Asalmu-alaykum respected mufti sahab, Why does the masbuq have to sit in tashahud in this first rakah he is completing.? shouldnt it be in the second rakah?
The Masbooq should recite one Takbeer whilst rising from the sitting to the
Qiyaam position. Thereafter, he must recite the Thanaa, Ta’awwuz, Tasmiyah,
etc. There is no need to recite a new Takbeer whilst standing.
In order for us to answer the second part of your question, we need more
clarification. We need to know whether your question is regarding a Masbooq
in a two, three or four Rakaat Salaat.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai