What are the religious duties to be done to a baby that dies in the womb?

The Details of the Question

How old must the baby that dies in the womb be so that his janazah prayer will be performed? What is the minimum age for the baby that dies in the womb for the Islamic duties to be performed?

The Answer

Dear Brother / Sister,

A baby that is born alive and dies after that is given a name; he is washed and enshrouded; his janazah prayer is performed. If a baby is born dead, he is given a name; he is washed and enshrouded; he is buried without janazah prayer being performed.   

Qasani, the great Hanafi scholar, reports from Imam Abu Yusuf and says,

“A baby that is born dead is washed and given a name. However, his janazah prayer is not performed.” (Badayius-Sanayi, I/302)

It is wajib for the miscarried children that have a sign of life (voice, breath, movement, etc.) to be washed. A child who is born dead but whose organs have formed is also washed. Miscarried children whose organs have not formed are not washed. They are wrapped in a piece of cloth and buried without a name. Janazah prayer is not performed for them.   

According to Hanafis, if a baby makes a sound after birth and dies, that is, if he is alive when he is born but dies immediately after birth, he is given a name and washed; his janazah prayer is performed. However, if there is no sign of life, that is, if he is born dead, he is given a name and washed; he is wrapped in a piece of cloth and buried without a janazah prayer. (Wahba Zuhayli, İslam Fıkhı, 3/60)

It is necessary to place a stone each next to the head and feet like in adults’ graves to determine. It is not necessary to sacrifice an animal for aqiqah.

According to Shafiis, if there is no sign of life in the baby and if he is over four months, he is washed, enshrouded and buried; janazah prayer is not performed. 

According to Hanbalis, a baby who is born dead after four months, he is washed and his janazah prayer is performed.

Malikis hold the view that janazah prayer of a baby who is born without a sign of life is not performed. If a baby is in a state that cannot be enshrouded and if his janazah prayer cannot be performed, he is buried by being wrapped in a piece of cloth.

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