The sacrifice for a newborn (aqiqa): its ruling, age, animals and manner

العَقِيقَة

In the lexicon, aqiqa is the hair a child is born with, and it names the animal sacrificed for a newborn; as a term it is what is slaughtered for a newborn in thanks to God ¹. It differs from the festival sacrifice in its time and place: it is slaughtered when the child is born, at any time of the year, whereas the sacrifice is made on the days of sacrifice ¹ ². The Shafi'is and Hanbalis hold it a confirmed sunna and the Malikis recommended; the Hanafis allow it as a voluntary act in thanks ². The Shafi'is ask it from a father who can afford it, and the majority hold it for a girl as well as a boy ². The Hanafis and Malikis fix the time at the seventh day, while the Shafi'is and Hanbalis count from the child's complete birth; the Shafi'is and Hanbalis require livestock, two sheep for a boy and one for a girl, while the Hanafis and Malikis give one for each ³ ⁴ ⁵. It is recommended to cook it without breaking its bones, eat from it, give it as gifts and charity, and to pronounce the reported formula at slaughter ⁵.

Summary

In the lexicon, aqiqa is the hair a child is born with, and it names the animal sacrificed for a newborn; as a term it is what is slaughtered for a newborn in thanks to God ¹.

Its difference from the festival sacrifice

The aqiqa is slaughtered when the child is born, at any time, while the festival sacrifice is made on the days of sacrifice ¹ ².

Its ruling

The Shafi'is and Hanbalis hold it a confirmed sunna, the Malikis recommended, and the Hanafis allow it as a voluntary act in thanks ².

Who owes it and a girl child

The majority hold it for a girl as well as a boy; the Shafi'is ask it from a father who can afford it ² ³.

Its time

The Hanafis and Malikis fix it on the seventh day; the Shafi'is and Hanbalis count from the child's complete birth ³ ⁴.

The animals

The Shafi'is and Hanbalis require livestock, two sheep for a boy and one for a girl; the Hanafis and Malikis give one for each ⁴ ⁵.

Cooking and eating

It is recommended to cook it without breaking its bones, to eat from it, to give it as gifts and in charity ⁵.

Where to look further

The naming of the child, the shaving of its head and its circumcision are treated under their own headings ⁵.

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11783

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11784

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11785

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11786

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11787

Childhood (sighar: its stages, the rights and duties of the minor, guardianship, the minor in worship and contracts, marriage, testimony and penalties)

In language sighar is smallness of size or age; as a term it is a state that attaches to a person from birth until puberty. It has two stages, before discernment and discernment, and discernment has no fixed age. Capacity to have rights and duties belongs to the child and the adult alike; capacity to act depends on discernment. The rights of a newborn include a call to prayer in the right ear and the iqama in the left, tahnik, naming, the 'aqiqa (recommended by most), and circumcision (obligatory for the Shafi'is and Hanbalis, a sunna for the Hanafis and Malikis). Damages, support, tithe, zakat and other dues attach to the minor's estate, and the guardian pays from it. Guardianship covers the person and property; the guardian may only act for the minor's good, and the rich may not eat from an orphan's property. A child is ordered to pray at seven and beaten for it at ten, and is not bound to pray, fast or make the pilgrimage; his oaths and vows do not bind. His property is not handed over until he is of sound judgment, and the schools differ on restriction, licence to trade, bequests, marriage, divorce, waiting periods, testimony, and retaliation.