Miscarriage and Foetus
Rulings on miscarried foetus
Praise be to Allaah.Firstly:
You should note that patience in acceptance the divine will and decree is one of the attitudes of the righteous, and acceptance of Allaah’s decree is one of the characteristics of those who are close to Him. The best way in which a person can respond to calamity is to say, “Al-hamdu Lillaah, innaa Lillaahi wa innaa ilayhi raaji’oon (Praise be to Allaah, verily we belong to Allaah and unto Him is our return).”
The best that we can tell you is that which was narrated from Abu Moosa al-Ash’ari (may Allaah be pleased with him), that the Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“When the child of a person dies, Allaah says to His angels: ‘You have taken the soul of the child of My slave?’
They say: ‘Yes.’
He says: ‘You have taken the apple of his eye?’
They say: ‘Yes.’
He says: ‘What did My slave say?’
They say: ‘He praised You and said innaa Lillaahi wa innaa ilayhi raaji’oon.’
And Allaah says: ‘Build for My slave a house in Paradise, and call it the house of praise.’”
Narrated by al-Tirmidhi, 1021; classed as hasan by al-Albaani in Saheeh al-Tirmidhi.
Al-Nawawi (may Allaah have mercy on him) said:
The death of one of one's children is a screen against the Fire, and the same applies to miscarriage, and Allaah knows best.
Al-Majmoo’, 5/287; see also Haashiyat Ibn ‘Aabideen, 2/228
It was narrated from Mu’aadh ibn Jabal that the Prophet (peace and blessings of Allaah be upon him) said:
“By the One in Whose hand is my soul, the miscarried foetus will drag his mother by his umbilical cord to Paradise, if she (was patient and) sought reward (for her loss).” Narrated by Ibn Maajah, 1609; classed as da’eef by al-Nawawi in al-Khulaasah (2/1066) and al-Boosayri, but classed as saheeh by al-Albaani in Saheeh Ibn Maajah.
Secondly:
The scholars are unanimously agreed that if the child is known to have lived and he made a sound, then he should be washed and shrouded and the funeral prayer offered for him.
Consensus on this point was narrated by Ibn al-Mundhir, Ibn Qudaamah in al-Mughni (2/328) and al-Kaasaani in Bidaa’i’ al-Sanaa’i’, 1/302.
Al-Nawawi said in al-Majmoo’ (5/210): He should be shrouded like an adult, with three pieces of cloth.
But if the child did not make a sound, then what matters in this case is whether the soul had been breathed into the foetus or not, which happens after four months of pregnancy. If the soul has been breathed into him then he should be washed and shrouded, and the funeral prayer should be offered for him, but if the soul has not been breathed into him, then he should not be washed and the funeral prayer should not be offered for him.
See: al-Mughni, 2/328; al-Insaaf, 2/504.
Thirdly:
With regard to offering ‘aqeeqah for a miscarried foetus if he had reached the age of four months gestation, the scholars differed as to whether this is prescribed in Islam. The scholars of the Standing Committee for Issuing Fatwas, and Shaykh Ibn ‘Uthaymeen, favoured the view that it is prescribed and is mustahabb. They are also of the view that the child should be given a name.
Fourthly:
The one who is commanded to do the ‘aqeeqah is the one who is obliged to spend on the child, namely the father if he is present; if he refuses to do that then there is nothing wrong with someone else doing it, such as the mother.
It says in al-Mawsoo’ah al-Fiqhiyyah (30/279):
The Shaafa’is are of the view that the ‘aqeeqah is required from the one who is obliged to spend on the child, and he should pay for it from his own wealth, not the child’s wealth. No one who is not obliged to spend on the child should do it, except with permission from the one who is obliged to spend on him.
The Hanbalis stated that no one should do the ‘aqeeqah except the father, unless he cannot do it because he is deceased or he is refusing to do it. If someone other than the father does it, that is not makrooh, but it is not an ‘aqeeqah. The only reason why the Prophet (peace and blessings of Allaah be upon him) did the ‘aqeeqah for al-Hasan and al-Husayn was because he is closer to the believers than their own selves. End quote.
If the father is alive and can afford it, then he is advised to offer the ‘aqeeqah on behalf of the child. If he refuses or he gives the mother permission to do the ‘aqeeqah, then that is Islamically acceptable.
Conclusion: what your husband did, washing and shrouding her and offering the funeral prayer for her is correct and is prescribed in Islam, but you still have to give her a name and offer the ‘aqeeqah on her behalf.
When should we offer the funeral prayer for the miscarried foetus?
If the foetus comes out alive and its cry is heard, then it dies, it should be washed and the funeral prayer offered for it; there is no scholarly dispute concerning this. It says in al-Mughni: “The scholars are unanimously agreed that if it is known to have lived and its cry has been heard, the prayer should be offered for it. But if its cry is not heard, Imaam Ahmad (may Allaah have mercy on him) said: “If it has completed four months [gestation], then it should be washed and the funeral prayer offered. This is the view of Sa’eed ibn al-Musayyib, Ibn Seereen and Ishaaq. Ibn ‘Umar offered the funeral prayer for the son of his daughter who was born dead.” (al-Mughni, 2/328)
It says in Masaa’il al-Imaam Ahmad, which (contains reports that) were narrated by his son ‘Abd-Allaah: “I heard my father being asked about the newborn, when should the funeral prayer be offered for him? He said: if he was miscarried after four months [gestation], the funeral prayer should be offered for him. He was asked, should the funeral prayer be offered for him even if his cry was not heard? He said, Yes.” (Masaa’il al-Imaam Ahmad allati rawaahaa ibnuhu ‘Abd-Allaah, 2/482, mas’alah no. 673)
The author of al-Mughni explained the reason why the funeral prayer may be offered for one concerning whom there is doubt that he lived at all, “The prayer offered for him is a kind of du’aa’ for him and his parents … so there is no need to be certain and sure that he lived at all, unlike matters of inheritance.” (al-Mughni, 2/328)
Undoubtedly this is a good understanding, because inheritance has to do with the rights of others, whereas a prayer has to do with the relationship between a person and his Lord.
With regard to a foetus of less than four months gestation, it should not be washed and the funeral prayer should not be offered for it, but it should be wrapped in a cloth and buried. That is because the soul is not breathed into it until after four moths of gestation; before that it is not a soul so the funeral prayer cannot be offered over it; it is like inanimate objects or blood.
The evidence for that is the words of the Prophet (peace and blessings of Allaah be upon him): “The miscarried foetus should be prayed over (the funeral prayer), and supplication for forgiveness and mercy for his parents should be offered.” (Narrated by Abu Dawood; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 3525).
In the case of a miscarried foetus whose sex cannot be determined, it should be given a name which is suitable for both males and females, such as Salamah, Qutaadah, Sa’aadah, Hind, ‘Utbah or Hibbat-Allaah.
From Ahkaam al-Jineen fi’l-Fiqh al-Islami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim
The foetus died in the fourth month; should he be named and the ‘aqeeqah be done for him, and should he be washed and shrouded?
Praise be to Allaah.Firstly:
There is a difference of opinion among the scholars regarding a miscarriage that happens after four months. That which is stated in the fatwas of our shaykhs is that the foetus should be named, washed and shrouded, and the funeral prayer offered for him, and he should be buried with the Muslims, and the ‘aqeeqah should be done for him.
The scholars of the Standing Committee were asked:
Please advise me concerning my wife; before she died she miscarried a foetus, at four months of pregnancy. She took him and buried him without offering the funeral prayer. Please advise me as to whether I should have done anything.
They replied:
He should have been washed and shrouded, and the funeral prayer offered for him, according to the correct scholarly opinion, so long as the age of four months had been reached, because of the general meaning of the report narrated by Abu Dawood and al-Tirmidhi from al-Mugheerah ibn Shu’bah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “The funeral prayer should be offered for the miscarried foetus.” But this was not done, and you do not have to do anything now.
Fataawa al-Lajnah al-Daa’imah, 8/406.
And they said:
If the age of four months has not been reached, then the funeral prayer should not be offered, and he should not be named or the ‘aqeeqah offered, because the soul had not been breathed into him.
Fataawa al-Lajnah al-Daa’imah, 8/408.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked:
If a foetus is miscarried before four months should the ‘aqeeqah be done for him or not?
He replied:
If the foetus is miscarried before four months of pregnancy, then no ‘aqeeqah should be done, and he should not be named or the funeral prayer offered for him, and he may be buried anywhere.
But after four months the soul has been breathed into him, so he should be named and shrouded and the funeral prayer should be offered for him, and he should be buried with the Muslims, and the ‘aqeeqah should be done for him in our view. Some of the scholars said that the ‘aqeeqah should not be done unless he lived for seven days, but the correct view is that the ‘aqeeqah should be offered for him because he will be resurrected on the Day of Resurrection, and he will intercede for his parents.
As’ilat al-Baab il-Maftooh, Q. 653.
Secondly:
The blood which comes out when the foetus is miscarried at this stage is nifaas, so the woman should not pray or fast, and it is haraam for her husband to have intercourse with her. This blood is regarded as nifaas if the woman miscarries a foetus in which human features can be seen.
Shaykh Ibn ‘Uthaymeen said:
The scholars said: If the foetus comes out and human features can be seen in it, then the blood that comes after that is nifaas, so she should stop praying and fasting, and her husband should avoid intercourse with her until she becomes pure. If the embryo comes out unformed, then the bleeding is not regarded as nifaas, rather it is irregular bleeding which does not prevent her from praying, fasting etc.
The scholars said: The minimum period after which features appears is eighty-one days.
Fataawa al-Mar’ah al-Muslimah, 1/304, 305
Reward for patience when miscarrying a foetus who had a soul
We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:
Yes, they are included, but they are not like children who have been born and to whom one has developed an attachment.
Question: but will a person get the same reward?
Answer: yes, we hope so.
And Allaah knows best.
Does a woman who miscarries and discharges blood pray
1. In the latter case, she is considered to be mustahada so she performs wudu' for every salaat when the time for it is due and she prays. Whereas if the aborted object is a fetus or has human-formed organs like an arm or a leg or a head, then it is considered nifas. For the case where the aborted object is disposed of in the hospital before the woman saw it, the scholars have mentioned that the least amount of time human form starts to take place is eighty one days after pregnancy.
2. This is based on what came in Abdullah Bin Masoud's hadith (may Allah be pleased with him), in which he said the Prophet (peace be upon him) spoke to us, and he is the truthful and believed one, and said: "Each one of you, human creation, forms in his mother's womb forty days, then he is a hanging clot for the same amount of time, then he is a mudgha (the size of a morsel) for the same amount of time, then Allah sends an Angel who is commanded with four things: he is told to write his deeds, his livelihood and sustenance, whether he is happy or distressed …"
3. Ladies in this case should spend the effort to find out from the doctors' estimations until her situation is clear to her.
As for the blood that is discharged just prior to a normal delivery, if it is accompanied with the pains of contraction then it is nifas, and if not, then it is not. Sheikh ul-Islam Ibn Taimiyya, may the mercy of Allah be upon him, said: "What she sees when the contractions commence is nifas. What is referred to here is contractions after which follows delivery; otherwise it is not nifas."4
From the book What Should You Do in the Following Situations... ?
1 al-Mughni ma' al-Sharh il-Kabeer 1/361
2 Majmooa Fatawi ibn Uthaimeen 4/292 Dar al-Qutni printing.
3 Sahih al-Buhari 6/303, Dar al-Fikr printing
4 Majmooa Fatawi Ibn Uthaimeen 4/327, Dar al-Fikr printing.
Sheikh Muhammed Salih Al-Munajjid
If a woman miscarries after two months of pregnancy, is her bleeding regarded as nifaas?
Praise be to Allaah.The correct scholarly view is that if a woman miscarries a foetus that was fully formed, then she should stop praying and fasting because this is nifaas. If it was not fully formed then her blood is irregular bleeding and she should not stop praying and fasting. The minimum time in which the foetus becomes fully formed is eighty-one days (from conception).
The scholars of the Standing Committee said:
If the foetus was fully formed, in the sense that its limbs (hands and feet) and head had appeared, it is haraam to have intercourse with the woman so long as she is still bleeding, for up to forty days. It is permissible to have intercourse with her at times when the bleeding stops within forty days, after she does ghusl. But if the limbs had not yet appeared in the embryo, then it is permissible to have intercourse with her even if that is immediately after the miscarriage, because that is not regarded as nifaas, rather it is irregular bleeding and she can pray and fast in that case.
Fataawa al-Lajnah al-Daa’imah, 5/422, 423.
Shaykh ‘Abd al-‘Azeez ibn Baaz said:
If a woman miscarries something in which human features such as a head, arm or leg etc can be distinguished, then the rulings of nifaas apply and she should not pray or fast, and it is not permissible for her husband to have intercourse with her until she becomes pure or until forty days have passed. If she becomes pure before forty days have passed, then she has to do ghusl and pray and fast in Ramadaan, and it is permissible for her husband to have intercourse with her.
But if no human features can be distinguished in what is passed by the woman, and it looks like flesh with no distinguishable features, or it is blood, then she comes under the ruling of one who is suffering from istihaadah (non-menstrual vaginal bleeding), not the rulings on nifaas or menstruation. So she has to pray and fast in Ramadaan, and she is permissible for her husband… because this comes under the rulings on istihaadah according to the scholars.
Fataawa Islamiyyah, 1/243.
Shaykh Ibn ‘Uthaymeen said:
The scholars said: If what is passed has clear human features, then her bleeding after that is regarded as nifaas, so she should stop praying and fasting, and her husband should avoid her until she becomes pure. If what comes out is unformed, then it is not regarded as the blood of nifaas, rather it is irregular bleeding which does not prevent her from praying or fasting, etc.
The scholars said: The earliest time at which distinguishable features may appear is eighty-one days.
Fataawa al-Mar’ah al-Muslimah, 1/304, 305.