What is the ruling regarding washing and praying the funeral prayer (Salat al-Janazah) over a stillborn child (Sqt) delivered non-viable?
General Chapter
Al-Mughni
Book of Funerals
Primary text
If a fetus exits the womb clearly dead, or if it does not attain full term, it is simply wrapped and buried. If the fetus emerges alive and gives a cry of life (istihlal), it must be washed and the funeral prayer performed over it without disagreement. Scholars are unanimous that if a child’s life is confirmed by a cry of life, the funeral prayer is performed. Regarding a fetus that did not cry out, if it has reached four lunar months, it must be washed and prayed over. This position is held by Ahmad, Sa'id ibn al-Musayyib, Ibn Sirin, and Ishaq. The basis for this is the report that the Prophet (peace be upon him) said, 'And the stillborn child, the funeral prayer is performed over it,' narrated by Abu Dawud and Al-Tirmidhi. Furthermore, the soul is breathed into it after four months, meaning it possesses the status of a soul (nasma) for which supplication (prayer) is warranted.
Supporting text
A dissenting opinion, held by Al-Hasan, Ibrahim, Al-Hakam, Hammad, Malik, Al-Awza'i, and the Ashab al-Ra'y, states that the funeral prayer is not performed unless the fetus cries out. This is based on the Hadith stating, 'The child is not prayed over, nor does he inherit, nor is he inherited from, until he cries out.' Al-Shafi'i holds two opinions reflecting these two positions. For the child before four months, there is no disagreement that it is not washed or prayed over, but merely wrapped and buried, except for the view of Ibn Sirin, who permits prayer if the infusion of the soul is known.