This excerpt is taken from Sheikh Farooq Rafi Sahib's book Qurbani, Aqiqa, and Ashra Zil-Hijjah.
Whether Aqiqa is obligatory, a confirmed Sunnah, or a disliked act is a matter on which scholars have different opinions. Below, we will present these opinions along with the evidences for each, and then indicate the preferred opinion:
First Opinion:
Hasan Basri, Dawood Zahiri, and the Zahiri school hold that Aqiqah is obligatory.
Reference: Nail al-Awtar: 140/5. Al-Mughni with Al-Sharh al-Kabir: 121/11.
The arguments of those who believe in the obligation of Aqiqah are based on the following hadiths.
① It is narrated from Sayyiduna Samurah bin Jundub (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
كل غلام رهينة بعقيقته، تذبح عنه يوم سابعه، ويحلق، ويسمى
"Every child is in pledge for his Aqiqah, so it should be sacrificed on his behalf on the seventh day, his head should be shaved, and his name should be given."
Reference: Sahih Bukhari, Book of Aqiqah, Chapter on Removing Harm from the Child in Aqiqah: 5472. Sunan Abi Dawood, Book of Sacrifices, Chapter on Aqiqah: 2838. Jami` at-Tirmidhi, Book of Sacrifices, Chapter on Aqiqah: 1522. Sunan an-Nasa'i, Book of Aqiqah, Chapter on When to Perform Aqiqah: 4235. Sunan Ibn Majah, Book of Slaughtering, Chapter on Aqiqah: 3165. Musnad Ahmad: 7/5, 12
Khattabi (may Allah have mercy on him) states: "There is a difference of opinion among scholars regarding the meaning of this hadith. Ahmad ibn Hanbal (may Allah have mercy on him) explains the meaning of this hadith as follows: If a child does not have Aqiqah and dies in childhood, he will not intercede for his parents on the Day of Judgment. According to another view, the intended meaning is that Aqiqah is absolutely necessary, and it is obligatory for the newborn just as a pledged item is necessary in the hand of the mortgagor (i.e., just as it is necessary for the borrower to return the loan to obtain the pledged item, similarly Aqiqah is obligatory for the newborn). This second view strengthens the position of those who hold the obligation of Aqiqah."
Reference: Nail al-Awtar: 141/5. 'Awn al-Ma'bud: 42/8.
② Sayyiduna Salman bin 'Amir (may Allah be pleased with him) reports that the Messenger of Allah (peace be upon him) said:
مع الغلام عقيقة، فأهريقوا عنه دما، وأميطوا عنه الأذى
"Every child has Aqiqah, so shed blood on his behalf (perform Aqiqah) and remove dirt from him (i.e., shave the head)."
Reference: Sahih Bukhari, Book of Aqiqah, Chapter on Removing Harm from the Child in Aqiqah: 5472. Sunan Abi Dawood, Book of Sacrifices, Chapter on Aqiqah: 2839. Jami` at-Tirmidhi, Book of Sacrifices, Chapter on the Adhan in the Ear of the Newborn: 1515. Sunan Ibn Majah, Book of Slaughtering, Chapter on Aqiqah: 3164. Musnad Ahmad: 314/4. Sahih Ibn Khuzaymah: 2067.
③ Sayyida Aisha Siddiqah (may Allah be pleased with her) states:
أمرنا رسول الله صلى الله عليه وسلم أن نعق عن الغلام شاتين، وعن الجارية شاة
"The Messenger of Allah (peace be upon him) commanded us to perform Aqiqah with two goats for a boy and one goat for a girl."
Reference: Hasan: Jami` at-Tirmidhi, Book of Sacrifices, Chapter on What Has Been Related Regarding Aqiqah: 1513. Sunan Ibn Majah, Book of Slaughtering, Chapter on Aqiqah: 3163. Musnad Ahmad: 31/6. Musnad Abu Ya'la: 4648. (Abdullah bin Uthman 'Azim Saduq and all other narrators are trustworthy)
The hadiths of this chapter are evidence that Aqiqah is obligatory on behalf of the newborn, because the command to perform Aqiqah has been given, and also the words "رهينة" (the child is pledged for his Aqiqah) are explicit that Aqiqah is obligatory and cannot be interpreted as merely recommended, because just as it is impossible to obtain a pledged item without repaying the loan, similarly Aqiqah is necessary and obligatory as a gratitude for the birth of the newborn.
The Second Religion:
The position of the majority of scholars is that Aqeeqah is Sunnah.
Reference: Nail al-Awtar: 140/5.
① Ibn Qudamah Hanbali, may Allah have mercy on him, states:
والعقيقة سنة فى قول عامة أهل العلم: منهم ابن عباس، وابن عمر، وعائشة، وفقهاء التابعين، وأئمة أهل الأمصار
“Most of the scholars, such as Ibn Abbas (may Allah be pleased with him), Ibn Umar (may Allah be pleased with him), Aisha (may Allah be pleased with her), the jurists of the Tabi‘in (may Allah have mercy on them), and the Imams, hold the view that Aqeeqah is Sunnah.”
