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Fiqh-us-Sunnah - 4.46
Hadith 4.46.1
Arriving Late for Funeral Prayer
A person who misses a part of a funeral prayer should make up the missed takbirs--making them consecutively.
This is preferable, but if he cannot do it there is no harm. Ibn 'Umar, Al-Hasan, Ayyub Al-Sukhtiani, and Al-Awza'i are of the opinion that such a person is not required to repeat the missed takbirs, and he should finish his prayer with the salutations led by the imam.
Ahmad said: "If he cannot make the missed takbirs, there is no harm." The author of Al-Mughni prefers this opinion and remarks: "It is supported by a saying of Ibn ' Umar and there is nothing on record from the Companions of the Prophet (may Allah be pleased with them) to contradict it. It is reported by 'Aishah that she said to the Prophet, peace be upon him, "O Allah's Messenger, sometimes when I offer a funeral prayer, I cannot hear some of the takbirs by the imam?" He replied: "Say the takbir that you hear and do not worry about the ones that you miss. You do not have to repeat these later on." This statement is quite explicit. These are consecutive--uninterrupted--takbirs and, if missed, they need not be repeated like the ones in the 'Eid prayer.
Hadith 4.46.A
Persons for Whom Funeral Prayer is to be Offered
There is a consensus among the jurists that funeral prayer is offered for all Muslims, male or female, and young or old. Ibn Al-Mundhir said: "The scholars are in agreement that if it is established that an infant is born alive, that is, by his crying, sneezing, or moving etc., then, if it dies, a funeral prayer should be offered for it."
Al-Mughirah ibn Shu'bah reports that the Prophet, peace be upon him, said: "One may ride one's mount behind the funeral, and walk on foot a little ahead of it or to its right or left. A funeral prayer should be offered for an aborted baby, seeking for his parents the mercy and forgiveness of Allah." This is reported by Ahmad and Abu Daw'ud. Another narration reads: "A person on foot may walk behind a funeral, or ahead of it, or on its left side or right side or still nearer to it." According to another report, "A rider should ride behind the funeral, whereas one on foot may walk anywhere. And a funeral prayer should be offered for a child." This is reported by Ahmad, Nasa'i, and Tirmidhi, who consider it a sound hadith.
Hadith 4.46.B
Funeral Prayer for an Aborted Child
A miscarried fetus, less than four months old, may not be washed, nor may a funeral prayer be offered for it. It should be wrapped in a piece of cloth and buried. The majority of jurists are in agreement on this point.
On the other hand, if a miscarried fetus is four months old or older, and the existence of life in it is established, then there is a consensus that it should be washed and a funeral prayer offered for it. But if its life is not established by its movements or other evidence, then according to Malik, Al-Awza'i, AlHasan, and the Hanafi school, funeral prayer may not be offered for it. They base their opinion on a hadith transmitted by Tirmidhi, Nasa'i, Ibn Majah, and Al-Baihaqi on the authority of Jabir that the Prophet, peace be upon him, said: "If in a miscarried fetus life is established by its movements, a funeral prayer should be offered for it, and it is entitled to its share of inheritance."
According to this hadith offering a funeral prayer for a miscarried fetus is conditioned upon proof of its life evident in signs of life, such as its movement, etc.
Ahmad, Sa' id, Ibn Sirin, and Ishaq are of the opinion that in the light of the above hadith, a miscarried fetus may be washed and a funeral prayer may be offered for it.
The words used in this hadith are "a funeral prayer should be offered for a miscarried fetus" because it has a soul and is alive. The Prophet, peace be upon him, informed us that a fetus receives a soul when it is four months old. Others refute this argument with the assertion that there is confusion in the chain of narrators of this hadith, and besides, a stronger hadith contradicts it. But this alone does not constitute a valid argument.
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