What are the rights of a child who dies immediately after birth upon their parents, and does the duration of pregnancy (six, seven, or nine months) affect these rights, such as the 'Aqiqah and other rights of the deceased?
Scholars differ on the ruling regarding the Aqiqah for a child who is stillborn after the ensoulment, or who dies shortly after birth:
The Shafiis and Hanbalis hold the view that it is recommended to perform the Aqiqah for such a child, citing the Hadith: "Every child is mortgaged by his Aqiqah." They interpreted "mortgaged" as either referring to the child's righteous upbringing or his intercession for his parents on the Day of Resurrection. Conversely, the Malikis and Hanafis are of the opinion that no Aqiqah is required for such a child, as the Aqiqah is legislated only for the seventh day.
In this situation, it is more preferable to perform the Aqiqah for the child, even though its recommendation is less emphasized than for a child who lives until the seventh day.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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