What is the ruling regarding making up missed Dhuhr and Asr prayers from two days when one does not know which prayer was missed first?
Chapter on the Description of Prayer
Al-Mughni
Book of Prayer
Primary text
There are two transmissions regarding this issue. The first allows the individual to use their best judgment (taharrī) to determine which prayer was missed first, perform that makeup prayer, and then perform the other. Ahmad adopted this view, according to Al-Athram, stating that one should act upon what they believe is most likely concerning themselves first, and then make up the other. This is the position of Abu Yusuf and Muhammad. The evidence cited is that necessity permits abandoning sequence (tartīb), similar to situations where time is constrained or a missed prayer is forgotten, thus allowing for judgment (taharrī) just as in the matter of the Qibla.
Supporting text
The second transmission dictates that one must pray Dhuhr first, then Asr, without engaging in individual judgment (taharrī). This is because judgment is reserved for matters where some indication exists, whereas here there is no indication to rely upon, compelling a return to the sequence prescribed by Sharia. Another possible ruling is that one must perform Dhuhr, then Asr, then either Dhuhr or Asr, and then repeat the sequence (Dhuhr then Asr), because performing the obligatory duty with certainty is necessary, similar to forgetting a specific prayer from an unknown day. Abu Dawud narrated from Ahmad that a person who missed the Dhuhr and Asr prayers on two separate days without knowing which was first should repeat the prayers until certainty is achieved in the heart, which aligns with the school of Abu Hanifa.