Gifts on the Day of Birth, Sunnah Aqiqah for the children

Praise be to Allah, the Rabb of all gifts and favors. Salawat and greetings to our Prophet Muhammad, his family and friends and everyone who follows them well until the day of retribution.
The discussion this time is a continuation of the gift article on birthdays. Currently we will enter into the discussion of aqiqah. For this first series of aqiqah, we discuss the law of aqiqah and who is required to carry out aqiqah. Hope it is useful.
 
Understanding Aqiqah
Regarding the meaning of aqiqah, it is mentioned in the books of the scholars - for example in the book of fiqh Syafi'iyah -, namely aqiqah comes from the word (عَقَّ يعِق). In language, aqiqah is the term for the hair that is on the baby's head when he is born. Meanwhile, in term, aqiqah means something that is slaughtered when the baby's head shaves. Aqiqah is named with a cause because slaughtering it means (يعَق), namely cutting, while the baby's head is shaved at that time.
Aqiqah's authorization
Aqiqah is a practice that is practiced by most scholars such as Ibn 'Abbas, Ibn' Umar, 'Aisyah, the tabi'in fuqoha, and scholars in various countries. The propositions of aqiqah are as follows.
First: Hadith Salman bin 'Amir.
عن سلمان بن عامر الضبى قال قال رسول الله -صلى الله عليه وسلم- «مع الغلام عقيقته فأهريقوا عنه دما وأميطوا عنه الأذى»
"From Salman bin 'Amir Adh Dhabbi, he said, the Messenger of Allah -peace and prayer of Allah be upon him- said," To (every) boy (who is born) must be diaqiqahi, then slaughter (aqiqah) for him and remove the distraction from him. " (HR. Bukhari no. 5472)
Second: Hadith Samuroh bin Jundub.
عن سمرة بن جندب أن رسول الله -صلى الله عليه وسلم- قال «كل غلام رهينة بعقيقته تذبح عنه يوم سابعه ويحلق ويسمى»
From Samuroh bin Jundub, the Messenger of Allah -peace and prayer of Allah be upon him- said, "Every child is mortgaged with his aqiqah, is slaughtered for him on the seventh day, has his hair shaved and given a name." (Narrated by Abu Daud no.2838, An Nasai no.4220, Ibn Majah nil. 3165, Ahmad 5/12. Shaykh Al Albani said that this hadith is authentic)
Third: Hadith –Ummul Mukminin- 'Aisyah radhiyallahu' anha.
عن يوسف بن ماهك أنهم دخلوا على حفصة بنت عبد الرحمن فسألوها عن العقيقة فأخبرتهم أن عائشة أخبرتها أن رسول الله -صلى الله عليه وسلم- أمرهم عن الغلام شاتان مكافئتان وعن الجارية شاة. قال وفى الباب عن على وأم كرز وبريدة وسمرة وأبى هريرة وعبد الله بن عمرو وأنس وسلمان بن عامر وابن عباس. قَالَ أَبُو عِيسَى حَدِيثُ عَائِشَةَ حَدِيثٌ حَسَنٌ صَحِيحٌ. وَحَفْصَةُ هِىَ بِنْتُ عَبْدِ الرَّحْمَنِ بْنِ أَبِى بَكْرٍ الصِّدِّيقِ.
From Yusuf bin Mahak, they once entered to meet Hafshah bint 'Abdirrahman. They asked him about the law of aqiqah. Hafshah reported that 'Ayesha had told him, that the Messenger of Allah -peace and prayer of Allah be upon him- ordered his companions to slaughter two goats who were almost the same age.) for boys and one tail for girls. "
He said, "In this chapter there are similar hadiths from Ali and ummu Kurz, Buraidah, Samurah, Abu Hurairah, Abdullah bin Amru, Anas, Salman bin Amir and Ibn Abbas." Abu Isa said, "The hadith of 'Aisyah is hasan sahih, while the meaning of Hafshah in the hadith is (Hafshah) bint' Abdurrahman bin Abu Bakr Ash Siddiq." (HR. Tirmidhi no. 1513. Shaykh Al Albani said that this history is authentic)
Fourth: Hadith Ibn 'Abbas.
