Tirmidhi

Explanation:
1:
There is a difference of opinion regarding the meaning of "murtahan" (mortgaged/held in pledge):
The best statement is that which Imam Ahmad ibn Hanbal rahimahullah has given, that this pertains to intercession (shafa‘ah),
meaning that if a child dies and their ‘aqiqah has not been performed, then on the Day of Resurrection, the child will not be able to intercede on behalf of their parents.
Another opinion is that ‘aqiqah is necessary and obligatory, and there is no alternative to it.
Yet another opinion is that the child is held in pledge due to the impurity and filth of their hair,
and for this reason, it is mentioned in the hadith that this impurity should be removed.

Benefits and Issues:
➊
The correct and true position is that it is Sunnah to name the child on the seventh day.
And the issue of (Yadmiya) (applying blood) is not correct.
As will be mentioned in the coming hadith.

➋
Similarly, some people, when laying the foundation of their house, pour the blood of an animal into the foundations,
or when buying a new vehicle, apply blood to its tires and so on.
This too is among the practices of the Age of Ignorance (Jahiliyyah),
which Islam has negated.

The Qur’an and Hadith Always Take Precedence Over All Opinions and Fatwas

Written by: The Muhaddith of the Era, Hafiz Zubair Ali Zai rahimahullah

“The Qur’an and Hadith always take precedence over all opinions and fatwas. In fact, every opinion and fatwa that is contrary to the Qur’an and Hadith is rejected.”

It was asked of Umm al-Mu’minin, Sayyidah A’ishah radi Allahu anha, whether a camel should be slaughtered as ‘aqiqah on behalf of the child of Abdur Rahman bin Abi Bakr. She replied:

«مَعَاذَ اللّٰهِ! وَلَكِنْ مَا قَالَ رَسُوْلُ اللّٰهِ ﷺ: شَاتَانِ مُكَافَأَتَانِ»

That is, “I seek refuge with Allah from this (matter), but I will do what the Messenger of Allah sallallahu alayhi wa sallam said: two sheep, similar (in age and quality).”

(al-Sunan al-Kubra lil-Bayhaqi, vol. 9, p. 301, and its chain is hasan; Tuhfat al-Akhyar 6/428, hadith 2516, and its chain is hasan; Mushkil al-Athar lil-Tahawi 3/68, hadith 1042, and its chain is hasan; al-Kamil li Ibn ‘Adi 5/1962, second edition 7/15)

Several rulings are established from this narration, for example:

➊ It is not permissible to slaughter a cow, camel, etc., as ‘aqiqah.

➋ The Qur’an and Hadith always take precedence over all opinions and fatwas. In fact, every opinion and fatwa that is contrary to the Qur’an and Hadith is rejected.

➌ The great virtue of Sayyidah A’ishah radi Allahu anha is established from this, because she was extremely strict in following the Sunnah.

……………… Original Article ………………

For the original article, see Fatawa ‘Ilmiyyah, also known as Tawdhih al-Ahkam (vol. 1, pages 646 and 647) by Shaykh Zubair Ali Zai rahimahullah

Aqiqah at an Older Age in Light of the Islamic Texts and the Understanding of the Salaf

“Every child is held in pledge for his aqiqah. On the seventh day, an animal should be slaughtered on his behalf, his head should be shaved, and he should be named.” [مسند الإمام أحمد : 22,18,17,12,8,7/5، سنن أبى داؤد : 2838، سنن الترمذي: 1522، سنن النسائي: 4225، سنن ابن ماجه : 3165، المنتقي لابن الجارود: 910، و سندهٔ صحيح]

As with other legal issues, there has been a slight difference of opinion among the scholars after considering various evidences regarding this matter. Some scholars among the early generations, taking into account certain narrations, issued the fatwa that aqiqah is legislated not only on the seventh day but also on the fourteenth and twenty-first days. It is a separate discussion that the narrations regarding the fourteenth or twenty-first day have not been authentically established from the Messenger of Allah sallallahu alayhi wa sallam or the noble Companions. Therefore, the view that aqiqah is legislated only on the seventh day is the preponderant one.

This difference was merely about combining the fourteenth and twenty-first days with the seventh; as for performing aqiqah before the seventh day or after the twenty-first day, this is absolutely not established from the early generations of the ummah, i.e., the Companions, the Followers (Tabi‘in), and the Imams of the religion. To our knowledge, until the beginning of the fifth century AH, and even after the best generations, no scholar held or acted upon the view of performing aqiqah before the seventh day or after the twenty-first day, except for the fourteenth and twenty-first days.

