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Forgetting the first tashahhud
If a person forgets the first tashahhud, stands up for the third rak‘ah and starts the recitation of al-Faatihah, then according to the majority of scholars, he should not return to the sitting position. If he does so knowing that his return is unapproved of, his prayer will be nullified because he has already started another obligatory act. The obligatory act that he forgot (i.e., tashahhud) can be made up for by making the prostrations of forgetfulness. The evidence is the hadeeth narrated by al-Mugheerah ibn Shu‘bah: “The Prophet (peace and blessings of Allaah be upon him) said: ‘If the imaam begins to stand up after the second rak‘ah, then remembers, before he has stood fully upright, that he should sit, then he should sit down, but if he has already stood fully upright, he should not sit, but should make two prostrations of forgetfulness. (Abu Dawood, no. 1036; Silsilah al-Saheehah, 321)
In short, if someone stands up for the third rak‘ah, forgetting the tashahhud, one of the three following scenarios applies:
If he remembers it before standing up straight: then he should return to tashahhud.
If he remembers after standing up straight, and before starting the recitation of al-Faatihah: then it is better for him not to sit, but if he sits his prayer will be valid.
If he remembers it after starting the recitation of al-Faatihah: then he is not allowed to return to tashahhud. (al-Mughni ma’a al-Sharh al-Kabeer, 1/677)
These three cases have been deduced from the hadeeth quoted above.
