The aforementioned had?th indicates that were creating a second congregation permissible and affirmed, the threat of burning would not have any sense for those who did not present themselves in the first congregation could do so in the second.

If it were raised that by excusing the threat, the prophet ( - صلى الله عليه وسلم -) would miss the first congregation himself; the answer would be that if he ( - صلى الله عليه وسلم -) missed the whole Sal?t with the congregation in his Mosque he ( - صلى الله عليه وسلم -) would surely do it in another mosque with its congregation.

The prophet’s ( - صلى الله عليه وسلم -) words “who did not present themselves for the (compulsory congregational) Sal?t” refer to the one he ordered to be established for the second definite noun (the Sal?t) is a repetition of the first mentioned definite noun; besides the definite article “the” serves the purpose of specification. This indeed affirms what we stated about the second congregation. Were the second congregation permissible, prophet ( - صلى الله عليه وسلم -) would have said: ‘who did not present themselves for Sal?t’. (1)

(4) The ?th?r: Im?m Ash-Sh?fi‘? said: ‘If there is an Im?m appointed for a mosque and some people missed the congregational Sal?t with him, they should perform their Sal?t individually. Forming a[second] congregation is not permissible- for this act was not the practice of the Salaf; on the contrary they detested it- but if a second congregation was done, the Sal?t is correct and valid’. (2)

Ash-Sh?fi‘?’s statement ‘they detested it” indicates that the Sah?bah ( - رضي الله عنهم -) abhorred establishing a second congregation [after the first one. The word Salaf according the ‘Ulamah refers to the Sah?bah and the T?bi‘?n ( - رضي الله عنهم -) ’.