Question:

 

Is it Sunnah to perform Aqiqah? Did Imam Abu Hanifa رحمۃ اللہ علیہ consider Aqiqah Makruh, as Maulvi Ghulam Rasool Saeedi Barelvi has explained in Sharh Sahih Muslim, Volume 1, pages 43 to 45, Fareed Book Stall Lahore? Can Aqiqah be performed by taking a share in a camel or cow? In our area, the Hanafi scholars give the fatwa that, just like Qurbani, seven, five, four, etc. shares can also be taken in a camel or cow for Aqiqah. Please explain in the light of the Qur’an and Sunnah.

Answer: 

 

Performing Aqiqah is Sunnah. The Messenger of Allah صلی اللہ علیہ وسلم said: 

 

“مَنْ أَحَبَّ أَنْ يَنْسُكَ عَنْ وَلَدِهِ ، فَلْيَنْسُكْ عَنْهُ ، عَنِ الْغُلامِ شَاتَانِ مُكَافَأَتَانِ ، وَعَنِ الْجَارِيَةِ شَاةٌ ” 

 

Whoever wishes to offer a sacrifice (Aqiqah) on behalf of his children should do so. For a boy, two equal goats, and for a girl, one goat. (Sunan al-Nasa’i 7/163, Hadith 4217; its chain is Hasan. Musnad Ahmad 2/182, Hadith 6713; its chain is Hasan, and al-Hakim declared it Sahih: 4/238, Hadith 7692; Dawafaqahu al-Zhahabi ) 

 

The words “wishes” in this Hadith indicate that performing Aqiqah is not obligatory but rather a Sunnah Mu’akkadah. See Al-Tamhid by Hafiz Ibn Abd al-Barr (4/311). 

 

Also see Muwatta Imam Malik bi Tahqiqi (Riwayat Abd al-Rahman ibn al-Qasim: 158).

Hafiz Ibn al-Qayyim al-Jawziyyah رحمۃ اللہ علیہ says:

 

“فأمّا أهل الحديث قاطبةً، وفقهاؤهم، وجمهور أهل السّنة، فقالوا: هي من سنّة رسول الله صلّى الله عليه وسلّم ” 

“All the scholars of Hadith, their jurists, and the majority of Ahl al-Sunnah say that Aqiqah is a Sunnah of the Messenger of Allah صلی اللہ علیہ وسلم.”

(Tuhfat al-Mawdud bi Ahkam al-Mawlod, p. 28, Chapter Three: Evidence for Its Recommendation)

 

Imam Malik رحمۃ اللہ علیہ said: “Aqiqah is not obligatory, but acting upon it is recommended, and this is what the people among us (in Madinah) have continued to practice.”

(Al-Muwatta, Riwayat Yahya, 2/502, Hadith 1109)

Ibrahim ibn Harith ibn Khalid al-Taymi رحمۃ اللہ علیہ considered Aqiqah to be recommended, even if only a bird were slaughtered. (Al-Muwatta, Riwayat Yahya ibn Yahya, 2/501, Hadith 1107; its chain is Sahih.) 

It is narrated from Abdullah ibn Ubaydullah ibn Abi Mulaykah رحمۃ اللہ علیہ that when a son was born to (Sayyiduna) Abd al-Rahman ibn Abi Bakr رضی اللہ تعالیٰ عنہ, (his sister) Aishah رضی اللہ تعالیٰ عنہا was told: “O Umm al-Mu’minin رضی اللہ تعالیٰ عنہا! Slaughter a camel on his behalf.” She said: “Allah forbid! Rather, (they should slaughter) what the Messenger of Allah صلی اللہ علیہ وسلم said: two equal, mature goats.” (Al-Sunan al-Kubra lil-Bayhaqi, 9/301; its chain is Sahih.) 

  1. Muhammad ibn Hasan al-Shaybani narrated from Qadi Abu Yusuf, who narrated from (Imam) Abu Hanifah رحمۃ اللہ علیہ, that: 

 

“ولا يعق عن الغلام ولا عن الجارية”

Neither should Aqiqah be performed on behalf of a boy nor on behalf of a girl. (Al-Jami’ al-Saghir, p. 534)

This chain is not authentic; therefore, this statement is not proven from Imam Abu Hanifah رحمۃ اللہ علیہ. Despite this, Mulla al-Kasani supported this view in Bada’i al-Sana’i (5/69), and it is written in Fatawa Alamgiri (5/362) that this indicates its being Makruh (disliked)

Also see Al-Muwatta al-Mansub ila Muhammad ibn al-Hasan al-Shaybani, pp. 88–89. 

Ghulam Rasool Saeedi Barelvi writes: “The virtue and recommendation of Aqiqah have been stated in authentic Hadiths, but apparently these Hadiths did not reach Imam Abu Hanifah رحمۃ اللہ علیہ and his two companions, because they prohibited performing Aqiqah.” (Sharh Sahih Muslim, vol. 1, p. 43) 

Saeedi Sahib further writes: “If a person has not risen above the lowliness of mere blind following, then he should forbid performing Aqiqah, or at least say that Aqiqah is permissible and is not a rewarding act. He should not shape the statement of Imam-e-Azam according to his own wishes and say that, according to Imam-e-Azam, Aqiqah is Sunnah, but not Sunnah Mu’akkadah or Sunnah Thabitah. And if he has entered the field of research, then he should say that Aqiqah is Sunnah and recommended, because it is established through authentic Hadiths and the entire Ummah has accepted these Hadiths. These Hadiths did not reach Imam-e-Azam; otherwise, he would not have considered Aqiqah Makruh, because in that era the means and resources of publication and dissemination were not as readily available as they are today. Here, acting upon a Hadith contrary to the statement of the Imam is not against Taqlid.” (Sharh Sahih Muslim, vol. 1, p. 45) 

  1. Only a goat, he-goat, or ram is established for Aqiqah. The statement of Ibrahim ibn al-Harith al-Taymi is to be understood as an exaggeration, and the correct view is that slaughtering a cow, camel, etc., for Aqiqah is not established. As is proven by the statement of Sayyidah Aishah رضی اللہ تعالیٰ عنہا, “Ma‘adh Allah.” Therefore, the practice of those who make seven, five, four, or other shares in a camel or cow for Aqiqah, as is done for sacrifice, is incorrect and, due to being contrary to the Sunnah, is rejected. (19 June 2008)

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