The Aqeeqah for a miscarried foetus and other issues Q. Should an Aqeeqah be performed for the miscarried foetus that is clearly a male or female? If the child is born then it dies after a few days and an Aqeeqah was not performed for it during its short life, should it be performed after its death? If a month, two months, six months or a year passes after the birth of a child or he grows up and his Aqeeqah has not been performed should it be performed or not? A. The majority of the scholars hold that the Aqeeqah is Sunnah for it has been narrated by Ahmad, Bukhaari and the compilers of the Sunan1 upon the authority of Salmaan Ibn ‘Aamir that the Prophet (saw) said: “With the child is an Aqeeqah, so spill blood (sacrifice) upon his behalf and remove from him the harmful2.” Also due to the narration of AlHasan upon the authority of Samrah that the Prophet (saw) said: “Every child is a pledge subject to its Aqeeqah, an animal is sacrificed upon its behalf on its seventh day, its head shaved and it is there forth named.” Similarly narrated by Ahmad, compilers of the Sunan and authenticated by Tirmidthee. Furthermore the narration of ‘Amaru Ibn Shu’ayb from his father upon the authority of his grandfather, that the Prophet (saw) said: “He amongst you who likes to sacrifice on behalf of his child then let him do so, on behalf of a boy two equivalent sheep, and on behalf of a girl, one sheep.” Narrated by Ahmad, Abu Daawood and Nasaaee with a chain that is Hasan. There is no Aqeeqah for a miscarried foetus before the soul is blown into it even if it is clearly male or female this is because it is not yet defined as a child. The Aqeeqah is sacrificed on the seventh day after the birth. If the foetus is born alive and then it dies before the seventh day, it is the Sunnah to perform its Aqeeqah on the seventh day. If the seventh day passes and the child’s Aqeeqah is not performed, some scholars are of the opinion that it is not from the Sunnah to perform it after this time because the Prophet (saw) designated the seventh day for it. The Haanbaly3 and another group of scholars hold that it is from the 1
The compliers of the Sunan are: Abu Daawood, Tirmidthee, Nasaaee and Ibn Maajah. The removing of harm from him is as mentioned by some scholars the shaving of his head, however this phrase is more general, encompassing this and other meanings. It is therefore more befitting to interpret its meaning as being more general. [See FathulBaary: 9/740 by Ibn Hajr]. 3 The Haanbaly Mathhab: Based upon the legal opinions of the great scholar of Hadeeth Imaam Ahmad Ibn Hanbal, 164241 Hijry. He studied underneath great scholars such as Imaam Shaafi’ee, Sufyaan Ibn ‘Uyaynah and Waqee’. Of his more famous students: Bukhaari, Muslim and Abu Daawood. He was the 2
Sunnah to perform the Aqeeqah even after a month or year or more after the birth due to the generality of these authentic Ahaadeeth. Also due to the narration of Bayhaqy upon the authority of Anas (ra), that the Messenger of Allaah (saw) performed his own Aqeeqah after he was raised as a Prophet, this is the safer opinion. The Permanent Committee [Fataawa Islaamiyyah: 2/325]
compiler of the famous collection of Ahaadeeth named AlMusnad.