Our Shaykh, the ‘Allaamah, the Sincere Adviser, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him – on the 14th, Jumaada Al-Uwlaa 1440H, said:
Chapter “What has come regarding the Aqeeqah”
حدثنا محمد بن يحيى، قال : ثنا يزيد بن هارون،قال: أخبرنا شعبة، عن قتادة، عن الحسن، عن سَمُرَة َ بن جندب،رضى الله عنه ،عن النبي صلى الله عليه وسلم قال: كُلُّ غُلاَمٍ مُرْتَهَنٌ بِعَقِيقَتِهِ يُذْبَحُ عَنْهُ يَوْمَ السَّابِعِ وَيُحْلَقُ رَأْسُهُ وَيُسَمَّى
Samurah – may Allaah be pleased with him – narrated that the Messenger of Allaah (ﷺ) said : “Every boy is in pledge for his ‘Aqiqah, to be slaughtered on his behalf on the seventh day of his birth, his head is to be shaved, and he is to be given a name.”
The chain of narration of the Hadeeth is considered authentic by the author and it is found in Saheeh Al-Musnad of Al-Waadiee.
His statement “The Aqeeqah”
Is the sacrifice ;which is slaughtered for the newborn, upon that which is most correct.
The ruling of the Aqeeqah
All the people of knowledge are upon it being legislated, and none opposed it being legislated except the people of Speculative Opinions.
And those that mention it being obligated use as proof the hadeeth of Buraydah, and the hadeeth:
(كُلُّ غُلاَمٍ مُرْتَهَنٌ بِعَقِيقَتِهِ)
“A boy is in pledge for his Aqiqah”
and the hadeeth of ‘Aaisha and the hadeeth is authentic, and that which is most apparent is that the position of the Thaahiriyyah is a strong position and upon are its proofs.
And those that say it is preferred is due to the statement of the Messenger ﷺ in the hadeeth of ‘Amr bin Shu’ayb, from his father, from his grandfather.
“مَنْ أَحَبَّ أَنْ يَنْسُكَ”
“Whoever -wants- to offer a sacrifice for his child”
If it was obligatory then he was not presented with an option if he wanted to, and this is the position of the majority of the Scholars.
The affair contains ample room and the position of it being obligatory is redirected and we have not come to the knowledge of any Companion who mentioned its obligation.
And Imaam Shawkaani said in “As-Sayl Al-Jaraar” : “The majority of the Scholars have went towards that the Aqeeqah is Sunnah (Supererogatory)”
And Imaam Ahmed said the Aqeeqah is Sunnah, the Prophet ﷺ performed it, As for it being obligated then the two Imaams Al-Albaani and Al-Waadi’ee have went towards this.
The summary:
Those that have said concerning the Aqeeqah it’s obligatory, their proofs are strong, and Allaah knows best.
As for if one is unable to perform the Aqeeqah, then
(لَا يُكَلِّفُ ٱللَّهُ نَفْسًا إِلَّا وُسْعَهَا)
“Allah burdens not a person beyond his scope.”
What is better, performing the Aqeeqah or giving it’s worth in charity?
The Aqeeqah is better, and in its performance is a revival of a Sunnah.
Likewise the offering by way of slaughtering in regards to the Eid Al-Adha has more precedence than voluntary charity, and the Waleemah has more precedence than voluntary charity.
As for the hadeeth :
(لاَ أُحِبُّ الْعُقُوقَ)
“I do not love Uquuq.”
Then this is a dislike for the name, a dislike for its naming, not an abrogation.
Benefit : charity by way of weight of the newborns hair in silver is not established.
The Aqeeqah has its benefits
1- It is a Sunnah: the Prophet ﷺ performed it.
2- It is the way of the Muslims in regards to their children.
3- It is a intercession for the newborn to their parents if they died as a child.
Benefit : If the slaughtering took place after the birth by mere minutes then it suffices, and the proof is.
(كُلُّ غُلَامٍ مُرْتَهَنٌ بِعَقِيقَتِهِ)
“Every boy is in pledge for his ‘Aqiqah”
As for it being on the seventh day; it is prefered not a condition.
And the naration of ‘Aaisha – may Allaah be pleased with her- is not established, It’s Maquuf (a statement or action or approval attributed to a companion), Mudraj (when a narator enters into the naration what is not from it either in the text or the chain without differentiation between the things) from the statement of ‘Ataa, and it is Mu’il (defective) by way of discontinuity in the chain of narration.
