Fiqh of Ramadaan – 6/30 Establishing the beginning and end of the month of Ramadaan

The beginning of Ramadaan is established by sighting the new moon or through the testimony of one or more truthful witnesses who have sighted the moon. And if the moon is not sighted nor is there any reliable witness to the sighting, then the people should complete the month of Sha’baan as 30 days.

So based on this, the following two things mark the beginning of the month of Ramadaan:

First: Sighting of the Moon, even if it is through the testimony of a single reliable person.

Second: Completing 30 days of the month of Sha’baan.

And this is exactly how we also determine the end of the month of Ramadaan: That is, either through sighting the moon of Shawwaal even if it is through the witness of two reliable people, or by completing Ramadaan as 30 days.

The difference between establishing the beginning and the end of Ramadaan is that a single person’s testimony is enough to establish its beginning, but in order to establish its end, the testimony or witness of at least two reliable people is required, as it is proven from the reliable sources ([1]) which will be discussed below.

First: Obligation of Fasting Ramadaan through affirmative sighting of its moon or by completing 30 days of Sha’baan:

Abdullah bin Umar (radiallah anhu) narrates that the Messenger of Allaah (ﷺ) mentioned Ramadaan and said:

((الشهر تسع وعشرون ليلة))

((A month (can be) comprised of 29 nights)) ([2])

In another route, he said:

((الشهر: هكذا، وهكذا، وخنس الإبهام في الثالثة))

((The month is like this and this," (at the same time he showed the fingers of both his hands thrice) and left out one thumb on the third time.)) ([3])

And He (ﷺ) further went on to say:

((لا تصوموا حتى تروه ولا تفطروا حتى تروه إلا أن يغم عليكم فإن غم عليكم فاقدروا له))

((So do not fast till you have sighted it (the new moon) and do not break it till you have sighted it, except when the sky is cloudy for you, and if it is so, then calculate it (i.e. complete thirty days).)) ([4])

And in the other narration,

((فأكملوا العدة ثلاثين))

((…then complete Sha’baan as thirty days)) ([5])

And in another narration He (ﷺ) said:

((إنا أمة أمية لا نحسب ولا نكتب والشهر هكذا وهكذا وهكذا وعقد الإبهام في الثالثة والشهر هكذا وهكذا وهكذا تمام الثلاثين))

((“We are an unlettered Ummah; we do not use computation. The month is like this, and this, and this,” and he held down his thumb the last time. “And the month is like this, and this, and this,” completing thirty.)) ([6])

As for the hadeeth of Abu Bakrah (radiallah anhu) that the Prophet (ﷺ) said:

((شهران لا ينقصان، شهرا عيد: رمضان، وذو الحجة))

((The two months of ‘Eed i.e. Ramadaan and Dhul Hijjah will not (both) be deficient (or incomplete).)) ([7])

Imaam Bukhaari (rahimahullah) said under its explanation:

((قال إسحاق: وإن كان ناقصاً فهو تام، وقال محمد: لا يجتمعان كلاهما ناقص))

((Ishaaq (bin Rahuwayh) said: (What this means is) even if they are deficient (i.e. in days) they still are complete (as one full month).

And Muhammad (bin Ismaa’eel al-Bukhaari, i.e. the author himself) said: This meansthat they both cannot be deficient in a single year (i.e. they both cannot be 29 days in the same year).)) ([8])

And Imaam Tirmidhi said:

((قال أحمد: معنى هذا الحديث: لا ينقصان معاً في سنة واحدة؛ شهر رمضان وذو الحجة، إن نقص أحدهما تم الآخر، وقال: إسحاق: معناه لا ينقصان، يقول: وإن كانا تسعاً وعشرين فهو تمام غير نقصان. وعلى مذهب إسحاق يكون ينقص الشهران معاً في سنة واحدة))

((Ahmad (bin Hanbal) commented on the meaning of the hadeeth: “The two months of Eed will not both be deficient” saying: “Ramadaan and Dhul Hijjah will not both be decreased in the same year, if one of them is decreased, then the other one will be complete (i.e. 30 days)”. Ishaaq (bin Raahuwayh) said: “It means that they will not be deficient.” He said: “If it is twenty-nine days, it will still be complete not deficient.” So according to the madhab of Ishaaq, it is possible that the two months would be decreased in the same year.)) ([9])

There are several other interpretations to the meaning of this hadeeth but the saying of Imaam Ishaaq seems to be the most accurate and free of objections. And this is also favored by Imaam Nawawi. And Allaah knows best.