Reference: Al-Mughni with Al-Sharh Al-Kabir: 120/11.
② Hafiz Ibn Qayyim, may Allah have mercy on him, states:
فأما أهل الحديث قاطبة وفقهاؤهم وجمهور أهل السنة فقالوا: هي من سنة رسول الله صلى الله عليه وسلم
“All the Muhaddithin and jurists and the majority of Ahl al-Sunnah say that this (Aqeeqah) is the Sunnah of the Messenger of Allah (peace and blessings be upon him).”
Reference: Tuhfat al-Mawdud bi Ahkam al-Mawlood, p. 28.
The evidence for the position of these scholars is the following hadith.
Sayyiduna Abdullah bin Amr (may Allah be pleased with him) narrates:
سئل النبى صلى الله عليه وسلم عن العقيقة، فقال: لا يحب الله العقوق، كأنه كره الاسم، وقال: من ولد له ولد، فأحب أن ينسك عنه فلينسك
“The Prophet (peace and blessings be upon him) was asked about Aqeeqah, and he said: Allah dislikes the word ‘Uqooq’ (disobedience), as if he disliked this name (Aqeeqah). Then he said: Whoever has a child born to him and wishes to offer a sacrifice on his behalf, let him offer a sacrifice.”
Reference: Hasan: Sunan Abi Dawood: 28442. Sunan al-Nasa’i: 4217. Musnad Ahmad: 182/2. Mustadrak Hakim: 238/4.
Benefits:
① Shawkani, may Allah have mercy on him, states: In the words "من أحب" in the hadith, choosing to perform Aqiqah removes the obligation and indicates it is recommended.
Reference: Nail al-Awtar: 44/5.
② Hafiz Ibn Abd al-Barr, may Allah have mercy on him, says: In this hadith, the words "من أحب" indicate that performing Aqiqah is not obligatory, but rather a confirmed Sunnah.
Reference: Al-Tamhid by Ibn Abd al-Barr: 311/4.
③ Imam Malik, may Allah have mercy on him, states:
وليست العقيقة بواجبة، ولٰكنها يستحب العمل بها، وهى من الأمر الذى لم يزل عليه الناس عندنا
"Aqiqah is not obligatory, but a recommended act, and among us people have always practiced it."
Reference: Muwatta Malik, Book of Aqiqah, Chapter on Pregnancy in Aqiqah: 295.
Third School of Thought:
The school of Abu Hanifa, may Allah have mercy on him, and the Hanafi school holds that Aqiqah is neither obligatory nor Sunnah, but rather a pre-Islamic custom.
Reference: Nail al-Awtar: 141/5. Al-Mughni with Al-Sharh al-Kabir: 120/11.
Evidence:
The Hanafi argument for the previous narration is these words: لا يحب الله العقوق (Allah Almighty dislikes the word 'Uqooq'). Among the hadiths, no one surpasses the Hanafis in altering and changing the meaning of hadiths to strengthen their own sect, and an example of deriving meaning from a part of a hadith is the mentioned hadith. The truth is that upon knowing the hadith of the Prophet, they should abandon their stubbornness and invite scholars, mujtahids, and common people to follow the words of the Prophet ﷺ instead of the words of the Imam. But here, the situation is completely distorted. Observe the boldness of Ghulam Rasool Saeedi Barelvi, who writes: "If a person does not come out of the lowliness of mere imitation, he should be prohibited from performing 'Aqiqah', or at least it should be said that 'Aqiqah' is permissible and not a deed of reward, and he should not shape the words of the Great Imam according to his own desire and say that according to the Great Imam, 'Aqiqah' is Sunnah, but not an emphasized Sunnah or an established Sunnah. And if he is engaged in the field of research, he should say that 'Aqiqah' is Sunnah and recommended, because it is proven in authentic hadiths and the entire Ummah has accepted these hadiths, and the Great Imam did not receive these hadiths, otherwise he would not have called 'Aqiqah' disliked, because in that era, the means and resources of dissemination and publication were not as available as they are now. Here, acting upon the hadith against the words of the Imam is not against imitation."
Reference: Sharh Sahih Muslim, Vol: 45/1.
If Saeedi Sahib invited the public and elites to adopt the Prophetic method and showed the common people the way to freedom from the profound depths of personal imitation and invited them to follow the words of the Prophet ﷺ instead of the words of the Imam, how good it would have been. Then the tragedy is that this statement is not even established from Abu Hanifa, may Allah have mercy on him. Abu Hanifa, may Allah have mercy on him, states:
ولا يعق عن الغلام ولا عن الجارية
"'Aqiqah' should not be performed for a boy or a girl."
Reference: Weak: Al-Jami' al-Saghir by Muhammad bin Hasan Shaybani, p. 534. The chain of this statement contains Muhammad bin Hasan Shaybani, a weak narrator. For details, consult Lisan al-Mizan and Al-Jarh wa al-Ta'dil.
Dominant Position:
Aqiqah is obligatory; this is the prevailing and closest to the truth stance, because the hadith from which the majority of scholars have taken the recommendation of Aqiqah is not a correct basis for proving its recommendation. Moreover, in reasoning from this hadith, the majority of scholars and the Hanafis have fallen into excess and deficiency, because the context of the hadith neither indicates that Aqiqah is disliked nor does it negate the obligation of Aqiqah. Rather, in this hadith, the use of the word Aqiqah is declared disliked, and emphasis is placed on changing this term to Nasiqa or Zabihah, because the root of the words ‘Uquq’ and ‘Aqiqah’ is the same, and ‘Uquq’ means disobedience. Therefore, the purpose is to remove this confusion and similarity, not to declare Aqiqah disliked or recommended. Accordingly, Allama Sindi (may Allah have mercy on him) explains the mentioned hadith as follows: “This hadith does not intend to insult Aqiqah or negate its obligation, rather the Prophet (peace be upon him) merely disliked the name (word Aqiqah) and preferred that it be called by a better name, such as Nasiqa or Zabihah, etc.”
Reference: Sharh Sunan Nasai by Sindi: 498/5.
Also, for further clarification of this issue, the fatwa of the famous Muhaddith Hafiz Abdullah Ropari (may Allah have mercy on him) holds the status of a decisive statement, which is presented here verbatim for the readers.
Question: Is Aqiqah obligatory or Sunnah?
Answer: There is a difference of opinion regarding the obligation of Aqiqah. Hasan Basri, a Tabi‘i (may Allah have mercy on him), and the Zahiris hold it to be obligatory, while the majority say it is Sunnah, and Imam Abu Hanifa (may Allah have mercy on him) says it is neither obligatory nor Sunnah. According to Imam Muhammad (may Allah have mercy on him), a student of Imam Abu Hanifa, it was abrogated along with sacrifice, and there is also a narration from Imam Abu Hanifa that it was a pre-Islamic custom which Islam abolished. Perhaps Imam Abu Hanifa did not receive the hadiths about Aqiqah. All these opinions are mentioned by Imam Shawkani (may Allah have mercy on him) in Nayl al-Awtar. Imam Shawkani’s inclination seems to be towards the majority’s view. The majority’s proof is a hadith in which the word "أحب" (whoever loves) suggests that Aqiqah may not be obligatory, but this proof is weak because other hadiths establish its obligation, as some narrations use the imperative form
أهريقوا عنه دما "from it the blood is shed," which indicates obligation, and some include the word "رهينة," meaning that if Aqiqah is not done, the child cannot intercede for the parents, or that Aqiqah is as necessary as a pledge that cannot be released without repayment, and some have interpreted it as being bound like a pledge.
Until Aqiqah is performed, the child is neither named nor is the hair shaved, and shaving the hair alone is not sufficient; thus, Aqiqah becomes necessary. Some narrations include the word "أمرنا," meaning the Messenger of Allah (peace be upon him) commanded us to perform Aqiqah, which also proves its obligation. Imam Shawkani (may Allah have mercy on him) says in Nayl al-Awtar that although these words indicate obligation, the word "من أحب" is a contextual indicator, showing that the words do not imply obligation but rather a recommended command. However, Imam Shawkani’s statement is not correct because the imperative form or the word ‘command’ sometimes comes with a context indicating recommendation, but the meaning of "__ARABIC_17" is difficult to interpret as recommendation, and besides, the word "ARABIC_18" is not a satisfactory proof for recommendation. See the Quran: ARABIC_19__ "Say, if you love Allah, then follow me."
Reference: (Surah Al-Imran: 31)
This verse uses the same word for love, yet following the Prophet (peace be upon him) is obligatory. Similarly, the mentioned hadith should be understood. The main point is that just as there is a condition, there is a command for reward. Since love for Allah is obligatory, following the Prophet (peace be upon him) is also obligatory. Likewise, since Aqiqah is obligatory as explained, two goats (both horned) are necessary for a boy and one for a girl, meaning it should not be less. However, if the hadith had said that whoever loves to perform Aqiqah should do so, then it could have been a proof for recommendation, but it is not. Moreover, the word ‘love’ here implies sincerity, so in this case, it means whoever sincerely performs Aqiqah should do two goats for a boy and one for a girl, and obviously sincerity is necessary; therefore, Aqiqah itself is obligatory.
Reference: Fatawa Ahl-e-Hadith, vol. 2, pp. 549, 548.
