Condition 1

The place of the prayer should not be usurped.

1451. If a person is certain that if he recites the second sÙrah, and qunÙt, he will not be able to join the imam in rukÙ, and he deliberately recites the second sÙrah or qunÙt and doesen’t reach to the imam in rukÙ, his prayer will be valid, and should act in accordance with the obligations of individual prayer.

1452. If a person is satisfied that if he begins the second sÙrah, or complete it, he will be able to join the imam in rukÙ, obligatory precaution dictates that he should begin reciting the second sÙrah, or if he has already begun it, he should finish it. However, if it delays him and he realizes he will be unable to join the imam in rukÙ, he should not complete it.

873. If a person offers his prayer on a usurped property, even if it be on a usurped rug, blanket or similar items, his prayer will be invalid if the areas of sujÙd are usurped. Based on obligatory precaution, the same applies to prayers offered on a usurped bed or similar item. However, there is no harm in praying under a usurped ceiling or a usurped tent.

1453. If a person is certain that he will be able to join the imam in his rukÙ if he recites the second sÙrah, but after completing the second sÙrah, he is unable to join his rukÙ, his congregational prayer will be valid.

874. To pray on a property—the right of utilization and benefit of which belongs to another person—without the permission of the one who owns the right to utilize it, renders the prayer invalid. For example, if the owner of a rental property, or another person utilizes the property for prayer without the permission of the tenant, his prayer is invalid.
Similarly, if a person dictates before his demise that one third of his property must be utilized for a particular cause, it is not permissible to utilize the property for prayer until the third is separated from the rest.
Praying on a property to which another has a right to—for example, praying on a property which someone has demarcated with a stone fence—without the individual’s permission will render the prayer invalid, if it intrudes on his jurisdiction. In cases other than this, there is no problem in doing so. For example, praying on a property that has been mortgaged. One may pray on the property with the permission of the mortgagor, even though the mortgagee may not be pleased with him praying on the property.

1454. If the imam is in the state of qiyÁm, and a person does not know which rak‘ah he is in, he may join the congregational prayer. However, obligatory precaution dictates that he should recite sÙrat al-FÁtiÎah and the second sÙrah with an intention more general than the intention of it being a component of prayer or Qur’anic recitation, though he may come to realize that the imam was in fact in the first or second rak‘ah.

1455. If a person joins congregational prayer under the impression that the imam is in his first or second rak‘ah, and does not recite sÙrat al-FÁtiÎah and the second sÙrah, and after rukÙ, he realizes that the imam was in his third or fourth rak‘ah, his prayer will be valid. However, if he realizes before rukÙ, he should recite sÙrat al- fÁtiÎah and the second sÙrah. If there is insufficient time, he should only recite sÙrat al-FÁtiÎah, and join the imam in rukÙ. If there is insufficient time for sÙrat al-FÁtiÎah, obligatory precaution dictates that he should make the intention to offer his prayer individually.

1456. If a person joins congregational prayer under the impression that the imam is in his third or fourth rak‘ah, and recites sÙrat al-FÁtiÎah and the second sÙrah, and before proceeding to rukÙ, he realizes that the imam was in his first or second rak‘ah, his prayer will be valid. However, if he realizes during the recitation of sÙrat al- fÁtiÎah or the second sÙrah, he should discontinue his recitation.

1457. If a congregational prayer begins while a person is occupied with a recommended prayer, and he is unsure whether he will be able to join the congregation if he completes his recommended prayer, it is recommended for him to leave the recommended prayer, and join the congregation. In fact, if he is unsure whether he will be able to join the first rak‘ah of the congregational prayer or not, it is recommended for him to act according to the aforementioned instructions.

1458. If a congregational prayer begins while a person is occupied with a three or four rak‘ah prayer, and has not proceeded to the third rukÙ, and he is unsure whether he will be able to join the congregation if he completes his prayer, it is recommended for him to complete his prayer as a two rak‘ah prayer, with the intention of it being a recommended prayer and then join the congregational prayer.

1459. If the prayer of the imam has come to an end, while the follower is still occupied with tashahhud, or the first salÁm, it is not necessary for him to complete his prayer with the intention of an individual prayer.

875. The prayer of one who usurps the place of a person who is seated in a mosque, is invalid.

1460. If a person, who is one rak‘ah behind the imam in congregational prayer, does not stipulate the intention of offering an individual prayer while the imam has proceeded to the tashahhud of the final rak‘ah, obligatory precaution dictates that he should place his fingers and the frontal part of the sole of his feet on the ground, raise his knees from the ground, wait for the imam to recite his salÁm and then stand to complete his prayer. There is no problem if he makes the intention of an individual prayer from thereon. However, if he had stipulated the intention of an individual prayer from the beginning, it is problematic.

876. If one prays in a place and does not know whether it is usurped or not, and after the completion of his prayer realizes that the area of sajdah is usurped, his prayer is invalid. However, if one forgets that a particular area is usurped, prays there and later remembers it was usurped, his prayer is valid.
However, if one usurps the property himself, and forgetfully prays in it, his prayer is invalid if he has not repented for the usurpation. If he has repented, then to claim that his prayer is invalid is problematic.

877. The prayer that is performed in an area where the area of prostration is usurped, and one knows of its usurpation, is invalid, even if the person is ignorant of its invalidation.

1461. The imam of a congregational prayer should be bÁligh, sane, a twelver Shi’a, just, of legitimate birth, and he should be able to recite the qira’ah of prayer correctly if a follower has joined him in congregation in first or second rak‘ah and the recitation of the follower is correct, too. The same will apply based on obligatory precaution in other cases.
If the follower is a male, the imam too, must be a male. It is makrÙh for a woman to lead another woman in congregational prayer in other than the prayer for the dead. In the event there is nobody more meritorious to lead the prayer for the deceased than a woman, it is not makrÙh. There is no problem in a discerning child, who can discern good from evil, following another discerning child in congregational prayer. To accord it the effects accorded to a congregational prayer would not be devoid of good cause, albeit the more precautionary measure would be to avoid doing so.

878. If the animal or saddle of one who is compelled to pray while riding is usurped and he performed sujÙd upon the animal or the saddle, his prayer is invalid. The recommended prayers are similarly invalid in such a case. However, if the shoes (of the animal) are usurped, to claim his prayer is invalid is problematic.

1462. If a person knew an imam to be just, but now doubts whether he is still just or not, he may pray behind him in congregation.

879. If a person has mutual ownership of a property, it is not permissible for him to utilize the property without the consent of his partner until his share of the property is separated.