Is it permissible for one who did not perform the 'aqiqah for his daughter who died to spend the cost of the 'aqiqah on the funeral gathering they are holding for her?
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The questioner : If you please, Professor, our tribe has a custom that when someone dies, they slaughter an animal for him the next day. That is, on the first day, people invite them, and on the second day, they prepare a dinner. Naturally, it is well known in the Shari'ah that it is not permissible to do this act, which is attributed to the dinner. But another matter came to us: this was a girl who did not exceed two years of age. So the father of the deceased asked one of the brothers, saying, "What is upon me?" He mentioned the 'aqiqah, saying, "If you did not perform the 'aqiqah, it will not intercede for you on the Day of Resurrection." So he said, "Then I want to slaughter tomorrow, in place of what? In place of the dinner." So it passed as if... He said to the people, "Without a doubt, my brothers, I am not making a dinner, and the dinner is an innovation that is not permissible. But I want to make it an 'aqiqah for my daughter so that it will intercede for me on the Day of Resurrection." So is this act a slaughter in place of a slaughter, or a meal in place of a meal?
The Shaykh : Naturally, this act is not permissible. The 'aqiqah has known days in which it is slaughtered. So if he did not slaughter it on the seventh day, or the fourteenth, or the twenty-first, its time has passed. And even if we assume that he was excused, it is not permissible for him to choose a time that is not prescribed, which gives people the impression that he is doing an act that is not permissible. This is not permissible.
The Shaykh : Naturally, this act is not permissible. The 'aqiqah has known days in which it is slaughtered. So if he did not slaughter it on the seventh day, or the fourteenth, or the twenty-first, its time has passed. And even if we assume that he was excused, it is not permissible for him to choose a time that is not prescribed, which gives people the impression that he is doing an act that is not permissible. This is not permissible.
Source
www.al-albany.com
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