Written by: Hafiz Abu Yahya Noorpuri
"Every child is held in pledge for their Aqiqah, which is performed on the seventh day after birth. On this day, the animal should be sacrificed, the child's head shaved, and the child named."
[Musnad Imam Ahmad: 22, 18, 17, 12, 8, 7/5, Sunan Abi Dawood: 2838, Sunan Tirmidhi: 1522, Sunan Nasai: 4225, Sunan Ibn Majah: 3165, Al-Muntaqi by Ibn Jarud: 910, with a Sahih chain]
Like other Islamic issues, there has been a slight difference of opinion among scholars after considering various evidences on this matter. Some scholars from the early generations have, based on certain narrations, issued a fatwa permitting Aqiqah on the fourteenth and twenty-first day in addition to the seventh day. However, it should be noted that the narrations supporting Aqiqah on the fourteenth or twenty-first day are not authentically established from the Prophet Muhammad (peace be upon him) or the Companions. Therefore, the opinion that only the seventh day is legislated for Aqiqah is considered more correct.
This difference of opinion was merely about adding the fourteenth and twenty-first day alongside the seventh. As for performing Aqiqah before the seventh day or after the twenty-first day, this is not proven from the early generations of the Ummah, i.e., the Companions, Tabi'in, or the Imams of the religion. To our knowledge, no scholar up until the beginning of the fifth century Hijri believed or practiced Aqiqah before the seventh day or after the twenty-first day, except for the cases of the fourteenth and twenty-first days.
In the fifth century Hijri, some scholars of the Zahiri school deduced from the apparent words of the Aqiqah Hadiths that it is obligatory. Based on this, they issued a fatwa that since Aqiqah is obligatory, it must be performed whether the child lives until the seventh day or not. However, Aqiqah cannot be performed before the seventh day; if it is not performed on the seventh day, it should be done whenever possible during the child's life. This was the fatwa of Imam Ibn Hazm al-Zahiri (368-463 AH)【المحلي بالآثار: 234/6】.
This was a rare opinion contrary to the teachings of the early generations of the Ummah. When this fatwa was issued, the Andalusian Hadith scholar of the same era, Allama Ibn Abdul Barr (368-463 AH), strongly refuted it, stating:
"Some rare individuals have permitted that an adult person perform their own Aqiqah."
[Al-Istidhkar: 318/5]
Some respected scholars have leaned towards the opinion that an adult can also perform Aqiqah. They have presented the fatwa of Hafiz Ibn Hazm as evidence for their view, saying: "No one has opposed this opinion, and even Ibn al-Qayyim and others are among its supporters"
In response to this, I respectfully submit that Ibn al-Qayyim came three centuries after Ibn Hazm. Their agreement with Ibn Hazm does not add any value since Ibn Abdul Barr, who was a contemporary and lived in the same region as Ibn Hazm, dismissed this fatwa as a rare opinion and refuted it, providing Hadith evidence (which we will discuss later). He stated:
"All these Hadiths clearly prove that Aqiqah is for the child, not for an adult."
[Al-Istidhkar: 318/5]
Furthermore, Sheikh al-Islam Thani, Allama Ibn al-Qayyim, did not agree with Ibn Hazm. Just as Ibn Hazm issued a rare fatwa through independent reasoning, extending the period for Aqiqah throughout one's life without having any precedent among the early generations, Ibn al-Qayyim issued a rare fatwa allowing Aqiqah before the seventh day, also without any precedent among the early generations. The difference between the two scholars is that Ibn Hazm extended the Aqiqah period beyond the seventh day, while Ibn al-Qayyim allowed it even before the seventh day. However, neither of them had the backing of the Companions, Tabi'in, or the Imams of the religion.
Our respected scholars, while accepting Ibn Hazm's opinion as correct, also claimed: "According to our knowledge, there is consensus on the correctness of this view"
This claim of consensus is quite surprising. After the explicit fatwa of Allama Ibn Abdul Barr, who was contemporary to Ibn Hazm, there is no room for this claim.
◈ Another contemporary and fellow Andalusian scholar of Ibn Hazm, the commentator of Sahih Bukhari, Allama Ibn Battal, states:
"Aqiqah cannot be performed for an adult. This is the view of the Imams of Fatawa across the lands."
[Sharh Sahih Bukhari: 375/5]
◈ Later, in the ninth century Hijri, Allama Ayni Hanafi also affirmed that Aqiqah cannot be performed for an adult and stated that this was the view of all the Imams of Fatawa
◈ In the twelfth century Hijri, Sheikh Abdul Wahab Najdi wrote:
"I am not aware of any evidence for performing Aqiqah for an adult."
[Al-Durar Al-Saniyyah: 410/5]
◈ In the thirteenth century Hijri, Allama Muhammad bin Ali Shawkani (d. 1250 AH) wrote:
"Undoubtedly, the time for Aqiqah is on the seventh day of birth, and it expires afterward."
[Nail al-Awtar: 157/5]
◈ In the fourteenth century Hijri, Allama Sharf al-Haq Azimabadi (d. 1329 AH) wrote:
"The time for Aqiqah is the seventh day after birth. It is not prescribed before or after this day."
[Awn al-Ma'bood Sharh Sunan Abi Dawood: 28/8]
◈ In the same century, Allama Abdul Rahman Mubarakpuri (d. 1353 AH) also stated:
"The more correct opinion is that the Aqiqah is fixed for the seventh day only."
[Tuhfat al-Ahwadhi: 98/5]
This means that before Hafiz Ibn Hazm, no scholar issued a fatwa allowing Aqiqah at an older age. From his time until today, scholars, with evidence, have consistently prohibited Aqiqah for an adult and have considered it specific to the child.
This discussion also proves that until the time of Ibn Hazm, there was a consensus among scholars that Aqiqah is only for the child. The rare fatwa issued by Ibn Hazm against this consensus is not considered valid, as the rare opinions of Ibn Hazm do not affect the consensus on such issues. To support our point, consider the following:
◈ Allama Ahmad bin Abdul Rahim bin Hussain, known as Ibn al-Iraqi (d. 826 AH), writes:
"There is no harm if someone gives charity on behalf of a fetus in hope of its safety. The consensus on its non-obligation was recorded before Ibn Hazm's opposition... Then my father (Hafiz Iraqi) said: Ibn Hazm contradicted the consensus by making it obligatory for the fetus, and his statement is contradictory."
[Tarh al-Tathreeb fi Sharh al-Taqreeb: 61/4]
◈ Hafiz Ibn Hajar (773-852 AH) writes:
"Ibn Qudamah did not consider Ibn Hazm's opposition and narrated the consensus."
[Fath al-Bari: 529/3]
Arguments of Those Who Oppose Aqiqah at an Older Age
The first Hadith related to this topic was mentioned at the beginning of this article. It states that the time for Aqiqah is on the seventh day, which indicates that Aqiqah should be performed during early childhood. Further clarification is provided by the following Hadith:
❀ The Messenger of Allah (peace be upon him) said:
"Whoever has a child born to them and wants to perform Aqiqah, then they should do so. For a boy, two sheep should be sacrificed, and for a girl, one sheep."
[Sunan Abi Dawood: 2842, Al-Sunan al-Kubra by Al-Bayhaqi: 505/9, with a Hasan chain]
In this Hadith, it is mentioned twice that Aqiqah is only for the child. The words "whoever has a child born to them" explicitly indicate that the time for Aqiqah is close to the birth of the child, and this is further clarified in the first Hadith we mentioned with the words "on the seventh day."
[Sahih Bukhari: 5471]
In some versions of this Hadith, the words are:
"For the boy is his Aqiqah."
[Musnad Ahmad: 16238, 16239, Sunan Nasai: 4219, Al-Sunan al-Kubra by Al-Bayhaqi: 298/9]
In this Hadith, Aqiqah is explicitly linked to the child, and it is emphasized that the animal should be sacrificed on behalf of the child. Imam Bukhari's chapter heading also points to this being a matter related to the child:
"Chapter on shaving the hair of a child in Aqiqah."
◈ The commentator of Sahih Bukhari, Allama Ibn Battal (d. 449 AH), writes in his commentary on this Hadith:
"The statement of the Prophet (peace be upon him), 'With the boy is his Aqiqah,' is proof for Imam Malik's opinion that Aqiqah is not performed for an adult. All the Imams of Fatawa across the lands agree on this."
[Sharh Sahih Bukhari: 375/5]
◈ Allama Badr al-Din Ayni Hanafi (d. 855 AH) also derived the same ruling from this Hadith
[Al-Sunan al-Kubra by Al-Bayhaqi: 298/9, with a Sahih chain]
[Musannaf Ibn Abi Shaybah: 114/5, with a Sahih chain]
[ايضا: 115/5، و سندهٔ صحيح]
[Musannaf Abdur Razzaq: 328/4, with a Sahih chain]
All these Hadiths and narrations clearly indicate that Aqiqah is only for the child and not for an adult. The terms "boy" and "girl" used in these narrations refer to a young child. Consider the following words from an authentic Hadith:
"Indeed, the urine of a girl should be washed, and the urine of a boy should be sprinkled upon."
[Sunan Abi Dawood: 376, Sunan Nasai: 305, Sunan Ibn Majah: 526, with this wording and a Hasan chain]
Just as the distinction between the urine of a boy and a girl is only relevant during early childhood and disappears in later life, similarly, the time for Aqiqah is also limited to early childhood (the seventh day), and the time for Aqiqah expires as the child grows older.
Arguments of Those Who Allow Aqiqah at an Older Age
Now, dear readers, let us examine the evidence provided by scholars who permit Aqiqah at an older age.
The Hadith of Anas Regarding Aqiqah at an Older Age
Narrated by Anas:
The Prophet (peace be upon him) performed his own Aqiqah after he was commissioned as a Prophet.
[Al-Mu'jam Al-Awsat by Tabarani: 1/298, with a Hasan chain]
After mentioning this Hadith, scholars who permit Aqiqah at an older age have written:
"This Hadith clearly establishes the ruling that if, for some reason, Aqiqah could not be performed on the seventh day, it is permissible to do it later when the opportunity arises (for instance, even 40 years later). Declaring it impermissible is incorrect."
[Monthly Zarb-e-Haq, Issue 11, p. 41]
However, the Prophet’s (peace be upon him) own Aqiqah was a unique act. How could it be that performing Aqiqah at an older age is permissible for the Ummah, and yet, until the beginning of the fifth century Hijri, not a single scholar is found who believed in or practiced Aqiqah at an older age? And if someone did issue such a fatwa in the fifth century, scholars firmly refuted it, declaring it a rare and isolated opinion. The Hadith mentioned does not state that the Prophet's (peace be upon him) Aqiqah was never done or was missed for some reason. If someone argues that Aqiqah was not practiced during the pre-Islamic era or that the Aqiqah of that time was not considered valid by the Prophet (peace be upon him), then why did the Companions (may Allah be pleased with them), most of whom were born in that period, not perform their own Aqiqah after becoming Muslim and when they had the opportunity? The correct understanding is that this action was specific to the Prophet (peace be upon him).
Hafiz Ibn Hajar (may Allah have mercy on him) writes:
"It could be said that if this narration is authentic, it was one of the special attributes of the Prophet (peace be upon him), just as it is said about his sacrifice on behalf of those in his Ummah who did not offer a sacrifice."
[Fath al-Bari: 9/595]
Hafiz Nawawi (may Allah have mercy on him) also mentioned this possibility:
"Or it was one of the special attributes of the Prophet (peace be upon him), as he sacrificed on behalf of those in his Ummah who could not offer a sacrifice, and some scholars have counted this as one of his special attributes."
[Fath al-Bari: 9/595]
The same possibility is also mentioned by Allama Abdul Rahman Mubarakpuri: [Tuhfat al-Ahwadhi: 5/97].
Note:
Hadith scholar Allama Albani (may Allah have mercy on him) (1332-1914 AH), after mentioning the narration of the Prophet’s (peace be upon him) Aqiqah after being commissioned as a Prophet, wrote:
"Some of the Salaf acted upon this Hadith."
[Silsilah Ahadith as-Sahihah wa Shay'un min Fiqhiha wa Fawa'idha: 6/506]
Let us now examine the narrations from the Salaf mentioned by him and others:
A statement is attributed to the Tabi'i Muhammad bin Sirin:
"If I knew that my Aqiqah was not done, I would perform my own Aqiqah."
[Musannaf Ibn Abi Shaybah: 5/113]
However, its chain is weak due to the "tadlis" of Hafs bin Ghiyath and the ambiguity regarding the identity of Ash'ath.
It is also narrated from Muhammad bin Sirin (may Allah have mercy on him):
"He did not consider it problematic to perform Aqiqah before or after the seventh day and would say: 'Use the meat of the Aqiqah however you wish.'"
[Musannaf Ibn Abi Shaybah: 5/115]
This statement, besides being non-explicit regarding Aqiqah at an older age, is also weak.
Sulaiman bin Tarkhan At-Taymi is a "mudallis," and there is no clear evidence of his direct hearing (sima') in this chain.
A narration is attributed to the Tabi'i Imam Hasan al-Basri (may Allah have mercy on him):
"If Aqiqah was not performed for you, then perform your own Aqiqah, even if you are an adult."
[Al-Muhalla by Ibn Hazm: 6/240]
Imam Ibn Hazm (may Allah have mercy on him) did not mention the entire chain for this narration but started the chain from Imam Waki' bin Jarrah, who passed away nearly two centuries before Ibn Hazm's birth. Therefore, this chain is severely disconnected. Allama Albani’s grading of this chain as "Hasan" is surprising!
It is narrated regarding the Tabi'i Imam Ata bin Abi Rabah (may Allah have mercy on him):
"Tareef bin Isa said: I asked Imam Ata bin Abi Rabah (may Allah have mercy on him) about Aqiqah, and he said: 'One sheep is sufficient for both a boy and a girl. If Aqiqah is not done for the child and they grow up and earn, they should perform their own Aqiqah.'"
[Al-Nafaqah Ala Al-Ayal by Ibn Abi Dunya: 1/213]
However, the reliability of the narrator Tareef bin Isa Al-Anbari is unknown. Other than Imam Ibn Hibban (Al-Thiqat: 8/327), no one has authenticated him. Since Ibn Hibban is known for authenticating unknown narrators, his unique authentication holds little weight. Thus, this narrator remains "majhul al-hal" (unknown condition). There might also be another defect in this chain.
Conclusion:
It becomes evident that none of the Salaf (righteous predecessors) believed in or practiced Aqiqah at an older age. The fact that the Companions, Tabi'in, and Imams refrained from this act indicates that it was a unique attribute of the Prophet (peace be upon him). The methodology of the Salaf and the Hadith scholars is that when the Companions, Tabi'in, and Imams refrain from acting upon a Hadith, it is considered a unique attribute of the Prophet (peace be upon him). For example, it is established that the Companions sought blessings (tabarruk) from the Prophet (peace be upon him), but after his passing, it is not proven from the Companions, Tabi'in, or Imams that they sought blessings from anyone else. Therefore, the Ahl al-Sunnah wal-Jama'ah have considered tabarruk specific to the Prophet (peace be upon him). In this regard, Allama Shatibi (538-590 AH) writes:
"After the death of the Prophet (peace be upon him), none of the Companions performed such acts. It is not proven from any of them, through an authentic and well-known chain, that they sought blessings from anyone in such a manner. Instead, they limited themselves to following the actions, statements, and practices of the Prophet (peace be upon him). Therefore, the Companions' practice represents a consensus on abandoning all such practices."
[Al-I'tisam: 2/301-302]
Hadith of the Prophet (peace be upon him):
"Every child is held in pledge for their Aqiqah."
[Al-Muntaqa by Ibn Jarud: 910, with a Hasan chain]
Based on this Hadith, scholars who permit Aqiqah at an older age have written:
"Since every child is held in pledge for their Aqiqah, it is necessary to release this pledge. If, due to a valid excuse, a person missed the Aqiqah, they should perform it whenever possible to release the child from this pledge."
[Zarb-e-Haq, Issue 11, p. 42]
We have already explained that this Hadith supports our argument. This Hadith indicates that the child is held in pledge by the Aqiqah, not the adult. Therefore, when a person grows up, they are automatically released from this pledge.
Furthermore, the statement mentioned in the respected scholars' writing also acknowledges that it is the child who is held in pledge and that Aqiqah should be performed for the child when the opportunity arises. We also affirm that Aqiqah is only for the child, not the adult. The stipulation of performing Aqiqah on the seventh day has been clearly established by Hadiths. The permission given by some of the Salaf for the fourteenth and twenty-first days was based on some weak narrations. Therefore, there is no example of anyone after the twenty-first day during the best period of the early generations (khayr al-qurun).
For this reason, Imam Tirmidhi (may Allah have mercy on him) writes after mentioning this Hadith:
"The scholars act according to this Hadith. They consider it recommended to sacrifice for the child on the seventh day. If it is not possible on the seventh day, then on the fourteenth day. If that is also not possible, then on the twenty-first day."
[Jami' al-Tirmidhi, under Hadith 1522]
This clearly indicates that up until Imam Tirmidhi’s time, no scholar believed in performing Aqiqah after the twenty-first day. Additionally, according to Imam Tirmidhi, the proper practice of the Hadith necessitates this understanding. No Companion, Tabi'in, or Imam has permitted Aqiqah for adults. Why? Simply because the Hadiths mentioning Aqiqah refer specifically to the child, not the adult. This is worth reflecting on.
**As a reminder, the Hadiths we used to argue that Aqiqah is only for the child were understood this way by scholars long before us. This understanding was shared by Imam Tirmidhi, other Imams, Hafiz Ibn Battal, Hafiz Ibn Abdul Barr, and others. However, those who permit Aqiqah at an older age do not have any precedent among the Salaf in their interpretation of Hadiths. Hafiz Ibn Hazm and Hafiz Ibn al-Qayyim cannot be considered their predecessors (Salaf) in this matter. Ibn Hazm cannot be their Salaf because he believed in the obligation of Aqiqah and used this obligation as a basis to argue that it can be done at any age, even for a child who died before the seventh day. Ibn al-Qayyim cannot be their Salaf either because he did not consider any specific time limit for Aqiqah, which is why he allowed Aqiqah even before the seventh day. Our respected scholars do not agree with either of these positions, considering both the obligation of Aqiqah and the permissibility of performing it before the seventh day as isolated opinions. Even if they were to consider these two scholars as their predecessors in this issue, the isolated views of these two individuals cannot outweigh the consensus and practice of the Companions, Tabi'in, and Imams of the religion.
In conclusion:
It is not correct to say: "If, due to an excuse, one could not perform the Aqiqah on the seventh day, then it should be done whenever possible in life, and this is the most correct and sound view."
[Monthly Zarb-e-Haq, Issue 11, p. 42]
This is also worth considering: Why is the condition of a valid excuse necessary for performing Aqiqah at an older age? If a person’s parents did not perform their Aqiqah without any valid reason and the person grew up, are they not still held in pledge? If not, why? If they are, then what is the point of this condition?
In summary:
In light of the Islamic texts, Aqiqah is only legislated in childhood and on the seventh day. This has been transmitted from our pious predecessors. Although some of the Salaf allowed Aqiqah on the fourteenth and twenty-first days based on certain weak narrations, their view is not the preferred one. As for performing Aqiqah at an older age, there is no precedent among the Salaf. The righteous adherents to the truth follow the methodology of the Shariah as understood by the Salaf. Deviating from the understanding of the Salaf cannot lead to the truth. May Allah keep us steadfast on the path of the Salaf. Ameen.
"Every child is held in pledge for their Aqiqah, which is performed on the seventh day after birth. On this day, the animal should be sacrificed, the child's head shaved, and the child named."
[Musnad Imam Ahmad: 22, 18, 17, 12, 8, 7/5, Sunan Abi Dawood: 2838, Sunan Tirmidhi: 1522, Sunan Nasai: 4225, Sunan Ibn Majah: 3165, Al-Muntaqi by Ibn Jarud: 910, with a Sahih chain]
Like other Islamic issues, there has been a slight difference of opinion among scholars after considering various evidences on this matter. Some scholars from the early generations have, based on certain narrations, issued a fatwa permitting Aqiqah on the fourteenth and twenty-first day in addition to the seventh day. However, it should be noted that the narrations supporting Aqiqah on the fourteenth or twenty-first day are not authentically established from the Prophet Muhammad (peace be upon him) or the Companions. Therefore, the opinion that only the seventh day is legislated for Aqiqah is considered more correct.
This difference of opinion was merely about adding the fourteenth and twenty-first day alongside the seventh. As for performing Aqiqah before the seventh day or after the twenty-first day, this is not proven from the early generations of the Ummah, i.e., the Companions, Tabi'in, or the Imams of the religion. To our knowledge, no scholar up until the beginning of the fifth century Hijri believed or practiced Aqiqah before the seventh day or after the twenty-first day, except for the cases of the fourteenth and twenty-first days.
In the fifth century Hijri, some scholars of the Zahiri school deduced from the apparent words of the Aqiqah Hadiths that it is obligatory. Based on this, they issued a fatwa that since Aqiqah is obligatory, it must be performed whether the child lives until the seventh day or not. However, Aqiqah cannot be performed before the seventh day; if it is not performed on the seventh day, it should be done whenever possible during the child's life. This was the fatwa of Imam Ibn Hazm al-Zahiri (368-463 AH)【المحلي بالآثار: 234/6】.
This was a rare opinion contrary to the teachings of the early generations of the Ummah. When this fatwa was issued, the Andalusian Hadith scholar of the same era, Allama Ibn Abdul Barr (368-463 AH), strongly refuted it, stating:
"Some rare individuals have permitted that an adult person perform their own Aqiqah."
[Al-Istidhkar: 318/5]
Some respected scholars have leaned towards the opinion that an adult can also perform Aqiqah. They have presented the fatwa of Hafiz Ibn Hazm as evidence for their view, saying: "No one has opposed this opinion, and even Ibn al-Qayyim and others are among its supporters"
【ماهنامه ضرب حق، شماره 11، صں 42】.
In response to this, I respectfully submit that Ibn al-Qayyim came three centuries after Ibn Hazm. Their agreement with Ibn Hazm does not add any value since Ibn Abdul Barr, who was a contemporary and lived in the same region as Ibn Hazm, dismissed this fatwa as a rare opinion and refuted it, providing Hadith evidence (which we will discuss later). He stated:
"All these Hadiths clearly prove that Aqiqah is for the child, not for an adult."
[Al-Istidhkar: 318/5]
Furthermore, Sheikh al-Islam Thani, Allama Ibn al-Qayyim, did not agree with Ibn Hazm. Just as Ibn Hazm issued a rare fatwa through independent reasoning, extending the period for Aqiqah throughout one's life without having any precedent among the early generations, Ibn al-Qayyim issued a rare fatwa allowing Aqiqah before the seventh day, also without any precedent among the early generations. The difference between the two scholars is that Ibn Hazm extended the Aqiqah period beyond the seventh day, while Ibn al-Qayyim allowed it even before the seventh day. However, neither of them had the backing of the Companions, Tabi'in, or the Imams of the religion.
Our respected scholars, while accepting Ibn Hazm's opinion as correct, also claimed: "According to our knowledge, there is consensus on the correctness of this view"
【ماهنامه ضرب حق، شماره 11، ص 42】.
This claim of consensus is quite surprising. After the explicit fatwa of Allama Ibn Abdul Barr, who was contemporary to Ibn Hazm, there is no room for this claim.
◈ Another contemporary and fellow Andalusian scholar of Ibn Hazm, the commentator of Sahih Bukhari, Allama Ibn Battal, states:
"Aqiqah cannot be performed for an adult. This is the view of the Imams of Fatawa across the lands."
[Sharh Sahih Bukhari: 375/5]
◈ Later, in the ninth century Hijri, Allama Ayni Hanafi also affirmed that Aqiqah cannot be performed for an adult and stated that this was the view of all the Imams of Fatawa
【عمدة القاري شرح صحيح البخاري : 21 /86】.
◈ In the twelfth century Hijri, Sheikh Abdul Wahab Najdi wrote:
"I am not aware of any evidence for performing Aqiqah for an adult."
[Al-Durar Al-Saniyyah: 410/5]
◈ In the thirteenth century Hijri, Allama Muhammad bin Ali Shawkani (d. 1250 AH) wrote:
"Undoubtedly, the time for Aqiqah is on the seventh day of birth, and it expires afterward."
[Nail al-Awtar: 157/5]
◈ In the fourteenth century Hijri, Allama Sharf al-Haq Azimabadi (d. 1329 AH) wrote:
"The time for Aqiqah is the seventh day after birth. It is not prescribed before or after this day."
[Awn al-Ma'bood Sharh Sunan Abi Dawood: 28/8]
◈ In the same century, Allama Abdul Rahman Mubarakpuri (d. 1353 AH) also stated:
"The more correct opinion is that the Aqiqah is fixed for the seventh day only."
[Tuhfat al-Ahwadhi: 98/5]
This means that before Hafiz Ibn Hazm, no scholar issued a fatwa allowing Aqiqah at an older age. From his time until today, scholars, with evidence, have consistently prohibited Aqiqah for an adult and have considered it specific to the child.
This discussion also proves that until the time of Ibn Hazm, there was a consensus among scholars that Aqiqah is only for the child. The rare fatwa issued by Ibn Hazm against this consensus is not considered valid, as the rare opinions of Ibn Hazm do not affect the consensus on such issues. To support our point, consider the following:
◈ Allama Ahmad bin Abdul Rahim bin Hussain, known as Ibn al-Iraqi (d. 826 AH), writes:
"There is no harm if someone gives charity on behalf of a fetus in hope of its safety. The consensus on its non-obligation was recorded before Ibn Hazm's opposition... Then my father (Hafiz Iraqi) said: Ibn Hazm contradicted the consensus by making it obligatory for the fetus, and his statement is contradictory."
[Tarh al-Tathreeb fi Sharh al-Taqreeb: 61/4]
◈ Hafiz Ibn Hajar (773-852 AH) writes:
"Ibn Qudamah did not consider Ibn Hazm's opposition and narrated the consensus."
[Fath al-Bari: 529/3]
Arguments of Those Who Oppose Aqiqah at an Older Age
The first Hadith related to this topic was mentioned at the beginning of this article. It states that the time for Aqiqah is on the seventh day, which indicates that Aqiqah should be performed during early childhood. Further clarification is provided by the following Hadith:
❀ The Messenger of Allah (peace be upon him) said:
"Whoever has a child born to them and wants to perform Aqiqah, then they should do so. For a boy, two sheep should be sacrificed, and for a girl, one sheep."
[Sunan Abi Dawood: 2842, Al-Sunan al-Kubra by Al-Bayhaqi: 505/9, with a Hasan chain]
In this Hadith, it is mentioned twice that Aqiqah is only for the child. The words "whoever has a child born to them" explicitly indicate that the time for Aqiqah is close to the birth of the child, and this is further clarified in the first Hadith we mentioned with the words "on the seventh day."
- It is narrated by Sayyidina Salman (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
[Sahih Bukhari: 5471]
In some versions of this Hadith, the words are:
"For the boy is his Aqiqah."
[Musnad Ahmad: 16238, 16239, Sunan Nasai: 4219, Al-Sunan al-Kubra by Al-Bayhaqi: 298/9]
In this Hadith, Aqiqah is explicitly linked to the child, and it is emphasized that the animal should be sacrificed on behalf of the child. Imam Bukhari's chapter heading also points to this being a matter related to the child:
"Chapter on shaving the hair of a child in Aqiqah."
◈ The commentator of Sahih Bukhari, Allama Ibn Battal (d. 449 AH), writes in his commentary on this Hadith:
"The statement of the Prophet (peace be upon him), 'With the boy is his Aqiqah,' is proof for Imam Malik's opinion that Aqiqah is not performed for an adult. All the Imams of Fatawa across the lands agree on this."
[Sharh Sahih Bukhari: 375/5]
◈ Allama Badr al-Din Ayni Hanafi (d. 855 AH) also derived the same ruling from this Hadith
【عمدة القاري شرح صحيح البخاري : 88/21】.
- The narrator of this Hadith, Sayyidina Salman bin Amir Dabi (may Allah be pleased with him), said:
[Al-Sunan al-Kubra by Al-Bayhaqi: 298/9, with a Sahih chain]
- Sayyidina Abdullah bin Umar (may Allah be pleased with him) used to say:
[Musannaf Ibn Abi Shaybah: 114/5, with a Sahih chain]
- Hisham bin Urwah narrates that his father, Urwah bin Zubair (a Tabi'i), used to perform Aqiqah with one sheep for both a boy and a girl【ايضا، وسندۂ صحيح】.
- Imam Zuhri (may Allah have mercy on him) used to say:
[ايضا: 115/5، و سندهٔ صحيح]
- Sayyida Aisha (may Allah be pleased with her) used to say:
[Musannaf Abdur Razzaq: 328/4, with a Sahih chain]
All these Hadiths and narrations clearly indicate that Aqiqah is only for the child and not for an adult. The terms "boy" and "girl" used in these narrations refer to a young child. Consider the following words from an authentic Hadith:
"Indeed, the urine of a girl should be washed, and the urine of a boy should be sprinkled upon."
[Sunan Abi Dawood: 376, Sunan Nasai: 305, Sunan Ibn Majah: 526, with this wording and a Hasan chain]
Just as the distinction between the urine of a boy and a girl is only relevant during early childhood and disappears in later life, similarly, the time for Aqiqah is also limited to early childhood (the seventh day), and the time for Aqiqah expires as the child grows older.
Arguments of Those Who Allow Aqiqah at an Older Age
Now, dear readers, let us examine the evidence provided by scholars who permit Aqiqah at an older age.
The Hadith of Anas Regarding Aqiqah at an Older Age
Narrated by Anas:
The Prophet (peace be upon him) performed his own Aqiqah after he was commissioned as a Prophet.
[Al-Mu'jam Al-Awsat by Tabarani: 1/298, with a Hasan chain]
After mentioning this Hadith, scholars who permit Aqiqah at an older age have written:
"This Hadith clearly establishes the ruling that if, for some reason, Aqiqah could not be performed on the seventh day, it is permissible to do it later when the opportunity arises (for instance, even 40 years later). Declaring it impermissible is incorrect."
[Monthly Zarb-e-Haq, Issue 11, p. 41]
However, the Prophet’s (peace be upon him) own Aqiqah was a unique act. How could it be that performing Aqiqah at an older age is permissible for the Ummah, and yet, until the beginning of the fifth century Hijri, not a single scholar is found who believed in or practiced Aqiqah at an older age? And if someone did issue such a fatwa in the fifth century, scholars firmly refuted it, declaring it a rare and isolated opinion. The Hadith mentioned does not state that the Prophet's (peace be upon him) Aqiqah was never done or was missed for some reason. If someone argues that Aqiqah was not practiced during the pre-Islamic era or that the Aqiqah of that time was not considered valid by the Prophet (peace be upon him), then why did the Companions (may Allah be pleased with them), most of whom were born in that period, not perform their own Aqiqah after becoming Muslim and when they had the opportunity? The correct understanding is that this action was specific to the Prophet (peace be upon him).
Hafiz Ibn Hajar (may Allah have mercy on him) writes:
"It could be said that if this narration is authentic, it was one of the special attributes of the Prophet (peace be upon him), just as it is said about his sacrifice on behalf of those in his Ummah who did not offer a sacrifice."
[Fath al-Bari: 9/595]
Hafiz Nawawi (may Allah have mercy on him) also mentioned this possibility:
"Or it was one of the special attributes of the Prophet (peace be upon him), as he sacrificed on behalf of those in his Ummah who could not offer a sacrifice, and some scholars have counted this as one of his special attributes."
[Fath al-Bari: 9/595]
The same possibility is also mentioned by Allama Abdul Rahman Mubarakpuri: [Tuhfat al-Ahwadhi: 5/97].
Note:
Hadith scholar Allama Albani (may Allah have mercy on him) (1332-1914 AH), after mentioning the narration of the Prophet’s (peace be upon him) Aqiqah after being commissioned as a Prophet, wrote:
"Some of the Salaf acted upon this Hadith."
[Silsilah Ahadith as-Sahihah wa Shay'un min Fiqhiha wa Fawa'idha: 6/506]
Let us now examine the narrations from the Salaf mentioned by him and others:
A statement is attributed to the Tabi'i Muhammad bin Sirin:
"If I knew that my Aqiqah was not done, I would perform my own Aqiqah."
[Musannaf Ibn Abi Shaybah: 5/113]
However, its chain is weak due to the "tadlis" of Hafs bin Ghiyath and the ambiguity regarding the identity of Ash'ath.
It is also narrated from Muhammad bin Sirin (may Allah have mercy on him):
"He did not consider it problematic to perform Aqiqah before or after the seventh day and would say: 'Use the meat of the Aqiqah however you wish.'"
[Musannaf Ibn Abi Shaybah: 5/115]
This statement, besides being non-explicit regarding Aqiqah at an older age, is also weak.
Sulaiman bin Tarkhan At-Taymi is a "mudallis," and there is no clear evidence of his direct hearing (sima') in this chain.
A narration is attributed to the Tabi'i Imam Hasan al-Basri (may Allah have mercy on him):
"If Aqiqah was not performed for you, then perform your own Aqiqah, even if you are an adult."
[Al-Muhalla by Ibn Hazm: 6/240]
Imam Ibn Hazm (may Allah have mercy on him) did not mention the entire chain for this narration but started the chain from Imam Waki' bin Jarrah, who passed away nearly two centuries before Ibn Hazm's birth. Therefore, this chain is severely disconnected. Allama Albani’s grading of this chain as "Hasan" is surprising!
It is narrated regarding the Tabi'i Imam Ata bin Abi Rabah (may Allah have mercy on him):
"Tareef bin Isa said: I asked Imam Ata bin Abi Rabah (may Allah have mercy on him) about Aqiqah, and he said: 'One sheep is sufficient for both a boy and a girl. If Aqiqah is not done for the child and they grow up and earn, they should perform their own Aqiqah.'"
[Al-Nafaqah Ala Al-Ayal by Ibn Abi Dunya: 1/213]
However, the reliability of the narrator Tareef bin Isa Al-Anbari is unknown. Other than Imam Ibn Hibban (Al-Thiqat: 8/327), no one has authenticated him. Since Ibn Hibban is known for authenticating unknown narrators, his unique authentication holds little weight. Thus, this narrator remains "majhul al-hal" (unknown condition). There might also be another defect in this chain.
Conclusion:
It becomes evident that none of the Salaf (righteous predecessors) believed in or practiced Aqiqah at an older age. The fact that the Companions, Tabi'in, and Imams refrained from this act indicates that it was a unique attribute of the Prophet (peace be upon him). The methodology of the Salaf and the Hadith scholars is that when the Companions, Tabi'in, and Imams refrain from acting upon a Hadith, it is considered a unique attribute of the Prophet (peace be upon him). For example, it is established that the Companions sought blessings (tabarruk) from the Prophet (peace be upon him), but after his passing, it is not proven from the Companions, Tabi'in, or Imams that they sought blessings from anyone else. Therefore, the Ahl al-Sunnah wal-Jama'ah have considered tabarruk specific to the Prophet (peace be upon him). In this regard, Allama Shatibi (538-590 AH) writes:
"After the death of the Prophet (peace be upon him), none of the Companions performed such acts. It is not proven from any of them, through an authentic and well-known chain, that they sought blessings from anyone in such a manner. Instead, they limited themselves to following the actions, statements, and practices of the Prophet (peace be upon him). Therefore, the Companions' practice represents a consensus on abandoning all such practices."
[Al-I'tisam: 2/301-302]
Hadith of the Prophet (peace be upon him):
"Every child is held in pledge for their Aqiqah."
[Al-Muntaqa by Ibn Jarud: 910, with a Hasan chain]
Based on this Hadith, scholars who permit Aqiqah at an older age have written:
"Since every child is held in pledge for their Aqiqah, it is necessary to release this pledge. If, due to a valid excuse, a person missed the Aqiqah, they should perform it whenever possible to release the child from this pledge."
[Zarb-e-Haq, Issue 11, p. 42]
We have already explained that this Hadith supports our argument. This Hadith indicates that the child is held in pledge by the Aqiqah, not the adult. Therefore, when a person grows up, they are automatically released from this pledge.
Furthermore, the statement mentioned in the respected scholars' writing also acknowledges that it is the child who is held in pledge and that Aqiqah should be performed for the child when the opportunity arises. We also affirm that Aqiqah is only for the child, not the adult. The stipulation of performing Aqiqah on the seventh day has been clearly established by Hadiths. The permission given by some of the Salaf for the fourteenth and twenty-first days was based on some weak narrations. Therefore, there is no example of anyone after the twenty-first day during the best period of the early generations (khayr al-qurun).
For this reason, Imam Tirmidhi (may Allah have mercy on him) writes after mentioning this Hadith:
"The scholars act according to this Hadith. They consider it recommended to sacrifice for the child on the seventh day. If it is not possible on the seventh day, then on the fourteenth day. If that is also not possible, then on the twenty-first day."
[Jami' al-Tirmidhi, under Hadith 1522]
This clearly indicates that up until Imam Tirmidhi’s time, no scholar believed in performing Aqiqah after the twenty-first day. Additionally, according to Imam Tirmidhi, the proper practice of the Hadith necessitates this understanding. No Companion, Tabi'in, or Imam has permitted Aqiqah for adults. Why? Simply because the Hadiths mentioning Aqiqah refer specifically to the child, not the adult. This is worth reflecting on.
**As a reminder, the Hadiths we used to argue that Aqiqah is only for the child were understood this way by scholars long before us. This understanding was shared by Imam Tirmidhi, other Imams, Hafiz Ibn Battal, Hafiz Ibn Abdul Barr, and others. However, those who permit Aqiqah at an older age do not have any precedent among the Salaf in their interpretation of Hadiths. Hafiz Ibn Hazm and Hafiz Ibn al-Qayyim cannot be considered their predecessors (Salaf) in this matter. Ibn Hazm cannot be their Salaf because he believed in the obligation of Aqiqah and used this obligation as a basis to argue that it can be done at any age, even for a child who died before the seventh day. Ibn al-Qayyim cannot be their Salaf either because he did not consider any specific time limit for Aqiqah, which is why he allowed Aqiqah even before the seventh day. Our respected scholars do not agree with either of these positions, considering both the obligation of Aqiqah and the permissibility of performing it before the seventh day as isolated opinions. Even if they were to consider these two scholars as their predecessors in this issue, the isolated views of these two individuals cannot outweigh the consensus and practice of the Companions, Tabi'in, and Imams of the religion.
In conclusion:
It is not correct to say: "If, due to an excuse, one could not perform the Aqiqah on the seventh day, then it should be done whenever possible in life, and this is the most correct and sound view."
[Monthly Zarb-e-Haq, Issue 11, p. 42]
This is also worth considering: Why is the condition of a valid excuse necessary for performing Aqiqah at an older age? If a person’s parents did not perform their Aqiqah without any valid reason and the person grew up, are they not still held in pledge? If not, why? If they are, then what is the point of this condition?
In summary:
In light of the Islamic texts, Aqiqah is only legislated in childhood and on the seventh day. This has been transmitted from our pious predecessors. Although some of the Salaf allowed Aqiqah on the fourteenth and twenty-first days based on certain weak narrations, their view is not the preferred one. As for performing Aqiqah at an older age, there is no precedent among the Salaf. The righteous adherents to the truth follow the methodology of the Shariah as understood by the Salaf. Deviating from the understanding of the Salaf cannot lead to the truth. May Allah keep us steadfast on the path of the Salaf. Ameen.