Is an 'Aqiqah performed for a miscarriage, and if a child dies two days after birth, or after a month or more, is an 'Aqiqah performed for them?
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The questioner : This questioner asks whether a miscarriage requires an 'Aqiqah. I also ask and say: if a child dies two days after birth, or after a month or more, is an 'Aqiqah performed for them?
The Shaykh : If a miscarriage occurs before four months, it is not a human being but a piece of flesh. It is buried in any place, and it is not washed, shrouded, prayed over, or resurrected on the Day of Resurrection. If it occurs after four months, the soul has been breathed into it and it has become a human being. If it is born, it is washed, shrouded, prayed over, given a name, and an 'Aqiqah is performed for it. However, the 'Aqiqah for such a case is not like the 'Aqiqah for one who is born alive and remains for a day or two.
The 'Aqiqah for one who remains for a day or two is not like the 'Aqiqah for one who completes seven days. For this reason, the Prophet (peace and blessings be upon him) clarified that the 'Aqiqah is slaughtered on the seventh day. Some scholars have said that if a child dies before the seventh day, or is born dead, no 'Aqiqah is performed for them because the time for the recommended 'Aqiqah, which is the seventh day, has not arrived. For this reason, we said that the issue follows a sequence. One who miscarries from the womb before completing four months does not have an 'Aqiqah performed for them, is not given a name, and does not have the ruling of a human being; they are not washed, shrouded, or prayed over, and are buried in any place on earth.
One who miscarries after four months and is dead is washed, shrouded, prayed over, given a name, and an 'Aqiqah is performed for them.
One who is born alive, remains for a day or two, and dies before the seventh day is likewise washed, shrouded, prayed over, and buried in the graveyards with people, and an 'Aqiqah is performed for them. However, there is scholarly disagreement regarding this case and the one before it.
One who remains until the seventh day and then dies afterward is washed, shrouded, prayed over, buried with the Muslims, given a name, and an 'Aqiqah is performed for them. Yes.
The questioner : May Allah bless you, O honorable Shaykh.
The Shaykh : If a miscarriage occurs before four months, it is not a human being but a piece of flesh. It is buried in any place, and it is not washed, shrouded, prayed over, or resurrected on the Day of Resurrection. If it occurs after four months, the soul has been breathed into it and it has become a human being. If it is born, it is washed, shrouded, prayed over, given a name, and an 'Aqiqah is performed for it. However, the 'Aqiqah for such a case is not like the 'Aqiqah for one who is born alive and remains for a day or two.
The 'Aqiqah for one who remains for a day or two is not like the 'Aqiqah for one who completes seven days. For this reason, the Prophet (peace and blessings be upon him) clarified that the 'Aqiqah is slaughtered on the seventh day. Some scholars have said that if a child dies before the seventh day, or is born dead, no 'Aqiqah is performed for them because the time for the recommended 'Aqiqah, which is the seventh day, has not arrived. For this reason, we said that the issue follows a sequence. One who miscarries from the womb before completing four months does not have an 'Aqiqah performed for them, is not given a name, and does not have the ruling of a human being; they are not washed, shrouded, or prayed over, and are buried in any place on earth.
One who miscarries after four months and is dead is washed, shrouded, prayed over, given a name, and an 'Aqiqah is performed for them.
One who is born alive, remains for a day or two, and dies before the seventh day is likewise washed, shrouded, prayed over, and buried in the graveyards with people, and an 'Aqiqah is performed for them. However, there is scholarly disagreement regarding this case and the one before it.
One who remains until the seventh day and then dies afterward is washed, shrouded, prayed over, buried with the Muslims, given a name, and an 'Aqiqah is performed for them. Yes.
The questioner : May Allah bless you, O honorable Shaykh.