When should we offer the funeral prayer for the miscarried foetus?

If the foetus comes out
alive and its cry is heard, then it dies, it should be washed and the
funeral prayer offered for it; there is no scholarly dispute concerning
this. It says in al-Mughni: “The scholars are unanimously agreed that
if it is known to have lived and its cry has been heard, the prayer should
be offered for it. But if its cry is not heard, Imaam Ahmad (may Allaah have
mercy on him) said: “If it has completed four months [gestation], then it
should be washed and the funeral prayer offered. This is the view of Sa’eed
ibn al-Musayyib, Ibn Seereen and Ishaaq. Ibn ‘Umar offered the funeral
prayer for the son of his daughter who was born dead.” (al-Mughni,
2/328) 

It says in Masaa’il al-Imaam
Ahmad, which (contains reports that) were narrated by his son
‘Abd-Allaah: “I heard my father being asked about the newborn, when should
the funeral prayer be offered for him? He said: if he was miscarried after
four months [gestation], the funeral prayer should be offered for him. He
was asked, should the funeral prayer be offered for him even if his cry was
not heard? He said, Yes.” (Masaa’il al-Imaam Ahmad allati rawaahaa ibnuhu
‘Abd-Allaah, 2/482, mas’alah no. 673) 

The author of al-Mughni
explained the reason why the funeral prayer may be offered for one
concerning whom there is doubt that he lived at all, “The prayer offered for
him is a kind of du’aa’ for him and his parents … so there is no need to be
certain and sure that he lived at all, unlike matters of inheritance.”

(al-Mughni, 2/328)

Undoubtedly this is a good
understanding, because inheritance has to do with the rights of others,
whereas a prayer has to do with the relationship between a person and his
Lord.

With regard to a foetus of
less than four months gestation, it should not  be washed and the funeral
prayer should not be offered for it, but it should be wrapped in a cloth and
buried. That is because the soul is not breathed into it until after four
moths of gestation; before that it is not a soul so the funeral prayer
cannot be offered over it; it is like inanimate objects or blood. 

The evidence for that is the
words of the Prophet (peace and blessings of Allaah be upon him): “The
miscarried foetus should be prayed over (the funeral prayer), and
supplication for forgiveness and mercy for his parents should be offered.”
(Narrated by Abu Dawood; classed as saheeh by al-Albaani in Saheeh al-Jaami’,
3525). 

In the case of a
miscarried foetus whose sex cannot be determined, it should be given a name
which is suitable for both males and females, such as Salamah, Qutaadah,
Sa’aadah, Hind, ‘Utbah or Hibbat-Allaah.