عَنِ ابْنِ عَبَّاسٍ أَنَّ رَسُولَ اللَّهِ -صلى الله عليه وسلم- عَقَّ عَنِ الْحَسَنِ وَالْحُسَيْبْ كَبْشًا عَا.
From Ibn 'Abbas, he said, "The Messenger of Allah -peace and prayer of Allah be upon him- once beat Al Hasan and Al Husain, one gibas (ram) each." (Narrated by Abu Daud no. 2841. Shaykh Al Albani said that this hadith is authentic)
Aqiqah Law
After we look at the hadiths about the aqiqah syariah, then what is the law of aqiqah itself? Mandatory or sunnah?
Regarding this issue, the scholars have disagreements.
Based on the hadith,
مَعَ الْغُلاَمِ عَقِيقَتُهُ فَأَهْرِيقُوا عَنْهُ دَمًا
"From Salman bin 'Amir Adh Dhabbi, he said, the Messenger of Allah -peace and prayer of Allah be upon him- said," To (every) son (who is born) must be diaqiqahi, then slaughter (aqiqah) for him "(Narrated by Bukhari no. 5472 ), also based on other hadiths, some scholars state that the law of aqiqah is obligatory such as the Zhohiriyah ulema (Daud, Ibn Hazm, et al), and Al Hasan Al Basri. Meanwhile, jumhur (majority) of scholars are of the opinion that the law of aqiqah is sunnah. Meanwhile, Imam Abu Hanifah argues that the law of aqiqah is neither mandatory nor sunnah. - So said by Asy Syaukani in Nailul Author--
Hadith from a number of scholars who state the law of aqiqah is sunnah adhering to the words of the Prophet sallallaahu 'alaihi wa sallam,
مَنْ أَحَبَّ أَنْ يَنْسُكَ عَنْ وَلَدِهِ فَلْيَفْعَلْ
"Whoever is happy to act on his child, then do it."This hadith shows that aqiqah is not obligatory because it says that it is permissible to choose. This argument is an indication that diverts the commands mentioned in the hadiths that command aqiqah to the sunnah commands.
Then what about the opinion of Imam Abu Hanifah and his followers who state that the law of aqiqah is neither mandatory nor sunnah?
Ibnul Mundzir - as quoted by Ibn Hajar in Al Fath - said, "The Hanafiyah cleric (ashabur ro'yi) who denied the sunnah of aqiqah has discredited the authentic hadiths on this matter. Some of them argue with the hadith narrated by Imam Malik in Al Muwatho 'from Zaid bin Aslam from a Bani Dhomroh from his father, he asked the Prophet sallallaahu' alaihi wa sallam about aqiqah. The answer of the Prophet sallallaahu 'alaihi wa sallam,
لَا أُحِبّ الْعُقُوق
"I don't like aqiqah", as if he -allahu 'alaihi wa sallam did not like the name aqiqah. Then he said,
مَنْ وُلِدَ لَهُ وَلَد فَأَحَبَّ أَنْ يَنْسَك عَنْهُ فَلْيَفْعَلْ
"Whoever is born a child for him, then he likes to be stabbed (diaqiqahi), then do it."
