`Aqiqah for a miscarried fetus

Q 3: Is it permissible to offer `Aqiqah (sacrifice for a newborn) for a miscarried male or female fetus? What is the ruling on offering `Aqiqah for a baby who died a few days after their birth without offering `Aqiqah for him? Is it permissible to offer `Aqiqah after his death? Is it permissible to offer `Aqiqah one, two, six months, or one year or more after a baby's birth?

A: The Jumhur (dominant majority of scholars) consider `Aqiqah to be a Sunnah (action following the teachings of the Prophet). It was reported by Ahmad, Al-Bukhari, and the compilers of the Sunan (Hadith compilations classified by jurisprudential themes) on the authority of Salman ibn `Amir that the Prophet (peace be upon him) said: "`Aqiqah is to be offered for a (newly born) boy, so slaughter (an animal) for him, and relieve him of his suffering." It was also reported by Al-Hasan from Samurah that the Prophet (peace be upon him) said: "A boy is in pledge for his `Aqiqah. Sacrifice is made for him on the seventh day, his head is to be shaved and he is to be named." This Hadith was reported by Ahmad and the compilers of the Sunan. (Part No. 11; Page No. 447) This Hadith was also deemed authentic by Al-Tirmidhy. It was reported by `Amr ibn Shu`ayb from his father from his grandfather that the Prophet (peace be upon him) said: "Whoever wishes to offer a sacrifice on behalf of his child may offer two resembling sheep for a boy and one for a girl." This Hadith was reported by Ahmad, Abu Dawud and Al-Nasa'y with a good chain of transmitters.A person is not required to offer `Aqiqah for a miscarried fetus even if he knows whether it is male or female if it is miscarried before it becomes a living being. The `Aqiqah should be offered on the seventh day of birth. If the fetus was born then dies before the seventh day, it is recommended to give it a name and offer `Aqiqah for them. Moreover, some jurists are of the view that if the seventh day after birth passes without offering `Aqiqah, then one is not required to offer it. They said that the Prophet (peace be upon him) determined the seventh day after birth for `Aqiqah. The Hanbali Madh-hab (School of Jurisprudence) and jurists of this school are of the view that it is recommended to offer `Aqiqah even after the passage of one month, year or more from the date of birth. There are many Hadiths that point this out. Al-Bayhaqy reported on the authority of Anas (may Allah be pleased with him) that the Prophet (peace be upon him) offered `Aqiqah for himself after being sent as a Messenger. This will be useful in taking more precautions.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.