Tirmidhi

Fiqh al-Hadith
↰ This narration has been reported by Imam Tirmidhi [1032], but in its chain of transmission, Abu al-Zubair is a well-known mudallis, and there is no explicit statement of hearing (sama‘), therefore, due to Abu al-Zubair’s ‘an‘anah, it is weak.

Please also consider other supporting narrations for this report:
➊ «اذا استهل الصبي صلى عليه و ورت» “When a child cries out (at birth), his funeral prayer will be performed and he will also inherit.” [ابن ماجہ 1508]
↰ This narration is weak due to Rabee‘ ibn Badr being abandoned (matruk) [التقریب : 1883] and due to Abu al-Zubair’s ‘an‘anah.
➋ This narration, with the same wording, is also found in Ibn Hibban [6032], and in it both Sufyan al-Thawri and Abu al-Zubair have ‘an‘anah, so this narration is also weak. This narration is also present in al-Mustadrak of al-Hakim [348/4] with the same defect.
It should be noted that none of the chains and supporting narrations for this report are free from weakness, thus it is not permissible to use them as evidence.

Note: Some scholars transmit such narrations as supporting evidence (shahid) in which there is absolutely no mention of «لا يصلي عليه», for example, while researching the aforementioned narration of Sahih Ibn Hibban, Shaykh Shu‘ayb Arna’ut, while commenting on a sahih hadith of Sunan Ibn Majah [2751]: «لا يرث الصبي حتي يستهل صارخا» “If a child does not cry out with a sound (after birth), he does not inherit,” has cited it as a supporting narration. See Ibn Hibban [394/13]
↰ However, there is absolutely no mention in it of not performing the funeral prayer, therefore, «لا يصلي عليه» this hadith cannot be considered a supporting narration at all.

Respected Readers! From the above discussion, it is clear that the scholars who stipulate the condition of crying or crying out for performing the funeral prayer of a child base their argument on weak narrations. In contrast, it is established from a sahih hadith that the funeral prayer should be performed for a child born dead.
Accordingly, Sayyiduna Mughira ibn Shu‘bah radi Allahu anhu narrates from the Prophet sallallahu alayhi wa sallam that he said: The rider should walk behind the funeral, and the one on foot should walk in front of it, behind it, to its right, and to its left, close to it, and the funeral prayer should be performed for a prematurely born child, and supplication for forgiveness and mercy should be made for his parents. [سنن ابي داود 3180 وسنده صحيح]
↰ This hadith is evidence that whether the child cries at birth or not, i.e., even if he is born dead, his funeral prayer should be performed.

◈ Nafi‘ rahimahullah reports that Sayyiduna Abdullah ibn ‘Umar radi Allahu anhuma performed the funeral prayer for a prematurely born small child. I do not know whether he had cried or not. He performed the funeral prayer for him in his house, then sent him for burial. [مصنف عبدالرزاق 530/3 واللفظ له، مصنف ابن ابي شيبته 9/3 ح 11584 وسنده صحيح]

◈ Imam Muhammad ibn Sirin rahimahullah said: «يصلي على الصغير كما يصلي على الكبير»
Just as the funeral prayer is performed for an adult, so too should it be performed for a small child. [مصنف ابن أبي شيبة 10/3 ح 11591 وسنده صحيح]

◈ In another narration from Ibn Sirin rahimahullah, the words «السقط» are also present. See [ابن ابي شيبه 10/3، ح 11588 وسندہ حسن]

◈ Imam Ahmad ibn Hanbal rahimahullah was asked regarding the funeral prayer for such a child: «يصلي عليه وان لم يستهل، قال: نعم» Should the funeral prayer be performed for the child, even if he did not cry? He replied: Yes. [مسائل الامام احمد رواية ابنه عبدالله : 529]

Preferred Position: In light of the sahih hadith and the statement of the Companion, the preferred view is that whether the child cries at birth or not, whether he cries out or not, in any case, it is permissible to perform his funeral prayer. The opposing view is not worthy of consideration because it is based on weak narrations. «هذا ما عندي والله ا علم بالصواب»