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..."
(4) In: Chapter on what has been narrated regarding not performing the prayer over the fetus until it cries out, from the Chapters on Funerals. Aridat al-Ahwadhi 4/249. It was also recorded by al-Darimi, in: Chapter on the inheritance of the child, from the Book of Inheritance. Sunan al-Darimi 2/393. (5) Recorded by Abu Dawud, in: Chapter on walking in front of the funeral, from the Book of Funerals. Sunan Abi Dawud 2/183. And al-Tirmidhi, in: Chapter on what has been narrated regarding the prayer over children, from the Chapters on Funerals. Aridat al-Ahwadhi 4/248. It was also recorded with the wording of al-Tirmidhi by al-Nasa'i, in: Chapter on the place of the rider in the funeral, the Chapter on the place of the walker in the funeral, and the Chapter on the prayer over children, from the Book of Funerals. Al-Mujtaba 4/45, 46, 47. And Ibn Majah, in: Chapter on what has been narrated regarding the prayer over children, from the Book of Funerals. Sunan Ibn Majah 1/483. And Imam Ahmad, in: Al-Musnad 4/247, 252. It was recorded with the wording of Abu Dawud by Imam Ahmad, in: Al-Musnad 4/249. (6) Recorded by al-Bayhaqi, in: Chapter on the miscarried fetus being washed, shrouded, and prayed over if it cries out or its life is known, from the Book of Funerals. Al-Sunan al-Kubra 4/9. (7) The hadith was recorded by al-Bukhari, in: Chapter on the mention of the angels, from the Book of the Beginning of Creation, and in: Chapter on the saying of Allah the Exalted: "And when your Lord said to the angels: 'Indeed, I will make upon the earth a successive authority'", from the Book of the Prophets, and in: Chapter of what Abu al-Walid Hisham ibn 'Abd al-Malik narrated to us, from the Book of Decree, and in: Chapter "And Our word has already preceded for Our servants, the messengers", from the Book of Tawhid. Sahih al-Bukhari 4/135, 161, 8/152, 9/165. And Muslim, in: Chapter on the manner of the creation of the human in his mother's womb and the writing of his provision, his term, his deeds, his misery, and his happiness, from the Book of Decree. Sahih Muslim 4/2036. And Abu Dawud, in: Chapter on the Decree, from the Book of the Sunnah. Sunan Abi Dawud 2/530. And al-Tirmidhi, in: Chapter on what has been narrated that deeds are judged by their endings, from the Chapters on Decree. Aridat al-Ahwadhi 8/301. And Ibn Majah, in: Chapter on the Decree, from the Introduction. Sunan Ibn Majah 1/29. And Imam Ahmad, in: Al-Musnad 1/374, 375.
