Does the 'Aqiqah become void for a man who has a group of children for whom he did not perform it, given that he passed away and did not perform it for his sons?
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The questioner : Does the 'Aqiqah become void for a man who has a group of children for whom he did not perform it, given that this man passed away and did not perform it for his five sons? Is it permissible for the children to perform it for themselves?
The Shaykh : Yes. The 'Aqiqah is a confirmed recommended practice (sunnah) for the one who is able, and it is two sheep for a male and one sheep for a female. It is best to slaughter it on the seventh day after birth. So if a child is born on a Tuesday, for example, the day of his 'Aqiqah is the Monday of the second week. And if he is born on a Friday, the day of his 'Aqiqah is the Thursday of the second week, and so on. If the seventh day is missed, then it is on the fourteenth day. If the fourteenth is missed, then it is on the twenty-first day. If that is missed, then it is on any day. This is what the jurists (may Allah have mercy on them) said.
So if the person, who is the father of the child, whether the child is male or female, if he was not financially able at that time, then the 'Aqiqah is void for him, because it is only prescribed for the one who is financially able. As for the poor man, he is not burdened with it, and he is incapable of it, due to the saying of Allah the Exalted:[At-Taghabun 64:16] and His saying: [Al-Baqarah 2:286] So this man who has died and has sons for whom he did not perform the 'Aqiqah, we look at the situation: if he was financially unable and could not perform it for them, then it is not made up for him, because it is not prescribed for him. But if he was financially able but left it off out of negligence, then if there are among the heirs people who are minors or have a deficiency in intellect, then nothing is taken from their share for this 'Aqiqah. And if the heirs are of sound mind and they wish to perform the 'Aqiqah from their father's money with the agreement of everyone, then there is no harm. And if that is not the case, and each one of them wishes to perform the 'Aqiqah for himself on behalf of his father or to make it up for his father, then there is no harm. Yes.
The questioner : May Allah reward you. From Jeddah, the listener Abu Zaher says.
The Shaykh : Yes. The 'Aqiqah is a confirmed recommended practice (sunnah) for the one who is able, and it is two sheep for a male and one sheep for a female. It is best to slaughter it on the seventh day after birth. So if a child is born on a Tuesday, for example, the day of his 'Aqiqah is the Monday of the second week. And if he is born on a Friday, the day of his 'Aqiqah is the Thursday of the second week, and so on. If the seventh day is missed, then it is on the fourteenth day. If the fourteenth is missed, then it is on the twenty-first day. If that is missed, then it is on any day. This is what the jurists (may Allah have mercy on them) said.
So if the person, who is the father of the child, whether the child is male or female, if he was not financially able at that time, then the 'Aqiqah is void for him, because it is only prescribed for the one who is financially able. As for the poor man, he is not burdened with it, and he is incapable of it, due to the saying of Allah the Exalted:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAllah does not charge a soul except [with that within] its capacity
لا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَاThe questioner : May Allah reward you. From Jeddah, the listener Abu Zaher says.