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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Prayer for a Miscarried Fetus, Its Washing, and the Rulings of Post-Natal Bleeding

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The questioner:
Is the funeral prayer performed for a fetus that has reached four months of age? Is it washed? What is the ruling if it was buried without these rites due to ignorance?

The Shaykh:
If the fetus reaches four months, its ruling is the same as that of the dead, because the soul was breathed into it during this period. The Prophet (peace and blessings be upon him) said in the hadith narrated by Ibn Mas'ud (may Allah be pleased with him): "Indeed,
a human being is put together in the womb of the mother in forty daysأحدكم يجمع خلقه في بطن أمه أربعين يوما
Sahih al-Bukhari 3208
a drop, and it becomes a clot
for a similar period, and then a piece of flesh for a similar period. Thenمثل ذلك، ثم يكون مضغة مثل ذلك، ثم
Sahih al-Bukhari 3208
, and the angel is sent to it, meaning in the fourth forty days,
Allah sends His angel to it with instructions concerning four things, so the angel writes down his livelihood, his death, his deeds, his fortune and misfortune.فَيَنْفُخُ فِيهِ الرُّوحَ وَيُؤْمَرُ بِأَرْبَعِ كَلِمَاتٍ بِكَتْبِ رِزْقِهِ وَأَجَلِهِ وَعَمَلِهِ وَشَقِيٌّ أَوْ سَعِيدٌ
Sahih Muslim 2643a
.
If it enters the fourth month, meaning it reaches one hundred and twenty days, then at that point the soul has been breathed into it. If it is then miscarried, it takes on the rulings of the dead, because it is washed, shrouded, prayed over, and buried in the Muslim cemeteries, because it has become a corpse like the corpses of Muslims, having died after the soul was breathed into it. As for before four months, no, this does not take on the ruling of a corpse, but it is buried in any place, and it does not take on the ruling of a corpse before four months. Yes. Yes.

Another questioner:
The past. Before, further back.

The Shaykh:
Post-natal bleeding has another ruling. Post-natal bleeding begins from eighty-one days. If she delivers from the beginning of the third forty days and blood comes out with it after that, then this is post-natal bleeding, and she sits for forty days, because at that time it has been created and completed, and its limbs have become distinct, meaning there is the creation of a human being. So eighty-one days and what follows this is post-natal bleeding if blood comes out for her. As for the issue of the fetus, its treatment with prayer is for the completion of four months as you heard. So there is a difference between the ruling for the mother and the ruling for the child, the ruling for the fetus.
Source الفوزان -أشرطة- أسئلة وأجوبة من دروس التوحيد - الفوزان - أسئلة وأجوبة - 04 — archive.org (13:58)

The Arabic text is a machine transcription of the audio recording.

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