Performing the ‘aqiqah on the seventh day after the birth of a boy or girl is an action recommended by consensus. The Muhammadan Shari’ah has prescribed it for the seventh day, as follows:
① It is narrated from Sayyidah Aisha (may Allah be pleased with her) that the Messenger of Allah ﷺ said:
”يعق عن الغلام شاتان وعن الجارية شاة“ قالت : عق رسول الله صلى الله عليه وسلم عن الحسن والحسين شاتين، ذبحھما يوم السابع .
“For a boy, two sheep of equal size will be slaughtered as ‘aqiqah, and for a girl, one sheep.” Sayyidah Aisha (may Allah be pleased with her) said: The Messenger of Allah ﷺ slaughtered two sheep each as ‘aqiqah for Sayyidina Hasan and Sayyidina Husayn (may Allah be pleased with them both) on the seventh day.”
② It is narrated from Sayyidina Samurah ibn Jundub (may Allah be pleased with him) that the Messenger of Allah ﷺ said:
كل غلام مرتھن بعقيقته، يذبح عنه يوم السابع ويحلق رأسه ويسمي .
“Every boy is held in pledge for his ‘aqiqah. An animal is to be slaughtered for him on the seventh day, his head is to be shaved, and he is to be named.”
Imam al-Tirmidhi (may Allah have mercy on him) called this hadith “hasan sahih”, and Imam Ibn al-Jarud (may Allah have mercy on him) (910) and Imam al-Hakim (may Allah have mercy on him) (al-Mustadrak: 237/4) called it “sahih”. Hafiz al-Dhahabi (may Allah have mercy on him) agreed with them.
It is established that, in following the Messenger of Allah ﷺ, the ‘aqiqah should be performed only on the seventh day. For example, if a child is born on Friday, its ‘aqiqah should be performed on Thursday. Some scholars hold that the day of birth is not counted, but this view is not correct.
It is not permissible to perform the ‘aqiqah before the seventh day. Some scholars of standing permit ‘aqiqah before the seventh day.
Hafiz Ibn al-Qayyim (may Allah have mercy on him) writes on this matter:
والظاھر أن التقييد بذلك استحباب، وإلا فلو ذبح عنه في الرابع أو الثامن أو العاشر أو ما بعده أجزأت .
“It appears that the restriction to that day is for recommendation; otherwise, if someone performs the ‘aqiqah for the child on the fourth, eighth, tenth, or any day after that, it will suffice.”
However, this view does not appear correct according to the hadith, because the hadith mentions the ‘aqiqah on the seventh day, and the Shari’ah has fixed a specific time for it, which must be observed. For this reason, Allamah Ibn Hazm (may Allah have mercy on him) writes: ولا تجزيء قبل يوم السابع أصلا . “‘Aqiqah before the seventh day will absolutely not suffice.”
Allamah Amir al-San’ani (may Allah have mercy on him) has also written the same.
Similarly, some scholars hold the view that ‘aqiqah may be performed on the fourteenth or twenty-first day if it could not be performed on the seventh day. However, the correct position is that ‘aqiqah is not permissible even after the seventh day, because there is no authentic evidence for it. The narrations presented in this regard do not reach the level of authenticity according to the principles of the muhaddithun. Commentary on these narrations follows:
① It is narrated from Sayyidina Buraydah (may Allah be pleased with him) that the Messenger of Allah ﷺ said:
العقيقة تذبح لسبع، او اربع عشرة، او احدي وعشرين .
“The animal of the ‘aqiqah should be slaughtered on the seventh, fourteenth, or twenty-first day.”
(Commentary:)
Its chain is “da’if” (weak).
In it, the narrator Isma’il ibn Muslim al-Makki is “da’if al-hadith” (weak in narration).
Hafiz al-Haythami (may Allah have mercy on him) writes:
وفيه اسماعيل بن مسلم المكي، وضعف لكثره غل ووھمه .
“In its chain is the narrator Isma’il ibn Muslim al-Makki. He has been declared weak because of his many errors and wahm (confusion).”
② Ata (may Allah have mercy on him) said: Umm Kurz and Abu Kurayz narrate that Sayyidah Aisha (may Allah be pleased with her) said:
وليكن ذلك يوم السابع، فإن لم يكن ففي أربعة عشر، فإن لم يكن ففي احدي وعشرين .
“The ‘aqiqah should be on the seventh day. If that is not possible, then on the fourteenth day, and if the fourteenth day is also not possible, then on the twenty-first day.”
(Commentary:)
The chain of this statement is “da’if” due to “inqita'” (a break in the chain).
Regarding Ata, Imam Ali ibn al-Madini (may Allah have mercy on him) said:
ولم يسمع من أم كرز شيئا.
“He did not hear anything from Umm Kurz.”
③ Allamah Ibn Hazm (may Allah have mercy on him) says:
فان لم يذبح في اليوم السابع ذبح بعد ذلك حتي امكن فرضا .
“If he is unable to slaughter the animal of the ‘aqiqah on the seventh day, then whenever he is able to fulfil this obligation afterwards, he should do so.”
(Commentary:)
There is no evidence for this statement, and all the narrations which mention that the Prophet ﷺ performed ‘aqiqah for himself after prophethood are da’if and unestablished. Therefore, this statement is not worthy of consideration and not to be acted upon.
Similarly, if a child dies before the seventh day, its ‘aqiqah will not be performed, whereas Allamah Ibn Hazm (may Allah have mercy on him) says that its ‘aqiqah is also obligatory.
And Hafiz al-Nawawi (may Allah have mercy on him) says that according to us it is recommended.
Both these views are also marjuh (less preferred). The ‘aqiqah is connected to life. On the other hand, the hadith has also fixed the seventh day, so the original Sunnah will not be attained. Likewise, ‘aqiqah before birth is also neither permissible nor valid, because this Sunnah of ‘aqiqah is performed on account of a cause, which is the birth of the child. When that cause does not exist, how will the Sunnah be fulfilled? Like the sacrifice, ‘aqiqah may also be performed at night.
Hafiz Ibn al-Qayyim (may Allah have mercy on him) explains the wisdom of performing the ‘Aqiqah on the seventh day as follows:
وحكمة هذا والله أعلم أن الطفل حين يولد يكون أمره متردداً بين السلامة والعطب، ولا يدري هل هو من أھل الحياة أم لا إلى أن تأتي عليه مدة يستدل بما يشاهد من أحواله فيها على سلامة بنيته وصحة خلقته وأنه قابل للحياة، وجعل مقدار تلك المدة أيام الأسبوع فإنه دور يومي كما أن السنة دور شهري … والمقصود أن هذه الأيام أول مراتب العمر، فإذا استكملها المولود انتقل إلى الثالثة وهي الشھور، فاذا استكملھا انتقل الي الثالثة وھي السنين، فما نقص عن ھذه الايام فغير مستوف للخليقة … فجعلت تسمية المولود وإماطة الأذى عنه وفديته وفك رهانه في اليوم السابع .
“Its wisdom, and Allah knows best, is that when a child is born, his state is uncertain between safety and destruction. It is not known whether he will be among the living or not, until a period passes during which, by observing his conditions, one can infer the soundness of his constitution, the health of his creation, and that he is capable of life. The period was set by the days of the week, for it is a daily cycle, just as the year is a monthly cycle… The point is that these days are the first stage of life. When the newborn completes them, he moves on to the second stage, which is months; when he completes that, he moves on to the third stage, which is years. Whatever falls short of these days does not complete the creation… Therefore, the naming of the child, the removal of filth from him (circumcision and shaving the head), his redemption (the ‘Aqiqah) and the release of his pledge were prescribed for the seventh day.”
Take the sahih hadith!
Imam Muhammad ibn Yahya al-Dhuhli (may Allah have mercy on him, d. 258 AH) said:
لا يكتب الخبر عن رسول الله صلى الله عليه وسلم حتى يرويه ثقة عن ثقة حتى يتناهى الخبر إلى النبي صلى الله عليه وسلم بهذه الصفة، ولا يكون فيهم رجل مجهول، ولا رجل مجروح، فإذا ثبت الخبر عن النبي صلى الله عليه وسلم بهذه الصفة وجب قبوله والعمل به، وترك مخالفته .
“A narration from the Prophet ﷺ should not be written down until it is narrated by a trustworthy narrator from another trustworthy narrator, and this chain continues in this way until it reaches the Prophet ﷺ. There should be no unknown (majhul) or discredited (majruh) person in the chain. When a hadith is established in this manner, it becomes obligatory to accept it, act upon it, and abandon opposing it.”
