Messenger g; said. "Name you'Sf/rn after my name bUI do nOI call
yourse/vt:3 by my kunyoh (i _e. ,';cknamc) .
As to call ing oneself by the Prophet's ~ Kanyah, the scholars
have diffe rent opinions:
Firs:: absolute reprehension, quoting the above-mentioned lfatiilf.,
and the ':Iadilh related by Al-Buld:tari and Muslim quoting Ab-J
Hurairah that Allflh 's Messenger.$ said , "Nome your5eIYes after
my name. bUI do nOI call y()u,selveJ by my Kunyah." AJ-Shafi'i has
adopted this stlmd
Second: absolute permission; quoting what Abu Dawiid related in
his SUllon that 'Aisha said, "A woman came to the Prophet o'j: and
said, '0 Allah's Messenger, I gave birth to a boy and called him
Muhammad and nicknamed him Abul·Qasim, but someone told
me that you dislike that,' The Prophet o'j: said, 'Wlw allowed
"",,,i"K afler my name, om/ prohibiled my kU/lyohr And Ibn Abu
Shaybah said, 'Muhammad Ibn Al Ash'ath, 'Aishah's nephew, was
nicknamed Abul-Qiisim'
Ibn Abi Khaythamah related th1't Az-Zuhari said, " I saw four
of the Companions' sons, all of whom were named M u~ammad,
and had AI-Qiisim as kunyalr; they are: M u~ammad Ibn Tal ~ah
Ibn 'Alxlul!iih, M u~ ammad Ibn Abu Bah, M u~ammad Ibn Ali
Ibn Abu ~iil ib and Mu~ammad Ibn Sa'd Ibn Abu Waqqiis.
lmiim Miilik was asked about naming of M u~ammad and giving
Abul- Qasim as a kunyolr. He said, "This is not prohibited and I
do not see any harm in doing that. The scholars who said that it
is allowed and that the I[odllll$ that prohibited it were abrogated.
Third: it is not allowed to combine both name and kunyaIJ, but it is
allowed to have either, Quoting what Abil Dawild related, Jiibir '*'
said that Allah's Messenger 3 said, "Whosoever is named afler
may name, is nOI 10 have my kunyah as his kunyaIJ and whosoever
has my kunyah OJ his kl.nyalJ, is nOI 10 be Iwmed by my name", And
Ibn Abu Shaybah related that Alliih's Messenger ~ said, " /)o /101
combine my name ami my nickname Or kunya"."
Fourth: prohibition of having the Prophet's nickname or kunyah is
~onfined to the Prophet's lifelime but it is allowed after his death.
Quoting what Abu Dawud related, M u~ammad Ibn AI-Hanafiyyah
said, Ali ~ said, "In case I get a boy born for me after you,
may t name him after your n~me, and give him you ku"yalrT' the
I'rophet o'j: said, "Y/'s," I}umaid Ibn Zangawayh said 10 his book
AI-Adab: "I asked Ibn AbC. Uwais about Mfilik'sopinion on a man
who combined the Prophet's name and kllnyah. he said that Malik
said, 'This was forbidden during the Pro phet's lifetime, lest
someone should be called by the Prophet's name and kllllyah and
the Prophet ~ may respond to the call, but after the death of the
Prophet tj: there is no harm in doing so.
The fourth opinion may be the preponderant one. $0, it is
pennissible to name someone after the Prophet's name and kunyah.
The ifadflhs Ihal forbid it are restricted to the Prophet·s lifetime
only for the purpose of evading confusion between the Prophet ~
and the peI"Son who is being called. But after the Prophet"s death,
the problem of confusion will not emerge. Again, the above
mentioned fladith narrated by Al.·Zuhriy that he saw four of the
the Prophet's companions' sons iJaving the Prophefs name and
kunyah proves that th is practice is permissible.
" ""====================================:o p.nQM
The Third Part
1bc 'A'Ii'luh and its Rules
I. What is the meaning of 'Aqfqa"?
'Al/illall litCT3!1y mcans cutting, and the statement "'aqqlJ
wtilidaylJi" (he has been undlltiful to his parents) is derived from
it. But as a religious term, It means slaughtering a goal on the
seventh day of a child's birlli.
