Some scholars have stipulated the conditions of the udhiyah (sacrifice) for the 'aqiqah; what is the validity of this statement?

The questioner : Shaykh, we hear... I remembered that they say some scholars have stipulated the conditions of the udhiyah (sacrifice) for the 'aqiqah; what is the validity of this statement?

The Shaykh : These conditions have no scriptural evidence; they merely stated them by way of analogical reasoning (qiyas). Although we consider qiyas to be the fourth source of evidence in the Shari'ah, in agreement with the majority of scholars, contrary to Ibn Hazm, we also hold that we should not expand the use of qiyas. We should stop at the statement of Imam al-Shafi'i (may Allah have mercy on him) in some of his chapters: "Qiyas is a necessity." Qiyas is a necessity; that is, when a person finds that he has no choice but to use qiyas, he does so. This is usually done to resolve a problem, but it is not done to expand the scope of the rulings of the Shari'ah upon the Muslims, the consequences of which are restriction and hardship for them. This is the case with applying the rulings of the udhiyah (sacrifice) to the rulings of the 'aqiqah.