleem, if he does not view that it is obligatory, as the followers of the Shaafi‘i and Maliki schools of Fiqh – according to whom the prayer ends after the first Tasleem – say."
Based upon this, the prayer of a late joiner is not invalidated if he stands up to make up what he missed of the prayer before the Imaam makes the second Tasleem, according to the view of most of the scholars, excluding the Hanbali scholars . However, it is more cautious to wait until the second Tasleem is made, so as not to get caught up in differences of opinion among the scholars.
Allaah Knows best.
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