In the fifth century AH, some scholars who held the Zahiri (literalist) view derived the ruling of obligation from the apparent wording of the ahadith on aqiqah. Based on this, they issued the fatwa that since aqiqah is obligatory, it must be performed whether the child survives until the seventh day or not; however, aqiqah cannot be performed before the seventh day. If the aqiqah is not performed on the seventh day, then it should be done whenever possible during the person’s lifetime. This was the fatwa of Imam Ibn Hazm al-Zahiri rahimahullah (368–463 AH). [المحلي بالآثار: 234/6]

This was an anomalous (shadh) opinion, contrary to the teachings of the early generations. When this fatwa was issued, the hadith scholar of al-Andalus from the same era, Imam Ibn Abd al-Barr rahimahullah (368–463 AH), refuted it in strong terms, saying:
«وأجاز بعض من شذ أن يعن الكبير عن نفسه .»
“Some anomalous people have considered it permissible for an adult to perform his own aqiqah.” [الاستذكار : 318/5]

Some respected and notable scholars have also inclined towards the view that an adult may perform aqiqah for himself.
SA They have cited the fatwa of Hafiz Ibn Hazm rahimahullah in support of their position, saying: “No one opposes this view; rather, Ibn al-Qayyim and others are among its supporters.” [ماهنامه ضرب حق، شماره 11، صں 42] EA ↰ With due respect, it should be noted that Hafiz Ibn al-Qayyim rahimahullah came three centuries after Ibn Hazm rahimahullah. His agreement with Ibn Hazm rahimahullah is of no benefit, because three centuries before him, a contemporary and compatriot of Ibn Hazm rahimahullah, who passed away seven years after him, Imam Ibn Abd al-Barr rahimahullah, declared this fatwa to be an anomalous opinion and refuted it, providing hadith-based evidence (which we will mention later), saying:
«وذلك كله سواء دليل على أن العقيقة عن الغلام، لا عن الكبير.»
“All these ahadith clearly prove that aqiqah is only for the child, not for the adult.” [الاستذكار : 318/5]

↰ Secondly, Shaykh al-Islam the Second, Imam Ibn al-Qayyim rahimahullah, did not agree with Hafiz Ibn Hazm rahimahullah. Just as Ibn Hazm rahimahullah, through an anomalous ijtihad, issued an anomalous fatwa that aqiqah can be performed at any time after the seventh day, for which he had no precedent among the salaf, similarly, Ibn al-Qayyim rahimahullah, through his own anomalous ijtihad, issued an anomalous fatwa permitting aqiqah even before the seventh day, for which he also had no precedent among the salaf. The only difference between the two is that Ibn Hazm rahimahullah extended the period for aqiqah to the entire lifetime after the seventh day, while Ibn al-Qayyim rahimahullah permitted it even before the seventh day. What they have in common is that neither of them held to the practice of the Companions, the Followers, or the Imams of the religion regarding aqiqah.

SA Our respected scholars, considering the view of Ibn Hazm rahimahullah to be correct, have also said: “According to our knowledge, there is consensus (ijma‘) on the correctness of this view.” [ماهنامه ضرب حق، شماره 11، ص 42] EA ↰ This claim of consensus is very strange. After the explicit fatwa of Ibn Abd al-Barr rahimahullah, a contemporary of Ibn Hazm rahimahullah, there is no room for such a claim.

◈ Another contemporary and compatriot of Ibn Hazm, the commentator of Sahih al-Bukhari, Imam Ibn Battal rahimahullah, has made this statement, which is like gold upon gold. He writes:
«لا يعق عن الكبير، وعلى هذا أئمة الفتوى بالأمصار.»
“Aqiqah cannot be performed for an adult. This is the view of the muftis and Imams of all regions.” [شرح صحيح البخاري:375/5]

◈ After this, in the ninth century AH, Imam ‘Ayni al-Hanafi also declared that not performing aqiqah for an adult is the view of all the Imams who issue fatwas. [عمدة القاري شرح صحيح البخاري : 21 /86]

◈ Then, in the twelfth century AH, Shaykh Abd al-Wahhab al-Najdi rahimahullah wrote:
«العقيقه عن الكبير، ما علمت له أصلا»
“I know of no evidence for performing aqiqah on behalf of an adult.” [الدرر السنية فى الأجوبة النجدية : 410/5]

