| Moosaa | -- 01-09-2003 @ 6:23 PM |
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1) In general, the jazaazah is not waajib upon children until they reach puberty. This is known by the Prophet's action (sallallaahu 'alayhe wa sallam), that he did not pray over his own son Ibraaheem who died at about 18 months. 2) However, the janaazah is legislated (although not waajib) for children, so long as there is "istihlaal" ie. a cry, scream, or other sign of life at the time of delivery. This is understood from the hadeeth: "The child is not prayed over, nor does he inherit, nor is he inherited from, unless he makes 'istihlaal'" Saheeh Sunan At-Tirmithee #1032 And as for the other hadeeth of Aboo Daawood, that is also authentic (#3180): "The "siqt" - premature child (that has died) - is to be prayed over, and supplications are to be made for its parents for forgiveness and mercy." We allow this hadeeth to be understood in light of the first one, that it refers to the siqt (child who has been delivered prematurely) that made istihlaal. Otherwise, a stillborn that showed no sign of life at birth is not to be prayed over based on the first hadeeth. Some of the scholars, like Imaam Ahmad and Sa'eed ibn Musayyib and others, said that the stillborn is to be prayed over even without istihlaal. [Al-Mughnee 3/458] However, the correct position, the position of Maalik, Awzaa'ee, Ibraaheem An-Nakha'ee, Al-Hasan Al-Basree, and Ash-Ashaafi'ee in one narration, is that which Shaykh Baazmool mentioned, and that which has been explained here in detail. And it is that which combines the narrations without leaving one or the other. And Allaah knows best. Moosaa Richardson ******************** سبحانك اللهم وبحمدك أشهد أن لا إله إلا أنت أستغفرك وأتوب إليك
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