And the Aqeeqah is sufficed by the Baheematul An’aam (Beasts of Cattle); camel, cow, sheep, and this is the position of the Majority.
Notice : Lack of partnership and dividing the camel and cow is a position of the people of knowledge.
A seventh of camel or seventh of cow is not sufficient, and the lack of sharing the cost and partnership concerning the Aqeeqah has been declared most correct by Shawkaani, may Allaah have mercy upon him.
Benefit : The Aqeeqah does not have to have reached two years nor for it to be free from imperfections and if a single sheep is slaughtered for a male then it will suffice. Allaah the Most High said :
(فَٱتَّقُوا۟ ٱللَّهَ مَا ٱسْتَطَعْتُمْ)
“So keep your duty to Allah and fear Him as much as you can”
The Aqeeqah could be slaughtered in the Night or the Day, likewise what relates to the slaughtering of the Eid Al-Adha.
Benefit : Is the Aqeeqah for the orphan to be taken from their wealth?
If the newborn was to be an orphan then his guardian slaughters for him, and the costs are not to be taken from the orphan’s wealth.
Concerning the statement :
(مُرْتَهَنٌ بِعَقِيقَتِهِ)
“is in pledge for his ‘Aqiqah”
It is said it is intercession for their parents if they would die in childhood.
The Aqeeqah is made for the child if he came out living and even if he cried and then past away, as for the stillborn then they are not slaughtered for.
As for the statement :
(كُلُّ غُلَامٍ)
“Every boy”
This section is what is used for proof that the Aqeeqah is for the boy and not for the girl, by the likes of Hasan Al-Basree and a number of people.
And this is incorrect, and the proof that there is an Aqeeqah for the girl is; the hadeeth of Aisha, and Um Kurz, and in it says :
(فِي الْغُلاَمِ شَاتَانِ مُكَافَأَتَانِ وَفِي الْجَارِيَةِ شَاةٌ)
“For a boy two sheep, Mukafaatan (similar), and for a girl, one sheep.”
And in a narration there is the wording :
(كلُّ مَولُودٍ)
“Every newborn”
This includes both the male and the female.
Concerning the statement :
(يُذْبَحُ عَنْهُ)
“He is slaughter for”
Is that the Aqeeqah is necessary upon the guardian.
Concerning the statement :
(يَوْمَ السَابِع)
“The seventh day”
Means : The Aqeeqah is slaughtered on the seventh day, and this what is prefered, and there has come in this a consensus.
And it is not a condition that it has to be done on the seventh day upon that which is most correct, even if the Aqeeqah took place after the birth by moments, it would suffice, due to the statement of the Messenger ﷺ:
(كُلُّ غُلَامٍ مُرْتَهَنٌ بِعَقِيقَتِهِ)
“Every boy is in pledge for his ‘Aqiqah”
Is the day of birth included when counting the seven days?
It is counted if it was during the day and the sun not having set, if the sun has set then it is counted from the next day.
Concerning the statement :
(وَيُحْلَقُ رَأْسُهُ)
“His head is shaved.”
This includes the male and the female as to remove the harms from their heads.
Concerning the statement :
(وَيُسَمَّى)
“He is named”
Means that the naming is publicised on the seventh day and is proclaimed, or he can intend to name him before and upon this is its proofs.
It is obligatory for the name to be a good name, and the best of the names are Abdullaah and Abdirahman due to the hadeeth, or Abdulmalik, Abdulhameed.
Likewise the names of the Prophets, due to this people would call name with the names of their Prophets, as it comes in the statement of Allaah:
(يَٰأُخْتَ هَٰرُونَ)
“O sister of Harun”
To Maryam, and the Prophets would name each other with each others names.
And it has not come from the salaf that one would say (mohamed zayd) include mohamed to every name, so it’s not befitting to include mohamed to every name.
Ibn Jarood made mention of two Hadeeths in regards to the Aqeeqah
Benefit : The Aqeeqah from the grandfather or the father or the paternal uncle or the maternal uncle suffices.
The Aqeeqah of the adult :
Ibn Abdul-Bar said : Some of those that strayed out in their opinion allowed for the adult to slaughter Aqeeqah for themselves, and it has not been established from the Prophet ﷺ that he slaughtered Aqeeqah for his self.
And it was permitted by : Ibn Baz, and Al-Waadi’ee, may Allaah have mercy upon them both, permitted for the adult to perform the Aqeeqah for themselves.
Transcribed to Arabic and summarized by Hamuud Ath-Thawaani may Allah reward him with good – on the 14th, Muharram, 1440H
Translated by Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani