The ruling on the funeral prayer for a child who was not fully formed
Question:
If a child dies in the mother’s womb, will its funeral prayer be offered? Some scholars say that if it cries out at the time of birth, there will be a funeral prayer, otherwise there will not. Please also clarify this, may Allah reward you with good.
Answer:
In this matter there are two kinds of narrations in the books of hadith. We will quote them in the following lines and clarify the preponderant position. Those who make crying out at birth a condition for the funeral prayer present the following evidences:
’’عَنْ جَابِرٍ عَنِ النَّبِيِّ ﷺ قَالَ: (( الظُّفُلُ لَا يُصَلَّى عَلَيْهِ وَ لَا يَرِثُ وَلَا يُورَثُ حَتَّى يَسْتَهلَّ ))
’’ The child is not to be prayed over, nor does it inherit, nor is it inherited from, until it cries out at birth (or shrieks).“
This narration has been reported by Imam al-Tirmidhi (1032),
but Abu al-Zubayr, a well-known mudallis, is in its chain,
and there is no explicit statement of hearing (sama’),
so it is weak due to Abu al-Zubayr’s ‘an’ana.
Look also at the other supporting narrations of this:
(( إِذَا اسْتَهَلَّ الصَّبِيُّ صُلِيَّ عَلَيْهِ وَ وُرت .))
’’When the child cries out, it is to be prayed over and it will also inherit.’’
In this narration Rabi’ ibn Badr is matruk
and it is weak due to Abu al-Zubayr’s ‘an’ana.
With these same words this narration is also in
and in it there is the ‘an’ana of both Sufyan al-Thawri and Abu al-Zubayr,
so this narration is also weak.
This narration is also in
with the same defect.
It should be noted that all the chains and supporting narrations of this report are not free from weakness, so it is not permissible to derive evidence from them.
Warning:
Some people of knowledge cite as supporting evidence narrations in which the words ’’لا يُصَلَّى عَلَيْهِ ‘‘ do not appear at all. For example, while investigating the above narration of Sahih Ibn Hibban, Shu’ayb al-Arna’ut cites as a supporting narration a sahih hadith from Sunan Ibn Majah (2751):
(( لَا يَرِثُ الصَّبِيُّ حَتَّى يَسْتَهلَّ صَارِخا ))
’’ (After birth) if the child does not cry out audibly, it does not inherit.“
Yet in it there is no mention at all of not praying the funeral prayer over it,
so the words ’’لا يُصَلَّى عَلَيْهِ “ can by no means serve as a supporting narration.
Dear readers, from the above discussion it is known that the scholars who make crying or shrieking a condition for the funeral prayer over a child rely on weak narrations. On the contrary, it is established from a sahih hadith that the funeral prayer is to be offered over a child born dead. Thus Sayyiduna al-Mughira ibn Shu’ba, may Allah be pleased with him, narrates from the Prophet ﷺ that he said:
((الرَّاكِبُ يَسِيرُ خَلْفَ الْجَنَازَةِ وَ الْمَاشِي يَمْشِي خَلْفَهَا وَ أَمَامَهَا وَ عَنْ يَمِينِهَا وَ عَنْ يَسَارِهَا قَرِيبًا مِنْهَا وَالسِّقْطُ يُصَلَّى عَلَيْهِ وَيُدْ عَى لِوَالِدَيْهِ بِالْمَغْفِرَةِ وَ الرَّحْمَةِ.))
’’The rider should travel behind the funeral, and the one walking should walk behind it, in front of it, to its right and to its left, close to it, and the miscarried child should be prayed over and forgiveness and mercy should be invoked for its parents.“
This hadith is evidence that whether the child cries at birth or does not cry, that is, even if it is born dead, its funeral prayer will be performed.
Nafi’ (may Allah have mercy on him) narrates that Sayyiduna Abdullah ibn Umar, may Allah be pleased with them both, performed the funeral prayer for a child who was not fully formed. I do not know whether it had cried or not. He performed the prayer in its house, then sent it for burial.
Imam Muhammad ibn Sirin (may Allah have mercy on him) said:
’’ يُصَلَّى عَلَى الصَّغِيْرِ كَمَا يُصَلَّى عَلَى الْكَبِيرِ “
Just as the funeral prayer is performed over an adult, so it will also be performed over a small child.
In another narration of Ibn Sirin the words “السقط” also appear.
See
Imam Ahmad ibn Hanbal was asked about the funeral prayer for such a child:
’’ يُصَلَّى عَلَيْهِ وَ إِنْ لَمْ يَسْتَهِلْ ، قَالَ: نَعَمْ . “
Will the funeral prayer of the child be performed even if it does not cry? He said:
Yes.
The preponderant position:
In light of the sahih hadith and the statement of a companion, the preponderant view is that whether the child cries at birth or does not cry, whether it shrieks or does not shriek, offering its funeral prayer is in any case permissible; the opposing position is not worth considering because its basis is weak narrations.
هذا ما عندي والله أعلم بالصواب۔
