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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is there a specific time for the 'Aqiqah?

Machine translationRead the Arabic original
The Shaykh : It is slaughtered for him on his seventh day. What do you do?

The questioner : It is the seventh day.

The Shaykh : Do you understand the wording of the hadith? Does it contain a prescription?

The questioner : It means the seventh day.

The Shaykh : What do you mean by the seventh day? Does it mean it is permissible on the eighth day?

The questioner : Does it contain a prohibition?

The Shaykh : I am just asking you. The questioner and the respondent are not the same. Do you understand from the hadith that it is permissible on the eighth day? Do you understand from the hadith that it is permissible on the fifth day... for his benefit.

The questioner : The seventh day, or the fourteenth, or the twenty-first.

The Shaykh : You have not answered me. And in this manner, we will not benefit anything, and I will not benefit anything from you.

The questioner : I want to say it is permissible, but I want to wait a little...

The Shaykh : This is a binding ruling. Otherwise, the specification would be meaningless, and the speech of the Messenger of Allah (peace and blessings be upon him) is free from such. And so it is with all acts of worship. For example, the 'Id sacrifice is on the days of Mina, days of eating, drinking, and slaughtering. What does this mean? That it is permissible to slaughter afterwards?

The questioner : No, here in the days of Mina, and regarding the 'Id sacrifice, there is a text that forbids slaughtering before the prayer.

The Shaykh : No, I am currently looking into this text. What do you understand from it? You are an Arab by nature.

The questioner : I understand from it the Legislator.

The Shaykh : No, no. I am saying the days of Mina, days of eating, drinking, and slaughtering. What does this mean? That it is permissible to slaughter on other days?

The questioner: No.

The Shaykh : Ah, but do not make a mistake. If you make a mistake here, it means you made a mistake there. And if you are correct here, you are wrong there. So you must be consistent in correctness and in error.

The questioner : I distinguish between the days of Mina and the 'Aqiqah.

The Shaykh : I understand that you distinguish, but do you distinguish by your taste, in the Sufi manner that you often sing about in refuting it, or from the perspective of Arabic understanding? The days of Mina are days of slaughter. How did you understand this to imply restriction, while "slaughter for him on his seventh day" does not imply restriction?

The questioner : Because it is the days of Mina, meaning the text clearly states it is in the days of Mina, whereas in the second case, regarding the 'Aqiqah.

The Shaykh : May Allah guide you. I am just asking you how you understood it. "The days of Mina are days of slaughter" and "slaughter for him on his seventh day." These are two expressions that convey one meaning. Why did you distinguish between them? And then, is this timing from the Legislator, or is it not a timing?

The questioner : It is a timing.

The Shaykh : Well, is it permissible to violate the Shari'ah timing without Shari'ah evidence?

The questioner: No.

The Shaykh : If so, why do we hesitate to say that the 'Aqiqah is not permissible to slaughter except on the seventh day? Look now at how we should proceed in scientific jurisprudential research. Since this text implies timing, just as "the days of Mina are days of slaughter" and "the days of Tashriq are days of slaughter," does this expression give you the choice to slaughter outside the valleys of Makkah and outside Mina, or do you understand that this text is binding? All of this is exactly the same method. Otherwise, we would be nullifying the speech of the Wise Legislator. So I said, except with Shari'ah evidence. His saying (peace and blessings be upon him):
Sacrifice is made for him on the seventh day تذبح عنه يوم سابعه
Sunan Abi Dawud 2838Sahih (Al-Albani)
There is no doubt that this obligates us to slaughter the 'Aqiqah on the seventh day. But here there are two things. The first is related to a Shari'ah rule: this is for the one who is able. If he is not able and becomes able later, there is no harm. Like any obligatory act that is more emphasized than this obligation. If she could not pray for some reason, and it is known what the reason is, it is sleep or forgetfulness, then you pray when you remember, and when you wake up. If you could not pray with all the pillars, but only some, you pray to the extent of your ability
Allah does not charge a soul except [with that within] its capacity لا يكلف الله نفسا إلا وسعها
[Al-Baqarah 2:286]
. But you are able to slaughter on the seventh day, and then you do not do it. What is your excuse for that? And I do not understand that this text is binding. In that case, we would attach you to the non-Arabs, like our story, and perhaps if this stops you there, it would be a mercy from your Lord.

The questioner : On the same topic.

The Shaykh : Bring it so we can see.

The questioner : Is it correct to understand from his saying (peace and blessings be upon him):
The boy is held in pledge for his 'Aqiqah الغلام مرتهن بعقيقته
If a man violated the seventh day and was able, and slaughtered on the twentieth day or any other day, does he incur the sin of violating the seventh day...?

The Shaykh : The statement is contradictory and refuted. What is dropped is the 'Aqiqah. The condition for the 'Aqiqah is that it takes place on the seventh day. Since you assumed it took place on a day other than this, and he is able to slaughter on this day, the statement is contradictory and refuted. The one who slaughters on a day other than the seventh while being able is like the one who slaughters the 'Id sacrifice before the 'Id or after the 'Id. There is no difference between them, because it exceeds the Shari'ah specification. The one who slaughters afterwards did not think afterwards.

The questioner : And it is common among many people, the fourteenth and the twenty-first?

The Shaykh : This is what I wanted to draw attention to when I said, except with a text, we must stand by the Shari'ah specification, except with a text. If it were not for the fact that some narrations allow expansion for those who were not able to slaughter on the seventh day, then on the fourteenth, or as a last resort on the twenty-first day. And therefore, the discussion with our brother Abu Ayyub was based on the fact that he slaughtered after the twenty-first. So he did not slaughter on the seventh, nor on the fourteenth, nor on the twenty-first. So he did not take the default ruling on the seventh day, nor the dispensation on the fourteenth, nor on the twenty-first. So your question, in the military expression of some countries, is "stay in your place," meaning you and he are the same.

The questioner : Well, what about one who slaughters, for example, on the seventeenth or the eighteenth?

The Shaykh : The same thing, because he did not slaughter at the Shari'ah time.
Al-Halabi : Our Shaykh, you had mentioned in a topic like this that the number has something very significant in the Shari'ah.

The Shaykh : Without a doubt, this is a known thing.
Al-Halabi : It has a profound wisdom, otherwise what is its benefit...

The Shaykh : Nullifying and deactivating the Shari'ah ruling. And we fear what we fear, that we will find ourselves today deactivating the Shari'ah rulings, just as there were deactivators of the divine attributes in the past... Please.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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