◈ Then, in the thirteenth century AH, Imam Muhammad ibn Ali al-Shawkani rahimahullah (d. 1250 AH) wrote:
«إن وقت العقيقة سابع الولادة، وأنها تفوت بعده.»
“Undoubtedly, the time for aqiqah is the seventh day after birth; after that, its time passes.” [نيل الاوطار: 157/5]

◈ Then, in the fourteenth century AH, Imam Sharf al-Haqq Azimabadi rahimahullah (d. 1329 AH) wrote:
«إن وقت العقيقة سابع الولادة، وأنها لا تشرع قبله ولا بعدہ.»
“The time for aqiqah is only the seventh day after birth. Performing aqiqah before or after this is not legislated.” [عون المعبود شرح سنن أبى داؤد : 28/8]

◈ In the same century, Imam Abd al-Rahman Mubarakpuri rahimahullah (d. 1353 AH) also wrote:
«والظاهر أن العقيقة مؤقتة باليوم السابع»
“The preponderant view is that only the seventh day is specified for aqiqah.” [تحفة الاحوذي : 98/5]

↰ That is, before Hafiz Ibn Hazm rahimahullah, no scholar issued a fatwa permitting aqiqah at an older age, and from his time until today, scholars have, with evidence, declared aqiqah at an older age to be impermissible and have considered aqiqah to be specific to the child.

↰ This discussion also proves that until the time of Ibn Hazm rahimahullah, there was consensus among the scholars that aqiqah is only for the child. The anomalous fatwa he issued against this consensus is of no consideration, because according to the scholars, such anomalous views of Ibn Hazm rahimahullah do not affect the status of consensus in agreed-upon matters. To support this, consider:

◈ Imam Ahmad ibn Abd al-Rahim ibn Husayn, known as Ibn al-‘Iraqi rahimahullah (d. 826 AH), writes:
«ومن تبرع بصدقة عن حمل رجاء حفظه وسلامته، فليس عليه فيه بأس، وقد نقل الاتفاق على عدم الوجوب قبل مخالفة ابن حزم . . . . . . ثم قال والدي رحمه الله : ومع كون ابن حزم قد خالف الإجماع فى وجوبها على الجنين فقد تناقض كلامهٔ . . . . . .»
“If someone, hoping for protection and safety, gives the zakat al-fitr on behalf of a fetus in the womb as a voluntary act, there is no harm in it. Before the opposition of Hafiz Ibn Hazm rahimahullah, there was agreement that zakat al-fitr is not obligatory for a fetus... Then my father (Hafiz al-‘Iraqi rahimahullah) said: Where Ibn Hazm rahimahullah issued a fatwa of obligation for zakat al-fitr on a fetus, opposing consensus, his statement is also contradictory...” [طرح التثريب فى شرح التقريب : 61/4]

◈ Hafiz Ibn Hajar rahimahullah (773–852 AH) writes:
«ولم يعتبر ابن قدامة مخالفته هذه، فحكي الاجماع . . . . .»
“Imam Ibn Qudamah rahimahullah did not consider the opposition of Ibn Hazm rahimahullah to be of any consequence and only transmitted the consensus.” [فتح الباري: 529/3]

Evidence of Those Who Forbid
One hadith regarding the impermissibility of aqiqah at an older age has already been mentioned at the beginning of this discussion. Since the time for aqiqah is stated as the seventh day, it is established from this that aqiqah should be performed in early childhood. Further clarification after this hadith:

❀ The Messenger of Allah sallallahu alayhi wa sallam said:
«من ولد له ولد، فأحب أن ينسك عنهٔ فلينسك، عن الغلام شاتان وعن الجارية شاة»
“Whoever has a child born to him and wishes to perform aqiqah on his behalf, let him do so. For a boy, two sheep, and for a girl, one sheep.” [سنن ابي داود : 2842، السنن الكبري للبيهقي : 505/9، وسندهٔ حسن]
↰ In this hadith, it is stated in two places that aqiqah is only for the child. The words “whoever has a child born to him” clearly indicate that the time for aqiqah is close to the birth of the child, and this is clarified by the words “seventh day” in the first hadith we mentioned.

➊ It is narrated from Sayyiduna Salman radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
«مع الغلام عقيقة، فأهريقوا عنه دما، وأميطوا عنه الأذى»
“Aqiqah is with the child, so shed blood on his behalf and remove his filth (i.e., shave his head and circumcise him).” [صحيح البخاري:5471]

↰ In some narrations of this hadith, the wording is:
«في الغلام عقيقة/عن الغلام عقيقة»
“Aqiqah is on behalf of the child.” [مسند احمد: 16238، 16239، سنن النسائي : 4219، السنن الكبري للبيهقي : 298/9]

↰ In this hadith as well, aqiqah is linked only to the child, and the slaughtering of the animal is emphasized only for the child. Imam al-Bukhari rahimahullah’s chapter heading for this hadith also points to this being a matter for the child:
«باب إماتة الأذى عن الصبي فى العقيقة.» “The chapter on shaving the child’s head and circumcising him in aqiqah.”

◈ The commentator of Sahih al-Bukhari, Imam Ibn Battal (d. 449 AH), writes in his commentary on this hadith:
«وقوله صلى الله عليه وسلم : ”مع الغلام عقيقتهٔ“ حجة لقول مالك انه لا يعق عن الكبير، وعلي هذا ائمة الفتوي بالامصار»
“The statement of the Prophet sallallahu alayhi wa sallam that aqiqah is with the child is evidence for the view of Imam Malik (?), that aqiqah is not for the adult. And upon this all the muftis and Imams of the religion in all regions are agreed.” [شرح صحيح البخاري:375/5]

◈ Imam Badr al-Din al-‘Ayni al-Hanafi (d. 855 AH) also derived this ruling from this hadith. [عمدة القاري شرح صحيح البخاري : 88/21]

➋ The Companion who narrated this hadith, Sayyiduna Salman ibn ‘Amir al-Dabbi radi Allahu anhu, said:
«العقيقة مع الولد» “Aqiqah is with the child.” [السنن الكبري للبيهقي : 298/9، وسندهٔ صحيح]

➌ Sayyiduna Abdullah ibn ‘Umar radi Allahu anhuma used to say:
«عن الغلام وعن الجارية شاة .»
“For both a boy and a girl, one sheep should be slaughtered for aqiqah.” [مصنف ابن أبى شيبة : 114/5، وسنده صحيح]

➍ Hisham ibn ‘Urwah narrates about his father, the Tabi‘i ‘Urwah ibn Zubayr rahimahullah:
«إنه كان يعق عن الغلام والجارية شاة .»
“He used to perform aqiqah for both a boy and a girl with one sheep each.” [ايضا، وسندۂ صحيح]

➎ Imam al-Zuhri rahimahullah used to say:
«يعق عن الغلام والجارية شاة.»
“If one sheep is slaughtered for both a boy and a girl for aqiqah, it is sufficient.” [ايضا: 115/5، و سندهٔ صحيح]

➏ Sayyidah ‘A’ishah radi Allahu anha used to say:
«على الغلام شاتان، وعلٰي الجارية شاة .»
“For a boy, two sheep, and for a girl, one sheep should be slaughtered for aqiqah.” [مصنف عبدالرزاق : 328/4، و سندهٔ صحيح]

↰ In all these ahadith and all these reports, the words «غلام» “boy” and «جارية» “girl” are repeatedly emphasizing that aqiqah is only for the child, not for the adult, because the words «غلام» and «جارية» are used for young children. In this regard, consider the wording of an authentic hadith: «فإنه يغسل بول الجارية، ويرش من بول الغلام»
“Indeed, the urine of a girl should be washed, and the urine of a boy should be sprinkled upon.” [سنن ابي داود : 376، سنن النسائي : 305، سنن ابن ماجه : 526، واللفظ لهٔ وسندهٔ حسن]

↰ Just as the difference between sprinkling and washing urine applies only to young children, and this difference disappears at an older age, similarly, the time for aqiqah is only in early childhood (the seventh day); the time for aqiqah ends at an older age.

Evidence of Those Who Permit
Now, dear readers, consider the evidences of those scholars who issue the fatwa permitting aqiqah at an older age:
SA ➊ «عن أنس أن النبى صلى الله عليه وسلم عق عن نفسه بعد ما بعثت نبيئا .»
Sayyiduna Anas radi Allahu anhu reports that the Prophet sallallahu alayhi wa sallam performed his own aqiqah after receiving prophethood.” [المعجم الاوسط للطبراني:298/1، وسندۂ حسن] EA ↰ After mentioning this hadith, the scholars who permit have written:
SA “This hadith clearly proves that if, for some reason, aqiqah is not performed on the seventh day, it is permissible to perform it later (even forty years later), and declaring it impermissible is wrong.” [ماهنامه ضرب حق، شماره 11، صں 41] EA ↰ The Prophet’s sallallahu alayhi wa sallam performing his own aqiqah was a special act. How can it be that aqiqah at an older age is permissible for the ummah, yet until the beginning of the fifth century AH, not a single scholar is found who held or acted upon the permissibility of aqiqah at an older age? And if someone did issue such a fatwa in the fifth century, the scholars strongly refuted it and declared it anomalous. Nowhere in the mentioned hadith does it state that the Prophet’s sallallahu alayhi wa sallam aqiqah had not been performed or was missed for some reason. If someone claims that aqiqah was not customary in the pre-Islamic period or that the Prophet sallallahu alayhi wa sallam did not consider the aqiqah of that era valid, then why did the noble Companions, most of whom were born in that era, not perform their own aqiqah after becoming Muslim and finding the opportunity? The correct view is that this act was specific to the Prophet sallallahu alayhi wa sallam.

◈ Hafiz Ibn Hajar rahimahullah writes:
«ویحتمل أن يقال: إن صح هذا الخبر كان من خصائصه صلى الله عليه وسلم، كما قالوا فى تضحيته عمن لم یضح من أمته.»
“It can also be said that if this hadith is authentic, then it is among the special characteristics (khasa’is) of the Prophet sallallahu alayhi wa sallam, just as he performed sacrifice on behalf of those in his ummah who could not afford it, and the scholars have said that this was specific to him.” [فتح الباري : 595/9]

◈ Hafiz al-Nawawi rahimahullah has also mentioned this possibility, writing:
«اؤ هو من خصائصه صلى الله عليه وسلم، كما ضحي عمن لم يضح من أمته، و قد عدهٔ بغضهم من خصائصه.»
“Or this hadith is among the special characteristics of the Prophet sallallahu alayhi wa sallam, just as his sacrificing on behalf of the poor of his ummah is considered a special characteristic.” [فتح الباري:595/9]
◈ Imam Abd al-Rahman Mubarakpuri has also mentioned this possibility. [تحفة الأحوذي : 97/5]

SA Note: The hadith scholar of our era, Imam al-Albani rahimahullah (1332–1914 AH), after mentioning the narration of the Prophet sallallahu alayhi wa sallam performing aqiqah after prophethood, writes:
«وقد ذهب بغض السلف إلى العمل به .»
“Some of the salaf acted upon this hadith...” [سلسلة الأحاديث الصحيحة وشيء من فقهها وفوائدها: 506/6] EA ↰ Let us examine the reports of the salaf he mentioned and others:

SA A statement is attributed to the Tabi‘i Muhammad ibn Sirin rahimahullah:
«لو أعلم أنه لم يعق عني، لعققت عن نفسي.»
“If I knew that my aqiqah had not been performed, I would perform my own aqiqah.” [مصنف ابن أبى شيبة: 113/5] EA ↰ But its chain is weak due to the tadlis of Hafs ibn Ghiyath and the lack of identification of Ash‘ath.

SA It is also narrated about Muhammad ibn Sirin rahimahullah:
«كان لا يرى باسا ان يعق قبل السابع أو بعده، وكان يقول : اجعل لحم العقيقة كيف شئت»
“He did not see any harm in performing aqiqah before or after the seventh day and used to say: Use the meat of aqiqah as you wish.” [مصنف اين أبى شيبة : 115/5] EA ↰ This statement is not explicit regarding aqiqah for adults and is also weak.

◈ Sulaiman ibn Tarkhan al-Taymi is a mudallis, and explicit mention of his hearing is not established.

SA A statement is narrated from Imam Hasan al-Basri, the Tabi‘i, rahimahullah:
«إذا لم يعق عنك، فعق عن نفسك، وإن كنت رجلا.»
“If your aqiqah was not performed, then perform your own aqiqah, even if you have reached adulthood.” [المحلي لابن حزم : 240/6] EA ↰ Imam Ibn Hazm rahimahullah did not mention the full chain of this narration; rather, he began the chain from Imam Waki‘ ibn al-Jarrah. Imam Waki‘ rahimahullah passed away about two centuries before Ibn Hazm rahimahullah was born. Therefore, this chain is severely disconnected. It is astonishing that Imam al-Albani rahimahullah considered its chain “hasan”!

SA Regarding Imam ‘Ata’ ibn Abi Rabah, the Tabi‘i, rahimahullah, it is reported:
«حدثني ابو بكر بن محمد بن هاني : حدثنا ابو بكر بن الاسود : حدثنا خالد بن الحارث : حدثنا طريف بن عيسيٰ، قال : قلت لعطاء في العقيقة، قال : شاة فى الغلام وشاة فى الجارية، قال : فإن لم يعق عنه فكسب الغلام، عق عن نفسه.»
“Tarif ibn ‘Isa said: I asked Imam ‘Ata’ ibn Abi Rabah rahimahullah about aqiqah, and he said: One sheep suffices for both a boy and a girl. If aqiqah is not performed for the child and he grows up and earns, he should perform aqiqah for himself.” [النفقة على العيال لابن أبى الدنيا :213/1] EA ↰ However, the status of the narrator Tarif ibn ‘Isa al-‘Anbari is unknown. Except for Imam Ibn Hibban rahimahullah (al-Thiqat: 8/327), no one has authenticated him. Since he used to authenticate unknown narrators, his solitary authentication is of no value. This narrator remains majhul al-hal. There may also be another defect in its chain.

↰ It is clear that none of the salaf held or acted upon the permissibility of aqiqah at an older age. The abstention of the Companions, the Followers, and the Imams of the religion from this act is evidence that it was specific to the Prophet sallallahu alayhi wa sallam. The methodology of the salaf and the approach of the hadith scholars is that when the Companions, the Followers, and the Imams of the religion refrain from acting upon a hadith, it is considered specific to the Prophet sallallahu alayhi wa sallam. For example, it is established that the Companions sought blessings (tabarruk) from the Prophet sallallahu alayhi wa sallam, but after him, there is no evidence that the Companions, the Followers, or the Imams of the religion did so with anyone else. Therefore, Ahl al-Sunnah wa’l-Jama‘ah have considered tabarrukat to be specific to the Prophet sallallahu alayhi wa sallam. Regarding this, Imam al-Shatibi rahimahullah (538–590 AH) writes:
«ان الصحابة رضي الله عنهم بعد موته صلى الله عليه وسلم لم يقع من احد منهم شيء من ذلك لم يثبت لواحد منهم من طريق صحيح معروف ان متبركا تبرك به على احد تلك الوجوه او نحوها، بل اقتصروا فيهم على الاقتداء بالأفعال والأقوال والسير التى اتبعوا فيها النبى صلى الله عليه وسلم، فهو إذا إجماع منهم على ترك تلك الأشياء كلها.»
“After the death of the Prophet sallallahu alayhi wa sallam, none of the Companions did such an act. It is not established from any of them that they sought blessings in this way. Rather, they limited themselves to seeking guidance from the statements, actions, and noble life of the Prophet sallallahu alayhi wa sallam. Thus, the practice of the Companions is consensus on abandoning all such tabarrukat.” [الاعتصام : 302,301/2]

SA ➋ The Messenger of Allah sallallahu alayhi wa sallam said:
«كل غلام مرتهن بعقيقته» “Every child is held in pledge for his aqiqah.” [المنتقی لابن الجارود: 910، وسندهٔ حسن]
Using this hadith as evidence, those scholars who permit aqiqah at an older age have written: “Since every child is held in pledge due to aqiqah, every pledge should be released, and those who missed it due to a legal excuse should, when possible, perform aqiqah to release the child from this pledge.” [ضرب حق، شماره 11، ص 42] EA ↰ We have already explained that this hadith is actually evidence for our position. This hadith shows that it is the child who is held in pledge for aqiqah, not the adult. Therefore, when a person grows up, he is automatically released from this pledge.

Furthermore, in the aforementioned statement, our respected scholars have themselves admitted that only the child is held in pledge, and when possible, aqiqah should be performed for the child. We also say that aqiqah is only for the child, not for the adult. Even for the child, the restriction of the seventh day is established from the ahadith. The reason some of the early generations allowed up to the fourteenth and twenty-first days is due to some “weak” narrations. For this reason, there is no example of anyone holding or acting upon aqiqah after the twenty-first day during the best generations.

◈ And this is why Imam al-Tirmidhi rahimahullah, after mentioning this hadith, writes:
«والعمل على هذا عند أهل العلم، يستحبون أن يذبح عن الغلام العقيقة يوم السابع، فإن لم يتهيا يؤم السابع، فيوم الرابع عشر، فإن لم يتهيا عق عنه يوم حاد و عشرين.»
“The practice of the scholars is upon this hadith. They consider it recommended to slaughter an animal on behalf of the child on the seventh day. If it cannot be done on the seventh day, then on the fourteenth, and if not on the fourteenth, then on the twenty-first.” [جامع الترمذي، تحت الحديث : 1522]