The following narrations are enough to disregard any other explanation of the hadeeth which work as a general rule to determine the beginning and end of any month:

Abu Hurayrah (radiallah anhu) narrates that the Messenger of Allaah (ﷺ) said:

((صوموا لرؤيته، وأفطروا لرؤيته، فإن غُبِّيَ عليكم فأكملوا عدة شعبان ثلاثين))

((Fast when you see it and stop fasting when you see it, and if it is obscured from you (too cloudy), then complete Sha’baan as thirty (days))) ([10])

Huzayfah bin al-Yamaan (radiallah anhu) narrates from the Messenger of Allaah (ﷺ) that he said:

((لاتقدَّموا الشهر حتى تروا الهلال قبله، أو تكملوا العدة، ثم صوموا حتى تروا الهلال أو تكملوا العدة قبله))

((Do not anticipate the month until you see the crescent before it, or you complete the number of days. Then fast until you see the new moon, or you complete the number of days)) ([11])

Aa’ishah (radiallah anha) said:

((كان رسول الله - صلى الله عليه وسلم - يتحفَّظ من شعبان ما لا يتحفَّظ من غيره، ثم يصوم لرؤية رمضان، فإن غُمَّ عليه عَدَّ ثلاثين يوماً ثم صام))

((The Messenger of Allah (ﷺ) used to count the days in Sha'ban in a manner he did not count any other month; then he fasted when he sighted the new moon of Ramadan; but if the weather was cloudy he counted thirty days and then fasted.)) ([12])

It is not permissible to anticipate Ramadaan by fasting one or two days before it begins, due to the hadeeth of Abu Hurayrah (radiallah anhu) that the Prophet (ﷺ) said:

((لا يتقدمنَّ أحدكم رمضان بصوم يومٍ أو يومين، إلا أن يكون رجل كان يصوم صوماً فليصم ذلك اليوم))

((Do not anticipate Ramadaan by fasting one or two days before it begins, but if a man habitually fasts, then let him fast.)) ([13])

And the Prophet (ﷺ) has prohibited fasting the day of doubt.

‘Ammaar bin Yaasir (radiallah anhu) said:

((من صام اليوم الذي يَشُكُّ فيه الناس فقد عصى أبا القاسم - صلى الله عليه وسلم -))

((Whoever fasts on the day concerning which there is doubt has disobeyed Abu’l-Qaasim (ﷺ))) ([14])

Second: Obligation of Fasting Ramadaan through the testimony of witness:

The Scholars have differed over the minimum number of testimonies required to begin and end Ramadaan:

Note that these are two separate things:

1-     Minimum testimonies required to begin Ramadaan

2-     Minimum testimonies required to end Ramadaan

1-  Minimum Testimonies required to begin Ramadaan:

With regard to the first one i.e. testimonies required to begin Ramadaan, there are further two scenarios that are considered here:

1-     When the sky is cloudy or it is unclear

2-     When the sky is clear.

In the case that the sky is cloudy and unclear, and a single reliable witness informs of the sighting of the moon, it will be accepted from him and fast will be observed by the agreement of all except Imaam Maalik who stipulated that a single person’s testimony in this case will only be accepted if his people have not put an effort in sighting the moon, otherwise, if his people are also on the lookout for the moon then his testimony alone will not be accepted.

In the case that the sky is clear, then the scholars differed over three opinions:

1-   First: Testimony of a single reliable person is enough. This is one of the two opinions of Shaafi’ee, and An-Nawawi said that it is the most correct one. And it is the opinion of Ahmad according to the more famous of the two opinions. And it is also the opinion of Ibn al-Mubaarak, Umar, Ali, and Ibn Umar.

