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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on praying for a miscarried fetus and when a woman is considered to be in postpartum bleeding

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Question:
The questioner says: Your Eminence the Shaykh, there has been a lot of questioning about the miscarried fetus recently. When is it prayed over, and when is a woman considered to be in postpartum bleeding? Some scholars hold that it is prayed over if it has completed eighty days, meaning if it has entered the third forty-day period. What is your opinion?

Answer:
It is only prayed over if it is born in the fifth month. If it is born in the fifth month, or the sixth, or after that, it is washed, prayed over, and buried in the cemetery of the faithful. Before that, it does not have the ruling of a human being, but it is buried in good earth, and there is no harm in that. It does not require prayer or anything else until it is in the fifth month or later. An 'aqiqah is also performed for it, and it is given a name. However, postpartum bleeding is determined by the presence of signs indicating that it is a human being. If it is born in the third stage or the second, and there is a sign of a human being, such as a leg, a head, or a hand, then she is in postpartum bleeding. But it is not washed and not prayed over, as it is not a human being, but this is a sign that it is a human being. So she should leave off prayer for the duration of the postpartum period as long as the blood is with her. If the blood stops before forty days, she is pure and prays. Otherwise, she may sit until she completes the forty days or sees purity. As long as there is something of a human being, and a leg, head, or something similar indicating its formation is found, then she is in postpartum bleeding and does not pray or fast until she sees purity or completes the forty days. As for the fetus, it is not washed and not prayed over unless it is in the fifth month or later.
Source أسباب الثبات أمام الفتن — islamhouse.com (43:51)

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

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