↰ That is, the Companions, the Followers, and the Imams of the religion who acted upon this hadith only held the view of aqiqah for the child on the seventh, fourteenth, or twenty-first day. From the statement of the Imam, it is as clear as daylight that until his time, no scholar held the view of aqiqah after the twenty-first day. Also, according to the Imam, this was the requirement of acting upon the hadith. No one among the Companions or Followers gave a concession for aqiqah for adults. Why was this? Only because the hadith mentions aqiqah in relation to the child, not the adult. «فليتدبر»

↰ As a reminder, let us mention that in deriving the ruling that aqiqah is only for the child from the ahadith, we are not the first; rather, as we have already mentioned, the understanding of Imam al-Tirmidhi rahimahullah, other Imams of the religion, Hafiz Ibn Battal, and Hafiz Ibn Abd al-Barr, among others, has been our guide. However, those who permit aqiqah at an older age have no precedent among the salaf in deriving their ruling from the ahadith. As for Hafiz Ibn Hazm and Hafiz Ibn al-Qayyim rahimahullah, they cannot be considered their predecessors in this matter. Ibn Hazm, because he held aqiqah to be obligatory, and based on this obligation, he adopted the view that it can be performed at any time in life, and he also considered aqiqah obligatory for a child who died before the seventh day. Ibn al-Qayyim, because he did not consider any specific time for aqiqah, and thus permitted it even before the seventh day. Our respected scholars do not agree with either of them; rather, they consider both the obligation of aqiqah and the concession of performing it before the seventh day to be anomalous. Even if they were to accept these two scholars as their predecessors in this matter, what value would the anomalous view of these two individuals have compared to their own predecessors, i.e., the Companions, the Followers, and the Imams of the religion?

↰ It is clear that our respected scholars’ statement is not correct: “If, due to some excuse, the sunnah of aqiqah on the seventh day cannot be fulfilled, then whenever possible in life, aqiqah should be performed, and this is the preponderant and correct view.” [ماهنامه ضرب حق : شماره 11، ص : 42]

↰ In fact, it is also worth considering why the condition of an excuse is necessary for performing aqiqah at an older age. If a person’s parents did not perform his aqiqah without any legal excuse and he reached adulthood, is he no longer held in pledge? If not, why? If he is, then what is the benefit of this condition?

Conclusion: In light of the Islamic texts, aqiqah is legislated only in childhood and only on the seventh day. This is what is transmitted from our righteous predecessors. Although some of the salaf, considering a few narrations, allowed aqiqah on the fourteenth and twenty-first days, their view is weak due to the weakness of those narrations. As for aqiqah at an older age, no one among the salaf ever held or acted upon this view. The way of the people of truth is to adhere to the methodology of the salaf in following the Shari‘ah. It is not possible to attain the truth by departing from the understanding of the salaf. May Allah keep us alive upon the footsteps of the salaf. Ameen.

Benefits and Issues:
The meaning of the child being held in pledge, according to Imam Ahmad rahimahullah, is this:
If the ‘aqiqah (sacrifice for the newborn) is not performed for the child,
then he will not be able to intercede for his parents.
It has also been said that this is in the sense of the ‘aqiqah being obligatory.
Just as in the case of a debt, without fulfilling the payment, the pledged item cannot be returned,
it is likewise here.
And it has also been said that the child is held in pledge along with his hair and filth,
meaning that these should be removed.
(‘Awn al-Ma‘bud)

Benefits and Issues:
➊
The meaning of mortgaging (rahn) is that just as it is necessary to pay off a loan to obtain the mortgaged item, similarly, full blessing and benefit from the child is attained only when the ‘aqiqah has been performed for him.

➋
The ‘aqiqah is performed on the seventh day. If it is not possible on the seventh day, then it can also be done on the fourteenth or twenty-first day. This issue is mentioned in a narration of Sunan al-Bayhaqi. See: (al-Sunan al-Kubra lil-Bayhaqi, al-Dahaya, Bab ma ja’a fi waqt al-‘aqiqah: 9/303) Although this narration is weak, it is supported by a fatwa of Umm al-Mu’minin, Lady A’ishah radi Allahu anha. (al-Mustadrak al-Hakim, al-Dhaba’ih, Hadith: 7595) Most likely for this reason, Shaykh al-Albani rahimahullah has included it in Sahih al-Jami‘ al-Saghir. Therefore, in case of necessity, one may act upon this, however, it is best that the ‘aqiqah be performed on the seventh day.

