Does the timing specified for the 'aqiqah prevent performing it if its time has passed and the cause of the delay was either inability or forgetfulness?
Machine translationRead the Arabic original
The questioner : A brother asks, saying: Does the timing specified for the 'aqiqah prevent performing it if its time has passed and the cause of the delay was either inability or forgetfulness?
The Shaykh : The answer is that as for forgetfulness, it is an excuse in many rulings, as is well known from the texts of the Qur'an and the Sunnah[Al-Baqarah 2:286] As for the other condition, which is the inability to perform it, I believe that using the general term "inability to perform" involves some leniency or laxity in verifying the actual inability to perform. I want to be explicit in saying that, in my opinion, many fathers who are blessed with a child, whether male or female, do not find it easy to perform the 'aqiqah at the prescribed time. Especially since the Wise Lawgiver has been lenient by establishing three stages for the time of the 'aqiqah: the first is the first week, the second is the second week, and the third is the third week. As you all know, the timing in every act of worship cannot be a legislation done in vain by the Lord of the Worlds. For Allah (Mighty and Majestic), as we mentioned in a previous word, said: [Al-Mulk 67:3] So, a fortiori, you will not find in the Shari'ah of Allah any disparity. When He established these three times for the 'aqiqah, it means that He provided the father with a margin: a first stage, a second, and a third. If we actually assume that a certain father did not find it easy to slaughter in the first week, nor in the second week, nor in the third week, do you see? And here is the crux of the matter, as they say: Did this man think to borrow from Allah so that he could perform what Allah (Mighty and Majestic) commanded him to do, namely the 'aqiqah and slaughter for his child? Did he think to take on debt to fulfill this obligation? I think that many fathers do not pay this much attention and do not think to borrow from those they believe are capable of lending to them. Meanwhile, we find, or we find many of them, taking on huge debts in order to hold a party that has no place in the Shari'ah, but rather for showing off, boasting, and making a fuss, and the like. Even though such people are blessed with a first, second, and third child, and they live like this, neglecting it, not giving any weight to this legal ruling. If we understand this detail, and its summary is that a father who is blessed with a child and says, "I am unable to slaughter and perform the 'aqiqah for my child, not in the first week, nor the second, nor the third," he is excused if he borrows and does not borrow, or if he does not borrow because he is unable to repay the debt. This excused person, if he is able to perform the slaughter, his slaughter is acceptable, if Allah wills, even after the three times have passed. This is the answer to this question.
The Shaykh : The answer is that as for forgetfulness, it is an excuse in many rulings, as is well known from the texts of the Qur'an and the Sunnah
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تؤاخذنا إن نسينا أو أخطأناYou do not see in the creation of the Most Merciful any inconsistency
ما ترى في خلق الرحمان من تفاوت
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
