The ruling on abortion if it is determined that the fetus has Down syndrome or is a healthy carrier
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The Shaykh: Because Allah creates what you do not know, yes. Yes. Yes. Yes, indeed. Yes. Yes, indeed. May Allah grant you well-being. As for me, the result came out, Doctor, yes, may Allah reward you with good.
The questioner: We give priority to the Shaykh.
The Shaykh: And we fear Allah, Doctor.
The questioner: Or a point that I understood from you, but I am not sure if the brother has an issue.
The Shaykh: No, I didn't ask him. You take it, listen to him, talk to our brother Ali, Doctor, if you permit.
The questioner: May Allah keep you safe, how are you, Doctor? I hope we haven't disturbed you this morning. You are used to it, meaning, may Allah preserve you, O my master. In a case where I understood, I mentioned two points to our Shaykh. The first point is the one I understood now, and the second point, I doubted my understanding of it, so I said, perhaps I understood it wrong, so let us confirm with the Doctor, or perhaps I didn't master it, because you know, several brothers came and such, and we were busy. The issue is that the brother himself has a specific problem. I understood from him, I understood from you, that he has a specific problem, medically or in the lab, or such, and there is none? Yes, it exists. Yes, perhaps I understood. You, my problem now, please, Doctor. Peace be upon you. How are you, Shaykh? No, of course, the reports, I am healthy, yes, and the wife is the carrier, of course, if you don't remember, yes. No, no, there is nothing. Yes, yes, yes, yes, indeed, one-third, one-third, one-third. Yes, indeed, the reports, yes, I am healthy and the reports are available, meaning, and I showed them to you, and the wife is the one who is the carrier, yes, is that possible? Of course, you know, meaning, a disabled one comes, yes, peace be upon you. Please, Doctor. Praise be to Allah. Please. Allah is the Greatest. Allah is the Greatest. We ask Allah for that.
The Shaykh: Regarding our brother Jamal al-Harithi.
The questioner : Yes.
The Shaykh: Did he send you the fax? Yes, Shaykh, good.
The questioner : Yes.
The Shaykh: Do you want to send him the answer by fax.
The questioner: With me. No, we will take it with us, meaning. May Allah bless you, no, by Allah.
The Shaykh: You are traveling, you are.
The questioner: Yes. If Allah wills, for us tomorrow at Dhuhr.
The Shaykh: And we do not look.
The questioner: The brother Ali has work. May Allah bless you. Peace be upon you. And Allah's mercy and blessings. Because tomorrow, O our Shaykh, is the last day for leaving. Or. Tomorrow. Al-Sulaiman himself called the ambassador. The work is there. May Allah have mercy on you. No, every year. They, of course, say what?
The Shaykh: By Allah.
The questioner: They say it like this, and it increases by three or four days, but we wait until we go on the last day, do you understand how? Meaning, they do not say that after one month they will not enter, but it is not true, O our Shaykh, three times we went, and every time two, three, and four months, impossible, people are coming.
The Shaykh: They used to do it as a precaution.
The questioner: This door. Yes, indeed. O our Shaykh, if you would be kind, summarize the second part from the Doctor, because of course, it was not recorded.
The Shaykh: Yes, what we want to say now. There is nothing regarding you.
The questioner: He said, I think the ground was confused for me.
The Shaykh: This is it, praise be to Allah.
The questioner: Praise be to Allah, he means, I am saying this.
The Shaykh: Yes, yes, this is the original, meaning, as the brother narrated about himself with the reports that were presented to him, we, O Abu Isha, what do they tell you? Abu Ihab, Abu Ihab, we, O Abu Ihab, conclude with the conclusion. The first section, Down syndrome, which you call it. This is possible that we issue a fatwa for its abortion before the soul is breathed into it.
The questioner: Before forty days, meaning.
The Shaykh : As for the healthy individual who is a carrier and may transmit the condition in the future, it is not permissible to abort the fetus. The default is that he is healthy, and the fact that he is a carrier is something that will occur after a long period of time has passed. He may get married, or he may not, and several possibilities arise that prevent us from saying it is permissible to abort, just as we stated regarding the case of Down syndrome. Is that clear? In addition to this, medicine today provides us with new treatments every day that were not known before. So, on the day this healthy boy, described as a carrier, lives, and on the day he gets married, Allah creates what you do not know. These reasons do not justify abortion. Therefore, abortion remains permissible only if a precise medical examination reveals that the fetus belongs to the first category.
The questioner: which is the carrier, meaning.
The Shaykh: And we say. Clear.
The questioner: Clear. Meaning, the healthy one is not a carrier. No.
The Shaykh: No, no.
The questioner: There is none.
The Shaykh: There is none.
The questioner: And even if he has a problem, meaning.
The Shaykh: This problem is speculative, and we said there is a possibility he may not get married, why? So that we negate his life, and it may be prepared for the soul to be breathed into him in his mother's womb, there is nothing here that justifies it, as is the case in the first scenario, in this perspective.
The questioner: The second possibility is that he may be treated in the future. What did we mention?
The Shaykh : No, this is also not the case. Yes, it is possible that a treatment for this transmission will be discovered by doctors that prevents him, while he is healthy, from transmitting the disease to a healthy woman, if he gets married. And Allah knows best. This is the answer, or the summary of the question. The matter remains that if you want to get married, you must convince your wife that this marriage is permissible in Islam, and it is obligatory for her, as a religious woman, to accept the ruling of the Shari'ah,[An-Nisa 4:65] and they submit in full submission. This is the final outcome.