2. Proof of its legitimacy
Al-Bu~~a r! relata! thal Salman Ibn Arnir A~.l?abbly said that
Allah's Messenger ~ said, '''Aqfqah i.f 10 be offered for II newly
oom boy, JO slaughter (an animal) for him, Wid re/iew: him of
harm." And the collectors of Sutlllah related that Samurah said
Ihal Allah's Messenger ;I: said, '''Aqtqah must be offered/Of every
newly 00'" child /0 be slaugh/ered on his sevenlh liny. and he is given
a name , and hlll'/? his hair shm-c d," Imam Ahmad and At-Tinnidhi
related that 'Aishah ~ said that Allah's Messenger it said,
"Two goalS- equal ill size· are 10 be slaughtered/or every newly born
boy and olle for every girl."
3, Scholar's opinions on its u gil iDlacy
Scholars have three opinions regarding its legitimacy:
The first: 'Aqiqa is a Sllrmah and recommended. This is the
opinion of Ma lik, Ash·Shali'i, A~mad, Isbaq and Abu Thawr.
They quoted the above mentioned f/adiths to support their views,
and refuted the opinion of those who said that it was obligatory on
the bases that: if it were obligatory, it would have been evidently
stated In the Shari\1h and the Prophet $; would have stated to the
Ummah that it is prescribed in a way that gives no excuse to anyone
(for not doing it). The Prophet ~ linked it to the people's
willingness. He 3: said, "W"osoc"as a boy b{)rn 10 him, alld he
chose 10 make a rilual for llim, lei him do il." Rut the fact that the
Prophet 3 did it, does not necessarily mean that it is prescribed,
but rather shows that it is recommended.
The second: 'Aqiqah is obligatory_ This is the opinion of Imam
AI-J:lasan AI-Basri, AI-Layth Ibn Sa'd and others. As evidence,
they quote what Ishaq Ibn Riihawayh narrated, "The people will
be reckoned for 'Aqiqa as they will be reckoned for the five
prayers", as well as the l,Iadilh narrated by AI- ~a san quoting
Samurah that the Prophet e said, .. 'Aqfqah is 10 be offered for
e,''''y newly born boy," They justify their opinion on the grounds
that the boy will be prevented from interceding fo r his parents
unless they offered 'aqiqoh for him, and this supports the view that
it is obligatory,
The third: denying its legitimacy. This is the opinion of the H ~ nifi
scholars, They quote a Hm/iih narrated by AI-Baihaqi quoting
'Amr Ibn Shu'aib's falher quoting his grandfather that AII:'ih's
Messenger * was asked about 'aqiqah, so he ,aid: "I do not like
'uquq (disobedience). They also quoted a ~/ad'ih narra ted by Imam
A~mad quoting Abu Riill' 4i> that Fiitimah I&; wanted 10
slaughter IWO sheeps for AI- l:Iasan Ibn Ali, but Alliih's Messenger
~ said to her, "Don 'I make 'aqiqah, bw have his hair CUI and give
Ihe value of ils weighl in si/,'er 10 Ihe poor." So, when Al-I:,rusayn
was born she did the same. Hut the literal meaning of the abovementioned
lIwliih asserts that 'aqiqah is a Sunnah and recommended,
That is what has been adopted by the majority of
scholars. They refuted the Hanifis' opinion on the grounds that
the hadilhs quoted by them do not stand as proof fo r denying the
legitimacy of 'aqUiah,
As for the f~adilh narrated by 'Amr Ibn Shu'ayb quoting his
father and his grandfather, Allah's Messenger II: said, " I do "01 like
'uq!lq." The conte~t and reason of the Prophet's saying it shows
that aqiqah is a Sunnah and recommended, since the wording of the
Hadilh goes as follows: "Allah's Messenger $ was asked about
aqiql/h, he replied, '[ do no/like 'uq6q'_" It shows that the Prophet
3- hated giving this name to the slaughtered animal. So they said,
"0 Alliih's Messenger, we ask about one of us having a chi ld bom
for him. He said, "Whosoever wishes 10 make a ritual/or his child,lel
him do so; two equal goals for a bay, and OM for a girl."
