The Ruling for the 'Aqeeqah.
The scholars differ about the ruling for the 'Aqeeqah upon three sayings:
The first saying: That it is obligatory (wajib). This is the view of some of the scholars such as Imam Ahmad in one narration, al-Hasan, al-Layth and Ibn Hazm. They use as their proof that it is obligatory the order of the Prophet in his saying: . And also its being declared like something held in pledge for a debt as occurs in the hadeeth of Samurah.
The second saying: That it is not prescribed, or that it is merely something permissible and lawful. This was the view of Imam Aboo Haneefah rahimahullaah-.
The third saying: The scholars of this saying take a middle view saying that it is a recommended (mustahab) sunnah, and it is the view of many of the scholars such as Imam Maalik, ash-Shaafi'ee, and it is what is preferred and best known from the saying of Ahmad. Their proof for this is the hadeeth: .
So this hadeeth leaves the sacrifice up to the father if he wishes to do it which shows that it is a recommendation and it dispels the idea of it being an obligation which might be understood from the other ahaadeeth. Imam ash-Shaafi'ee said: "Two men took extreme positions about the 'Aqeeqah. One man saying that it is obligatory and the other saying that is an innovation! So it is a confirmed rite and an emphasized Sunnah, therefore Imam Ahmad loved that a person should even borrow money in order to perform it, and said: "Because he is giving life to a Sunnah".
The Ruling for Performing 'Aqeeqah for a Miscarried Fetus or a Baby which dies after Birth.
The ruling for 'Aqeeqah which has preceded does not apply to the miscarried fetus, even if it is clear whether it was male or female, since it is not described as being a new-born child, nor as being a boy or a girl - and these are what the prescription of 'Aqeeqah is related to/ However, if the child is born alive and then dies after birth, the question of whether 'Aqeeqah is prescribed or not applies, and there are two views on the matter: Some of the scholars hold that 'Aqeeqah should be done for it on the seventh day since the reason for the 'Aqeeqah i.e. the child's birth occurred - this can be understood from the hadeeth: and the hadeeth: < .... So spill blood for him ....> - therefore giving money in charity cannot take the place of the sacrifice and "Aqeeqah will not be achieved by it. This can be seen from the hadeeth: 9 So it is the same in this regard as the sacrificial animals to be slaughtered on 'Eid-ul-Adhaa and on making Hajj - if charity is given instead, it will not count for them, and Allah knows best. (F) What is to be Sacrificed for a Boy and for a Girl
List of Topics
• Sacrifice for a boy & a girl
• Type & Kind of Animal
• Characteristics & Age of Animal
This rite is to be performed for the new born child whether it is a boy or a girl; however, two sheep are to be sacrificed for the boy and one for the girl. This is what is correct and witnessed to by the narrations established from Allah's Messenger (peace be upon him), as will follow, and was the position of Ibn 'Abbaas and 'Aa.ishah-radiyallaahu 'anhum - and the majority of the people of knowledge such as Imam ash-Shaafi'ee, Ahmad and others.
The proof for the saying of the majority who hold that two sheep are to be sacrificed for a boy and one for a girls is the hadeeth of 'Aishah and Umm Kurz-radiyallaahu 'anhumaa - from the Prophet (peace be upon him) who said: 10 Therefore, the Sunnah is not accomplished unless two sheep are sacrificed for a boy for one who is able to do that.11 Another saying is that the number is also a recommendation and that the Sunnah would be achieved by sacrificing a single sheep. However, the first saying is stronger and precedence since it agrees with what is clearly stated in the hadeeth12 ash-Shawkaanee said: "The outcome is that the "Aqeeqah is a Sunnah from the Sunnahs of Islam and is not properly fulfilled unless...
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