➌
The child’s head should be shaved and silver equal to the weight of the hair should be given in charity, or the value of that amount of silver should be given in charity. In a hadith in Jami‘ al-Tirmidhi, it is mentioned that the Prophet sallallahu alayhi wa sallam instructed Lady Fatimah radi Allahu anha, on the occasion of the birth of Hasan radi Allahu anhu, to shave his head and give silver in charity equal to the weight of his hair. (Jami‘ al-Tirmidhi, al-Adhahi, Bab al-‘Aqiqah bi-Shat, Hadith: 1519) Although its chain is weak, due to its narration through multiple chains, it has been considered hasan (reliable). See: (Irwa’ al-Ghalil: 4/402, 406)

➍
The name should be given on the seventh day; however, it can also be given before that. The Messenger of Allah sallallahu alayhi wa sallam named some children on the very first day. It is narrated from Abu Musa al-Ash‘ari radi Allahu anhu, he said: A son was born to me, so I brought him to the Prophet sallallahu alayhi wa sallam, and he named him Ibrahim and performed tahnik with a date. (Sahih al-Bukhari, al-‘Aqiqah, Bab Tasmiyat al-Mawlud Ghadat Yulad liman lam yu‘aq ‘anhu, wa Tahnikihi, Hadith: 5467; and Sahih Muslim, al-Adab, Bab Istihbab Tahnik al-Mawlud ‘inda Wiladatihi... wa Jawaz Tasmiyat Yawm Wiladatihi..., Hadith: 2144) It is evident that tahnik is done on the very first day.

(1) "Is held in pledge": Just as it is necessary to redeem a pledged item by giving compensation, similarly, it is necessary to perform the ‘aqiqah for the child’s freedom. However, there is a difference of opinion regarding the meaning of "freedom." It is narrated from Imam Ahmad ibn Hanbal rahimahullah that if the pledged child passes away, he will not intercede for his parents, because the owner cannot benefit from a pledged item. Benefit can only be obtained after it is redeemed. Whereas Hafiz Ibn Qayyim rahimahullah has taken the meaning to be freeing the child from the clutches of Shaytan.

(2) "On the seventh day": It is as if ‘aqiqah cannot be performed before this. If, for some reason, ‘aqiqah cannot be performed on the seventh day, Imam Malik’s opinion is that it should not be done later, because its time has passed, just as if the time for sacrifice (udhiyah) passes, it cannot be performed afterward. The other Imams are of the opinion that if ‘aqiqah cannot be performed on the seventh day, then it should be done on the next seventh day, i.e., the fourteenth day. If it cannot be done on that day either, then it should be performed on the twenty-first day. A marfu‘ hadith with this meaning is found in al-Bayhaqi, but its narrator is weak. Similarly, a statement of ‘A’ishah radi Allahu anha with this meaning is found in al-Mustadrak al-Hakim, but that too is weak due to a break in the chain. For details, see: (al-Irwa’, Hadith: 1170). Therefore, the Sunnah is to perform it on the seventh day; however, if it is not possible on that day, it can be done on any later day. Its ruling is the same as that of sacrifice (udhiyah), i.e., everyone may eat from it: the household and others, the rich and the poor.

(3) "The child is named": Naming the child on the seventh day is recommended (mustahabb); however, it can also be done before or after the seventh day.

(4) If the child passes away before the seventh day, the apparent ruling is that there is no need to perform ‘aqiqah for him, because he did not remain alive until the time of ‘aqiqah.

Takhrij:
«أخرجه أبوداود، الأضاحي، باب في العقيقة، حديث:2838، والترمذي، الأضاحي، حديث:1522، والنسائي، العقيقه، حديث:4225، وابن ماجه، الذبائح، حديث:3165، وأحمد:5 /17.»©

Explanation:
➊ From this hadith, it is understood that on the seventh day after the birth of a child, the natural impurity from the child's head should be cleaned—that is, the hair on his head should be shaved off and the child should be given a ritual bath (ghusl). An 'aqiqah should be performed on his behalf, and his name should also be given.

➋ In the mentioned narration, the 'aqiqah is specified to be performed on the seventh day; however, if due to necessity it is not possible on the seventh day, then it can also be done on the fourteenth or twenty-first day. Nevertheless, it is best that it be done on the seventh day.

➌ The name should be given on the seventh day; however, it can also be given before this, as the Messenger of Allah (sallallahu alayhi wa sallam) named some children on the first day. See: (Sahih al-Bukhari, al-‘Aqiqah, Hadith: 5467; and Sahih Muslim, al-Adab, Hadith: 2144)