In the narration of Sa'id bin Manshur, from Sufyan, from Zaid bin Aslam from a Bani Dhomroh from his uncle, he said, “I heard Rasulullah sallallahu 'alaihi wa sallam was asked about aqiqah while he was on the pulpit at Arofah, then he mentioned something like that. " This hadith also has a support from the hadith of 'Amr bin Syu'aib from his father from his grandfather, issued by Abu Daud. These two hadiths are corroborated by one another. Abu 'Umr said, "I do not know this hadith marfu' (up to the Prophet sallallaahu 'alaihi wa sallam) except from these two narrations." Al Bazzar and Abusy Shaykh have also issued a hadith about aqiqah from Abu Sa'id, but this hadith is not evidence for those who claim that aqiqah is not recited. Even the end of the hadith clearly stipulates that aqiqah is declared. Whereas what is meant in the hadith is primarily to call aqiqah with nasikah or dzabihah, and it is forbidden to call it aqiqah. It has been quoted from Ibn Abid Dam from several friends regarding this kind of naming as it is not preferred to call Isha 'atamah. "
Conclusion: Aqiqah is something that is not prescribed as the opinion of the Hanafiyah scholars. The law ranges between obligatory and sunnah. Whereas we ourselves are more inclined to the opinion of the jumhur (majority) of scholars who state that the law of aqiqah is sunnah. However, it is only fitting for a capable person who is given more rizki by Allah Ta'ala not to leave this glorious syari'at.
Sayyid Sabiq –rahimahullah– has very good words. He said, "The law of aqiqah is the sunnah muakkad (the sunnah which is highly recommended), even though the father (who finances the aqiqah) is a person who is in a difficult situation. The Prophet sallallaahu 'alaihi wa sallam himself continued to do aqiqah, so did his friends. It has been narrated by the compilers of the Sunan book that the Prophet sallallaahu 'alaihi wa sallam once abused Al Hasan and Al Husain with one goat each. Meanwhile, the scholars who oblige aqiqah are Al Laits and Daud Azh Zhohiri. "
Sayyid Sabiq stated that even if the father is in a difficult situation, he should do aqiqah. What he said was in line with the words of Imam Ahmad -rahimahullah-. Imam Ahmad once said,
إذَا لَمْ يَكُنْ عِنْدَهُ مَا يَعُقُّ ، فَاسْتَقْرَضَ ، رَجَوْت أَنْ يُخْلِفَ اللَّهُ عَلَيْهُ ، حْنَاءَ سُ ، إََ
"If someone does not have the ability to do Aqiqah (baby), then let him seek debt. I hope he gets replaced by Allah because he means that he has lived up to the teachings of the Prophet sallallaahu 'alaihi wa sallam. "
Benefits of Aqiqah
In the hadith it is stated,
كُلُّ غُلاَمٍ رَهِينَةٌ بِعَقِيقَتِهِ
"Every child is mortgaged with his aqiqah."
The scholars disagree over the meaning of the above hadith. Imam Ahmad bin Hambal argues that if a child is not done Aqiqah, he will not give syafa'at to both parents.
Shaykh Muhammad bin Sholih Al Uthaimin has also explained the meaning of the above hadith. He –rahimahullah– said,
"Some scholars interpret" every child is mortgaged with his aqiqah "that aqiqah is the cause of the child being free from anxiety in the maslahat of religion and his world. His heart will be so spacious after he is done with Aqiqah. If a child is not exercised, his condition will always be restless like someone who owes money and pawns his belongings. This is a more accurate opinion about the meaning of the hadith. So, aqiqah is because a child will get benefit, his heart will be less restless and easier in his activities. "
Who is Required to Carry Out Aqiqah?
Aqiqah was sued by my father as the breadwinner. This Aqiqah is taken from the property of the father and not the property of the child. Apart from the father, he can bear the cost of aqiqah, but with his father's permission.
As mentioned in Subulus Salam, Ash Shon'ani –rahimahullah– said, “According to Imam Asy Shafi'i, aqiqah is required of everyone who bears the bread for the baby. Meanwhile, according to the ulama Hambali, aqiqah is required specifically from the father, unless the father dies or is prevented from fulfilling the aqiqah. "
In this matter, there is a dispute of opinion, who is required to carry out aqiqah. But of course the main thing is the father who bears this cost, especially since it is the father who is clearly the bearer of the family. So it is not right if aqiqah is imposed on a child or mother who is not the person responsible for making a living for the family. Allah knows best.
