A woman miscarried in the fourth month, and they were twins, so she buried them in the courtyard of the house and no funeral prayer was performed over them; what is the ruling, knowing that this was ten years ago?
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The questioner : He says: May the Shaykh be respected, there is a woman who miscarried in the fourth month, and they were twins, and they were born dead, so a woman immediately
The Shaykh : What was the nature of the miscarriage?
The questioner : There is a woman who miscarried in the fourth month, and they were twins, so a woman immediately took the two infants and buried them in the courtyard of the house, and no funeral prayer was performed over them. What is the ruling on the action of the woman who buried them without prayer and without washing? And what is required of her now, given that approximately ten years have passed since their burial, and the site of their graves has become paved, that is, a path and a walkway for pedestrians? Please advise us, may Allah reward you with good.
The Shaykh : Yes. First: if the pregnancy had not reached four months, then there is no ruling regarding prayer, washing, shrouding, or burial; it is buried in any place. So if these twins had not reached four months, then what this woman did is not wrong.
And if they had reached four months, then when the fetus reaches four months, Allah the Exalted commands the angel of the fetus to breathe the soul into it, and it moves. At that point, this woman is sinful for her action, because it is obligatory to wash them, shroud them, pray over them, and bury them in the Muslim cemeteries. The woman should try to remember whether this was before the completion of four months or after, and act according to what we have just said. Yes, but it has been ten years now. If they certainly reached four months, then what remains that can be made up is only the prayer over them, so they should be prayed over, even in the house. Yes.
The Shaykh : What was the nature of the miscarriage?
The questioner : There is a woman who miscarried in the fourth month, and they were twins, so a woman immediately took the two infants and buried them in the courtyard of the house, and no funeral prayer was performed over them. What is the ruling on the action of the woman who buried them without prayer and without washing? And what is required of her now, given that approximately ten years have passed since their burial, and the site of their graves has become paved, that is, a path and a walkway for pedestrians? Please advise us, may Allah reward you with good.
The Shaykh : Yes. First: if the pregnancy had not reached four months, then there is no ruling regarding prayer, washing, shrouding, or burial; it is buried in any place. So if these twins had not reached four months, then what this woman did is not wrong.
And if they had reached four months, then when the fetus reaches four months, Allah the Exalted commands the angel of the fetus to breathe the soul into it, and it moves. At that point, this woman is sinful for her action, because it is obligatory to wash them, shroud them, pray over them, and bury them in the Muslim cemeteries. The woman should try to remember whether this was before the completion of four months or after, and act according to what we have just said. Yes, but it has been ten years now. If they certainly reached four months, then what remains that can be made up is only the prayer over them, so they should be prayed over, even in the house. Yes.