The 'Aqeeqah for the miscarried Child
Question :
Is there an 'Aqeeqah for the miscarried infant that is clearly a male or female? Likewise, concerning the newborn child who is born and then it dies after some days, and an 'Aqeeqah was not performed for it during its life, is an 'Aqeeqah performed for it after its death? Also, if a month passes after the birth of the newborn child, or two months or half a year or a year or more, and an 'Aqeeqah was not performed for it, should an 'Aqeeqah be performed or not?
Answer:
The majority of the Fiqh scholars hold the view that the 'Aqeeqah is Sunnah (recommended) due to what Ahmad, Al-Bukhari and the Sunan compilers recorded from Salman bin 'Aamir from the Prophet, who said:
"With the child is an 'Aqeeqah, so shed blood on his behalf and remove the harm from him."
This is also due to what Al-Hasan reported from Samurah that the Prophet said:
"Every child is a pledge for his 'Aqeeqah. It is slaughtered for him on the 7th day after his birth, his head is shaved and he is named."
This was recorded by Ahmad and the Sunan compilers, and At- Tirmithi graded it authentic. It is also due to what 'Amr bin Shu'ayb reported from his father from his grandfather that the Prophet said:
"Whoever among you likes to perform a sacrifice for his child, then let him do so. Two equal sheep for the boy and one sheep for the girl."
This was recorded by Ahmad, Abu Dawud and An-Nasa'i with a good chain of narration.
There is no 'Aqeeqah for the miscarried child, even if it is clear whether it is a boy or a girl, if it is miscarried before the soul has been blown into it, because it is not called a child or a newborn. The 'Aqeeqah is slaughtered on the 7th day after the birth.
If the child is born alive and it dies before the 7th day, it is Sunnah to perform the 'Aqeeqah for it on the 7th day. If the 7th day passes and the 'Aqeeqah is not performed for it, some of the Fiqh scholars held the view that it is not Sunnah to perform the 'Aqeeqah for it after that. This is because the Prophet designated the time as the 7th day.
The Hanbali scholars and a group of the Fiqh scholars went with the view that it is Sunnah to perform the 'Aqeeqah for the child even if it is after a month or a year or more, from the time of its birth. This is due to the generality of the confirmed Hadiths and due to what Al-Bayhaqi recorded from Anas that the Prophet performed an 'Aqeeqah for himself after he was missioned (with the Prophethood), and this is the safest view.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 4 Pages 341-342
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