The questioner: May Allah reward you. If Allah wills, good.
The Shaykh: May Allah keep you safe.
The questioner: We give priority to the Shaykh.
The Shaykh: And we fear Allah, Doctor.
The questioner: Or a point that I understood from you, but I am not sure if the brother has an issue.
The Shaykh: No, I didn't ask him. You take it, listen to him, talk to our brother Ali, Doctor, if you permit.
The questioner: May Allah keep you safe, how are you, Doctor? I hope we haven't disturbed you this morning. You are used to it, meaning, may Allah preserve you, O my master. In a case where I understood, I mentioned two points to our Shaykh. The first point is the one I understood now, and the second point, I doubted my understanding of it, so I said, perhaps I understood it wrong, so let us confirm with the Doctor, or perhaps I didn't master it, because you know, several brothers came and such, and we were busy. The issue is that the brother himself has a specific problem. I understood from him, I understood from you, that he has a specific problem, medically or in the lab, or such, and there is none? Yes, it exists. Yes, perhaps I understood. You, my problem now, please, Doctor. Peace be upon you. How are you, Shaykh? No, of course, the reports, I am healthy, yes, and the wife is the carrier, of course, if you don't remember, yes. No, no, there is nothing. Yes, yes, yes, yes, indeed, one-third, one-third, one-third. Yes, indeed, the reports, yes, I am healthy and the reports are available, meaning, and I showed them to you, and the wife is the one who is the carrier, yes, is that possible? Of course, you know, meaning, a disabled one comes, yes, peace be upon you. Please, Doctor. Praise be to Allah. Please. Allah is the Greatest. Allah is the Greatest. We ask Allah for that.
The Shaykh: Regarding our brother Jamal al-Harithi.
The questioner : Yes.
The Shaykh: Did he send you the fax? Yes, Shaykh, good.
The questioner : Yes.
The Shaykh: Do you want to send him the answer by fax.
The questioner: With me. No, we will take it with us, meaning. May Allah bless you, no, by Allah.
The Shaykh: You are traveling, you are.
The questioner: Yes. If Allah wills, for us tomorrow at Dhuhr.
The Shaykh: And we do not look.
The questioner: The brother Ali has work. May Allah bless you. Peace be upon you. And Allah's mercy and blessings. Because tomorrow, O our Shaykh, is the last day for leaving. Or. Tomorrow. Al-Sulaiman himself called the ambassador. The work is there. May Allah have mercy on you. No, every year. They, of course, say what?
The Shaykh: By Allah.
The questioner: They say it like this, and it increases by three or four days, but we wait until we go on the last day, do you understand how? Meaning, they do not say that after one month they will not enter, but it is not true, O our Shaykh, three times we went, and every time two, three, and four months, impossible, people are coming.
The Shaykh: They used to do it as a precaution.
The questioner: This door. Yes, indeed. O our Shaykh, if you would be kind, summarize the second part from the Doctor, because of course, it was not recorded.
The Shaykh: Yes, what we want to say now. There is nothing regarding you.
The questioner: He said, I think the ground was confused for me.
The Shaykh: This is it, praise be to Allah.
The questioner: Praise be to Allah, he means, I am saying this.
The Shaykh: Yes, yes, this is the original, meaning, as the brother narrated about himself with the reports that were presented to him, we, O Abu Isha, what do they tell you? Abu Ihab, Abu Ihab, we, O Abu Ihab, conclude with the conclusion. The first section, Down syndrome, which you call it. This is possible that we issue a fatwa for its abortion before the soul is breathed into it.
The questioner: Before forty days, meaning.
The Shaykh : As for the healthy individual who is a carrier and may transmit the condition in the future, it is not permissible to abort the fetus. The default is that he is healthy, and the fact that he is a carrier is something that will occur after a long period of time has passed. He may get married, or he may not, and several possibilities arise that prevent us from saying it is permissible to abort, just as we stated regarding the case of Down syndrome. Is that clear? In addition to this, medicine today provides us with new treatments every day that were not known before. So, on the day this healthy boy, described as a carrier, lives, and on the day he gets married, Allah creates what you do not know. These reasons do not justify abortion. Therefore, abortion remains permissible only if a precise medical examination reveals that the fetus belongs to the first category.
The questioner: which is the carrier, meaning.
The Shaykh: And we say. Clear.
The questioner: Clear. Meaning, the healthy one is not a carrier. No.
The Shaykh: No, no.
The questioner: There is none.
The Shaykh: There is none.
The questioner: And even if he has a problem, meaning.
The Shaykh: This problem is speculative, and we said there is a possibility he may not get married, why? So that we negate his life, and it may be prepared for the soul to be breathed into him in his mother's womb, there is nothing here that justifies it, as is the case in the first scenario, in this perspective.
The questioner: The second possibility is that he may be treated in the future. What did we mention?
The Shaykh : No, this is also not the case. Yes, it is possible that a treatment for this transmission will be discovered by doctors that prevents him, while he is healthy, from transmitting the disease to a healthy woman, if he gets married. And Allah knows best. This is the answer, or the summary of the question. The matter remains that if you want to get married, you must convince your wife that this marriage is permissible in Islam, and it is obligatory for her, as a religious woman, to accept the ruling of the Shari'ah,
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَThe questioner: May Allah reward you. If Allah wills, good.
The Shaykh: May Allah keep you safe.
Source
سلسلة الهدى والنور، رقم 1244 في قناة «تسجيلات الإمام الألباني - محمد أبو ليلى الأثري» — youtube.com (2:07)
The Arabic text is a machine transcription of the audio recording.
