Am I Sinful for Flushing My 13-Week Miscarried Fetus in the Bathroom?

Answered by Ustadha Shazia Ahmad

Question

I miscarried a fetus in week 13 with no heartbeat and another at week 6. The first time I didn’t know what to do so I stayed on the toilet seat and flushed everything down. It felt like active labor pain and lasted 7 hours. I was exhausted and couldn’t move a muscle, barely conscious of the Islamic protocol. Now I am worried that I erred or sinned.

How to expiate now? I cried and mourned but now I am at peace with my loss. The second time it was just like fresh bright red blood and the discharge was jelly-like in texture and came without much pain.

Answer

I empathize with your loss, this is indeed a difficult thing for any parent to go through. May Allah Most High strengthen you through this and make your offspring pious.

The Messenger of Allah (Allah bless him and give him peace) said, “When a child of the slave (of Allah) died, Allah says to the angels: ‘Have you taken the fruits of his work?’ They reply: ‘Yes.’ So He says, ‘What did My slave say?’ They reply, ‘He praised you and mentioned that to You is the return.’ So Allah says, ‘Build a house in Paradise for My slave, and name it ‘the house of praise.’” [Tirmidhi]

As for the second miscarriage, the jelly-like texture, which was probably the beginning of the fetus, had no shape or human form and it is not sinful if you don’t bury it, although recommended.

The first miscarriage at 13 weeks, means that the fetus did have some human form, like limbs. Ustadh Tabraze Azam said, “The general ruling is that a fetus is bathed and named, yet only prayed over in the case that it had signs of life upon birth.” In this case, your miscarried fetus would not be bathed or prayed over, but it would have been superior to bury it.

Please see the following articles for more information:
Fiqh of Miscarried Fetus
Is the Child Washed or Named in a Case of Miscarriage?
What Should Be Done After a Late Miscarriage Practically and Emotionally?
What is the Proper Procedure After an Early Miscarriage?

[Ustadha] Shazia Ahmad
Checked and Approved by Shaykh Faraz Rabbani

Ustadha Shazia Ahmad lived in Damascus, Syria for two years where she studied aqida, fiqh, tajweed, tafsir, and Arabic. She then attended the University of Texas at Austin, where she completed her Masters in Arabic. Afterward, she moved to Amman, Jordan where she studied fiqh, Arabic, and other sciences. She later moved back to Mississauga, Canada, where she lives with her family.