Is there a condition in the 'Aqiqah that is required in the Udhiyah?

The questioner : The last question, regarding the 'Aqiqah, I heard that there are no conditions upon it, but in another book I read, it seems that the conditions required for the Udhiyah are applied to it. May Allah bless you. Do you detail this from the joints as mentioned, or otherwise? I want a detailed explanation of this issue?

The Shaykh : The 'Aqiqah was legislated by many hadiths from the Messenger of Allah (peace and blessings be upon him). There is no condition in these hadiths regarding the conditions that are truly required for the Udhiyah. However, some jurists analogized the 'Aqiqah to the Udhiyah. Due to this attribution of the 'Aqiqah to the Udhiyah through analogy, they applied the conditions of the Udhiyah to the 'Aqiqah. But we adopt a middle position regarding analogy, between those who deny analogy, who are the Zahiris, and those who exaggerate in establishing analogy, who are the Hanafis and those who follow their path. Our basis from the previous Imams in this stance is the statement of Imam al-Shafi'i, who said, "Analogy is a necessity." It is not resorted to except out of necessity. So if we find texts, for example, regarding the 'Aqiqah, and many hadiths have come, and there is no mention in a single hadith that such and such and such are required in it, as came in the conditions of the Udhiyah, or that its conditions are the conditions of the Udhiyah, while we find all these hadiths and there is nothing in them of these conditions, we say that what is silent upon is a dispensation. If the Lord of the Worlds is silent about any condition other than what came, such as that it be on the seventh day, and for the boy two sheep, and for the girl one sheep, meaning, unless a condition comes, we do not analogize a condition in the 'Aqiqah based on an analogy to the Udhiyah. Why? Because analogy is legislating something we are not compelled to do, and necessities permit the prohibited. That is, for example, and this is a very practical issue, I think we spoke about it previously, perhaps with Abu Anas, regarding wiping over the leather socks, regarding wiping over the socks. They place many, many conditions. And we say that every condition that is not in the Book of Allah is invalid, even if it is a hundred conditions. If our Lord has relieved us, and as He said in the Qur'an , then we do not say by these conditions because there is no evidence for them except analogy, and analogy is not permissible to use in a necessity, and here there is no necessity.