limited the time for ‘Asr to before the sun sets or approaches sunset, while you do not permit Fajr to be performed at a prohibited time?

Second: Although the person praying ‘Asr performs the second rak‘ah outside a prohibited time, the person praying Fajr performs the first outside a prohibited time. Moreover, the latter has the advantage of having performed the first rak‘ah within its time, without censure or prohibition, unlike the person praying ‘Asr, who performs the first under censure and prohibition.

In any case, the hadith and their agreement establish that he did not prohibit every prayer. Rather, that day’s ‘Asr prayer is performed at a prohibited time, as established by the explicit text and their agreement. Likewise, the second rak‘ah of Fajr is performed then, as established by the explicit text and affirmed by the majority.

If it is said, “He is censured for praying ‘Asr at a prohibited time. How, then, can they say, ‘He did not prohibit it before censuring it’?”—the censure concerns only delaying it until this time. Once he has sinned by delaying it, he is instructed to perform it at this time rather than let it lapse, for letting it lapse is a greater sin and is impermissible under any circumstances. Performing it while bearing some sin is better than letting it lapse and thereby incurring an even greater sin.

The Lawgiver always gives precedence to the greater of two benefits by forgoing the lesser, and averts the greater of two evils by accepting the lesser. This is like a traveler who has water that he needs for purification: he is instructed to purify himself with it. If he pours it away, he sins and is instructed to perform dry ablution, and his prayer would be