Then what about the aqiqah that was carried out by the Prophet sallallaahu 'alaihi wa sallam to his grandchildren - Al Hasan and Al Husain -?
Answered by one of the Syafi'iyah scholars, Asy Syarbini -rahimahullah-, "I answered that what is meant by the aqiqah of the Prophet sallallaahu 'alaihi wa sallam in both is his orders to his parents, or maybe he also gave the animal to be used. aqiqah, or perhaps again Al Hasan and Al Husain are borne by the Prophet sallallaahu 'alaihi wa sallam because both of their parents are underprivileged people. However, if the aqiqah is taken from the child's property, then it is not permissible for the guardian (parent) to do so. Because aqiqah is a free gift (tabarru ') from parents, so it is not permissible for aqiqah to be taken from the child's property. "
What If You Are Not Able To Aqiqah? Do you have to know yourself when you grow up?


Aqiqah of course looks at the capabilities of the person who is responsible for aqiqah. Because Allah Ta'ala said,
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ
"Fear Allah as best you can" (Surah At Taghobun: 16).
Asy Syarbini –rahimahullah– explained, “If a parent is unable to perform aqiqah at birth, but after that he finds it easier to carry out aqiqah before the seventh day of birth, then at that time he is sunk out to carry out aqiqah. If parents find it easy to carry out aqiqah after the seventh day and there is still a little time left for the wife to go through childbirth, then some ulama later do not order it to be carried out aqiqah. However, the scholars of Syafi'iyah recommend the implementation of aqiqah if it is still in the puerperium, this is the opinion confirmed by Al Anwar. "
Then what if the baby is actually able to be diaqiqahi at birth, but until adulthood, he is not also diaqiqahi?
According to the Syafi'iyah cleric, a parent who is able to taqiqahi, he is still encouraged to taqiqahi his child even though the child is an adult. If he reaches adulthood, the child has not yet been qiqihqah, then he is allowed to qiqiqahi himself. Whereas some people who claim that the Prophet sallallaahu 'alaihi wa sallam once abused himself after being appointed as a Prophet, in Al Majmu' is called a false opinion.
As it is also said in one of the books of the Shafi'iyah scholar, Kifayatul Akhyar, "The history which states that the Prophet sallallaahu 'alaihi wa sallam abided himself after being appointed as a prophet is a dho'if (weak) narrative in every way."
Good opinionabout this problem was explained by Shaykh Muhammad bin Sholih Al Uthaimin. There was a question that was once asked to him –rahimahullah-, “If someone is not he qiqah when he is a child, is he still recommended to be diaqiqahi when he grows up? What are the limitations that aqiqah is still allowed to do? "
He –rahimahullah– gave answers - among them-,
"If his parents were incapable at the time when the aqiqah was recommended, then he would not have any obligation, even though maybe after that his parents became rich. As if someone is poor at the time of zakat collection, then he is not obliged to pay zakat, even though after that his condition is quite sufficient. So if the condition of his parents is not able to do aqiqah, then the aqiqah will fail because he does not have the ability.
Meanwhile, if the parents are able to carry out aqiqah when he is born, but he delays the aqiqah until the child grows up, then at that time the child will still be diaqiqah even though he is an adult. "
The bottom line, for this matter back to the ability of the father when the baby was born. If his father on the day of birth is a person who is unable to carry out aqiqah, then his aqiqah will fall, including when he grows up. Meanwhile, if the father is someone who is capable at that time, then even until adulthood the child is required to be diaqiqahi. As for the child to taqiqah himself as an adult, then this is an opinion that needs to be criticized. Because Imam Asy Shafi'i himself stated that the Prophet sallallaahu 'alaihi wa sallam did not taqiqah himself (when he was an adult) as mentioned in one of the books of the Shafi'iyah fiqh Kifayatul Akhyar. Allah knows best.
The discussion of aqiqah does not end here, we are still continuing several other things related to the implementation of aqiqah. May Allah make it easy.