Second congregation
Imaam Ash-Shafaa'ee said in Al-Umm (1:136):"If one usually goes to a certain Masjid for Jamaa'ah prayer, and one misses the Jamaa'ah, I would prefer that he goes to another Jamaa'ah Masjid. If he does not go, but prays alone in the first Masjid, then that is good. When there is a regular Imaam for the Masjid, and a man or group of men miss the prayer in it (with the Imaam), they should pray individually. I do not recommend that they pray there in Jamaa'ah. If they still did so, that Jamaa'ah suffices them (i.e. their prayer is acceptable). I dislike it (the second Jamaa'ah) from them only because it is not the practice of the early righteous Muslims before us (As-Salaf As-Saaliheen); rather, some of them have condemned it. I reckon that it leads to dissension (among the Muslims). Thus, if a person dislikes to pray behind a certain Imaam, he would stay, together with others who wish to do so, away from the Masjid during the time of prayer. When it is finished, they enter and make a second Jamaa'ah! The result is dissension and discord, and it is these things that are reprehensible. I only dislike this (second Jamaa'ah) in Masjids with Imaams and Mu'adhins (callers for prayer). Some Masjids are built along the road or in some localities; they have no regular Mu'adhins to call for prayer, nor regular Imaams; [they are intended so that] the passerby would pray in them and sit in the shade. I do not dislike the second Jamaa'ah there, because it does not cause the discord that is described above."
He continued: "...And we have recorded that some men missed the Jamaa'ah prayer with him (S), so they prayed - with his (S) knowledge - individually, even though they had the ability to pray in Jamaa'ah . Also, a group (of the Sahaabah) missed the prayer in Jamaa'ah, so they came to the Masjid, and all of them prayed individually. They were capable to form a Jamaa'ah in the Masjid, but they prayed individually - only because they hated to hold a second Jamaa'ah in the same Masjid."
The Sahaabah's action, to which Ash-Shafaa'ee refers to here, has been reported by Al-Hasan Al-Basree with a connected chain. He said: "When the Companions of the Prophet (S) entered the Masjid to find that the Jamaa'ah had already been prayed, they prayed individually." [Recorded by Ibn Abee Shaybah 2:223].
Also, [the great Imaam] Aboo Haneefah said: "It is not allowed to repeat the Jamaa'ah in a Masjid for which there is a regular Imaam."
And a similar report exists from [the great] Imaam Maalik in Al-Mudawwanah.
In summary, the majority of scholars hold the position that repeating the Jamaa'ah in a Masjid fulfilling the preceding condition is disliked.
This is the truth. And it is not to be disproved by the well known Hadeeth: "Who will give this person charity by praying with him?"
All what can be concluded from it is that Allah's Messenger (s.a.w) was encouraging one of those who had already prayed with him in the first Jamaa'ah to pray with that man a voluntary prayer. Thus, that Jamaa'ah consisted of one praying an optional prayer joining one praying an obligatory prayer.
However, our discussion pertains to one (or more) joining an obligatory prayer in Jamaa'ah with another one who is doing the same, both of whom having missed the first Jamaa'ah. It is not possible to make an analogy between the two cases because they are dissimilar in two manners:
The first case, which is the center of our discussion, has not been reported from the Prophet (s.a.w), whether in the form of a permission or a tacit approval, even though the need for this existed during his time, as is indicated by the report from Al-Hasan Al-Basree.
This practice leads to dissension from the first and legitimate Jamaa'ah, because if the people know they might miss the Jamaa'ah, they would hurry to join it, and this increases the size of the Jamaa'ah. But, if they know that they will not miss it, they come late, thereby diminishing the size of the Jamaa'ah, which is a disliked action.
As for the case that Allah's Messenger (s.a.w) permitted, there is no such bad consequences. This further confirms the difference between the two cases. And it is thus impermissible to attempt to take this Hadeeth as evidence for that which contradicts his (s.a.w) guidance.