As fo r quoting, as proof, the ~ad[(h of Abil Rafi' "do not make
Oijtqah, but have his hair cut" it docs not indicate that aqiqah is
reprehensible, since the Prophet 3. wanted to do it for his
daughter FDo nOI make 'aqiqah",
because he has done it for both her sons, lind relieved her of this
duty. There arc so many lIadflhs that prove that the Prophet 3
made 'aqiqah for both of them, among them are:
Abu Dawud related that Ibn Abbas '*' said that Allah's
Messenger # made 'aqiqal! for AI-J:lasan and Al-!:'usayn by
slaughtering a sheep for each. Yahya Ibn Sa'id related that 'Amrah
quoted 'Aishah as saying, "Allah's Messenger 3. made 'aqiqah for
AI'l:!asan and Al-f-.!.usayn on their scventh day.
We conclude from what has been mentioned above that the
'fUJiqal! is Sunnah, and is rccommended by the majority of Imams
and scholars. So if a father had II baby born to him, and he is
financially able to implement the Sunnah of Alliih's Messenger e,
he must do it for seeking Alliih 's reward, for in te nsifying the
feelings of intimacy and love among his relatives and friends and
for taking part in social solidarity.
4. The Prererable Time for 'Aqfqall
We have already mentioned the Uadith narrated by Samurah
which says, .. 'aqfqah is 10 be offeredfor each f1ewly born child, on his
UW!f1lh day. and he is named." This Hadfl/l indicates that it is
re<:ommended to slaughter the 'aqiqah on the seventh day. But
there are some narrations that indicate that it is not obligatory to
oITer the 'uqiquh on the seventh day; it is only recommended to do
it on the seventh day, So, if 'lUJtqah were slaughtered on the fourth,
eighth, or tenth day, it will do,
5, Is 'Aqtqah for a boy like that of a girl's?
'A qrqah is a recommended Sunnllh for both boys and girls alike.
This is proved by the IIwlilh narrated by Imam Ahm;ld and AtTirmidhi
quoting Umm KaTZ A!-JSahiyyah that she asked Allah's
Messenger 3: about 'aqlqah, he replied, "t ... o goalsfor a boy , and one
for a girl" This fladilh and those mentioned previously, indicate two
principal points: First: boys and girls are the same regarding the
legitimacy of 'aqfqah. Second: offering two goats for a boy and onc
for a girl is the opinion of the majority of sehola rs_ Miilik held the
opinion thai 'uqfqah for either a boyar a girl is onc goal.
6. Reprehensibility of breaking the bones of 'A qfqufr
Among the matters that should be observed regarding 'uqiqah is
not to break a bone of it, whether during slaughtering or eating it,
i.e. every bone of it should be cut at the joint without breaking it.
This is shown by the flad!lh narrated by Abu Dawud and
atlribuled to the Prophet $ , "And do nOI break a bone of ii," The
rationale behind this is twofold:
First: demonstrating Ihe nobility of feeding and supporting the
poor and neighbours by giving them complete big pieces, with no
broken bones, and not lacking any part.
Second: witnes~ing a good omen and being optimistic thaI the
newly born child will have complete organs, and strenglh, smce
'uqiqah is considered a sacrifice faT the child,
7. General rules related to 'Aqiqulr.
A, Scholars unanimously agree that 'uqiqah should entertain the
conditions of Ur/&iyah (sacrifice), The conditions of Utj~iyah are:
I. To be more than one year old, if it were a sheep or goat. In case
the sheep is only six months of age, but big in si:re to the point
that you cannot distinguish it from those over one year old when
mixed with them, it is deemed good for 'aqiqah. But goats will
not do for 'aqfqalr unless thcy arc more than one year old.
2. To be frcc from physical defects: blind, one-eyed, lean, or lame,
i.c. one that cannot walk to the slaughterhouse are animals unfit
to be ·aqiqah. Also, animals lacking an ear, tail, more than onethird
of its fat tail, or most of their teeth, arc not fit for ·aqiqah.
Also, animals born without cars, or ill-minded beasts that do not
graze, are nOI good for ·aqfqah. Minor defects that make the
animal suilable for 'aqiqah are: Spltl ears, broken horns, or slight
lameness that does not keep the animal from walking, or slight
ill-mindedness that docs not keep the animal from grazing, or a
limited number of teeth lost, or less than one-thIrd of the car,
tail, or fat tail is lost while the rest remains.
3. Sacrificing a cow or buffalo is not accepted unless it is more than