A woman gave birth to a dead daughter in the ninth month and buried this daughter without washing or shrouding; is there anything upon them?
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The questioner : She says that she gave birth to a dead daughter in her ninth month, and her mother and her husband's mother took the child and buried her without washing or shrouding; is there anything upon them for that?
The Shaykh : She says in the ninth month of the pregnancy?
The questioner : Yes, she says in her ninth month, and her mother and her husband's mother took the child and buried her without washing or shrouding; is there anything upon them for that?
The Shaykh : Yes, there is something upon them for that.
The questioner : Yes.
The Shaykh : Because they left an obligatory matter, which is washing this fetus, shrouding it, and praying over it. If the fetus reaches four months, meaning if it is a fetus of four months and it is aborted, it is obligatory that it be washed, shrouded, prayed over, and buried with the Muslims if it is Muslim. This is because the soul is breathed into it after four months, as in the hadith of Ibn Mas'ud (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him), the truthful and the veracious, told us:Mishkat al-Masabih 82Muttafaqun 'alayh (Zubair `Aliza'i) And when the soul is breathed into it, it becomes a living human being, having what the living human being has and owing what he owes. So if it is aborted and it has completed four months, it is obligatory that it be washed, shrouded, prayed over, and buried with the Muslims if it is Muslim.
The Shaykh : She says in the ninth month of the pregnancy?
The questioner : Yes, she says in her ninth month, and her mother and her husband's mother took the child and buried her without washing or shrouding; is there anything upon them for that?
The Shaykh : Yes, there is something upon them for that.
The questioner : Yes.
The Shaykh : Because they left an obligatory matter, which is washing this fetus, shrouding it, and praying over it. If the fetus reaches four months, meaning if it is a fetus of four months and it is aborted, it is obligatory that it be washed, shrouded, prayed over, and buried with the Muslims if it is Muslim. This is because the soul is breathed into it after four months, as in the hadith of Ibn Mas'ud (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him), the truthful and the veracious, told us: