that he said: "The child is not prayed over, nor does he inherit, nor is he inherited from, until he cries out." Narrated by al-Tirmidhi(4). Also, because the ruling of life has not been established for him, and he does not inherit nor is he inherited from, he is not prayed over, just like one who is less than four months old. Our view is based on what al-Mughirah narrated, that the Prophet (peace and blessings of Allah be upon him) said: "The miscarried fetus is prayed over." Narrated by Abu Dawud and al-Tirmidhi(5). In the wording of al-Tirmidhi's narration: "And the child is prayed over." He said: This is a sound (hasan sahih) hadith. Ahmad mentioned it and used it as proof, as well as the hadith of Abu Bakr al-Siddiq (may Allah be pleased with him), who said: "No one is more deserving of being prayed over than the child."(6) And because he is a soul into which the spirit has been breathed, so he is prayed over like one who cries out, for the Prophet (peace and blessings of Allah be upon him) informed us, in his truthful and verified hadith, that the spirit is breathed into him at four months(7). As for their hadith, al-Tirmidhi said: People have been inconsistent regarding it; some narrated it as a mawquf (attributed to a Companion). Al-Tirmidhi said: This seems more correct than the marfu' (attributed to the Prophet). As for inheritance, it is because his life is not known at the time of the death of the one from whom he inherits(8), and that is a condition(9) of inheritance. As for the prayer, one of its conditions is that it encounters someone who possessed life, and that has been known through the hadith we mentioned. Moreover, the prayer over him is an invocation for him and his parents and is a good deed, so there is no need in it for the precaution and certainty required for the existence of life, unlike inheritance. As for one who has not reached four months, he is not washed, nor is the prayer performed over him; rather, he is wrapped in a cloth and buried. We know of no disagreement regarding this, except from Ibn Sirin, who said: The prayer is performed over him if it is known that the spirit has been breathed into him. However, the hadith of the Truthful and Verified (Prophet) indicates that the spirit is not breathed into him until after four months, and before that he is not a soul, so he is not prayed over, similar to inanimate objects and blood.

376 - Issue: He said: "If it is not distinguished whether it is a male or a female, it should be given a name that is suitable for both male and female."

This is by way of recommendation, because it is narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Name your miscarried fetuses, for they are your forerunners (aslafukum)." Narrated by Ibn al-Sammak with his chain of narration(1). It is said: They are named so that they may be called by their names on the Day of Resurrection. If it is not known whether the fetus is male or female, it is given a name that is suitable for both, such as Salamah, Qatadah, Sa'adah, Hind, 'Anbasah(2), Hibat Allah, and the like.

377 - Issue: He said: "And the wife washes her husband."

Ibn al-Mundhir said: The scholars are in consensus that a wife washes her husband if he dies. 'Aishah said: "If we had known then what we know now, none would have washed the Messenger of Allah (peace and blessings of Allah be upon him) except..."