Does the first group separate from the Imam during the Tashahhud or when the Imam stands for the third Rak'ah (in a situation where the latecomers are completing prayer in segments)?
General Chapter
Al-Mughni
Book of the Prayer of Fear
Primary text
There are two scholarly opinions on whether the first group separates from the Imam during the Tashahhud or when he stands for the third Rak'ah. If the second group sits for the Tashahhud upon completing their third Rak'ah (which is the Imam's fourth), that group does not make Tashahhud with him, as it is not the proper position for their Tashahhud, unlike the situation in a four-Rak'ah make-up. This was mentioned by Al-Qadi.
Supporting text
It is probable that they should perform the Tashahhud with him, as they are completing two consecutive Rak'ahs, which, according to one narration, leads to them completing three Rak'ahs with a single Tashahhud. Since this scenario has no parallel in the established prayers, under this probability, they should perform the first Tashahhud with him, then stand, making it entirely analogous to the four-Rak'ah prayer.