Question:
A man entered the Masjid to pray Magrib and he caught two rakats with the Imaam. And he prayed the last rakat by himself. So does he read aloud in this rakat, reading the Al Faatiha with the understanding that the rakat that he prayed with the Imaam was the last rakat, (therefore the rakat he prays by himself will be his the first rakat) or does he pray with the understanding that the rakat he prayed with the Imaam was the second rakat? (therefore the rakat that he prays by himself will be the third rakat)
Answer:
He should consider the rakat that he made up after the Imaam salaams out to be his last rakat. (ie: the third rakat of maghrib) Therefore it is not legislated that he should read aloud, because it is correctly stated from the Scholars that whatever you catch from the prayer is to be consider the first part of your prayer and whatever you make up is to be consider the last part of your prayer. From the statement of the Prophet of ALLAH, peace and blessing be upon him, "When you establish the prayer then don't come to the prayer running, but come walking and be calm. So whatever you catch then pray it, and whatever you miss then make it up. (agreed upon)
Answer by Imaam 'Abdul-'Azeez Ibn 'Abdullaah Ibn Baaz [d. 1420] (rahimahullaah)
Translated by Rasheed Barbee
Source: http://www.binbaz.org.sa/Display.asp?f=Bz02394.htm