And they took evidence from the following:

The hadeeth narrated from Ibn Abbaas (radiallah anhu) that a Bedouin came to the Prophet (ﷺ) and said: ((I saw the crescent of Ramadaan)), to which the Prophet (ﷺ) asked:

((أتشهد أن لا إله إلا الله؟)) قال: نعم، قال: ((أتشهد أن محمداً رسول الله؟)) قال: نعم، قال: ((يا بلال أذن في الناس أن يصوموا غداً))

((Do you testify that there is no god but Allaah?)) He said: “Yes.” The Prophet then said: ((Do you testify that Muhammad is the Messenger of Allaah?)) He said: “Yes”. The Prophet said: ((O Bilaal, make announcement to the people to fast tomorrow)) ([15])

And Abdullah bin Umar bin al-Khattaab (radiallah anhu) said:

((تَراءى الناس الهلال، فأخبرت رسول الله - صلى الله عليه وسلم - أني رأيته، فصامه وأمر الناس بصيامه))

((The people were trying to sight the new moon (of Ramadan.) and when I reported to the Messenger of Allaah (ﷺ) that I had seen it, he fasted and commanded people to fast.)) ([16])

Imaam Tirmidhi said commenting on the hadeeth of Ibn ‘Abbaas:

((والعمل على هذا الحديث عند أكثر أهل العلم، قالوا: تقبل شهادة رجل واحد في الصيام، وبه يقول ابن المبارك، والشافعي، وأحمد، وأهل الكوفة، وقال: إسحاق: لا يصام إلا بشهادة رجلين، ولم يختلف أهل العلم في الإفطار أنه لا يقبل فيه إلا شهادة رجلين))

((This hadeeth is acted upon according to most of the people of knowledge. They say that the testimony of one man is accepted for fasting. This is the view of Ibn al-Mubaarak, Shaafi’ee, Ahmad, and the people of Koofah. Ishaaq said that fasting is not begun without the testimony of two men; and there is no disagreement among the people of knowledge regarding breaking the fast; that it is not accepted in that case without the testimony of two men)) ([17]) ([18])

And they also reasoned that this is a report about a worship and not a testimony in someone’s favor or against, so the report of a single person is enough, just like the report of a single person was accepted in changing of qiblah, and about impurity of water etc.

   And also because the beginning of ramadaan determines the beginning of an Ibaadah so it is important to be careful in not missing it, so the testimony of a single person will be accepted in this case.

2-   Second: At least two reliable witnesses are required to begin ramadaan. This is the second opinion from Shaafi’ee, and it is also the opinion of Uthmaan bin ‘Affaan, Maalik, Layth, Awzaa’ee, Ath-Thawree, and Ishaaq. And it is narrated from Ahmad that he said: “Two witnesses is more appealing to me.”

And they took evidence from the following:

The hadeeth of Husayn bin al-Haarith al-Jadli from the tribe of Jadilah Qays who said: ((The governor of Mecca delivered a speech and said: The Messenger of Allaah (ﷺ) took a pledge from us that we should perform the rites of hajj after sighting the moon. If we do not sight it and two reliable persons bear witness, we should perform the rites of hajj on the basis of their witness.

I then asked al-Husayn ibn al-Harith: Who was the governor of Mecca? He replied: I do not know. He then met me later on and told me: He was al-Harith ibn Hatib, brother of Muhammad ibn Hatib. The governor then said: There is among you a man who is more acquainted with Allah and His Apostle than I. He witnessed this from the Messenger of Allah (ﷺ). He then pointed with his hand to a man. Al-Husayn said: I asked an old man beside me: Who is that man to whom the governor has alluded?

He said: "This is Abdullah ibn Umar, and he spoke the truth. He was more acquainted with Allah than he. He (Abdullah ibn Umar) said: For this is what the Messenger of Allah (ﷺ) commanded us (to do) )) ([19]).

The hadeeth of Abdur Rahmaan bin Zayd who narrates from the Companions of the Prophet (ﷺ) that they narrated from the Prophet (ﷺ),

((فإن شهد شاهدان فصوموا وأفطروا))

((And if two witnesses bear witness then observe fast and break the fast)) ([20])

3-   Third: Testimony of a large number of people is required. This is the opinion of Maalikis and Hanafis

They took evidence by the argument that being alone in sighting the moon despite such a condition – i.e. clear skies – is prone to mistake. So it is necessary to disregard him until a big group of people witness it. At-Tahaawi, however, accepted the testimony of a lone person in this case only if he has come from the outskirts of the city where there are less obstacles, or from an elevated place of the city.

Preference: The preferred of the three views is the first one due to the ahadeeth of the Prophet (ﷺ) where he accepted the testimony of a single individual. As for the ahadeeth mentioning two witnesses then they are not something in which a limit is specified, so they do not contradict the reports of fasting with a single testimony.

2-  Minimum Testimonies required to end Ramadaan i.e. sighting the moon of Shawwaal:

There are three opinions in this as well:

1-   First: It is accepted by the testimony of a single reliable person to end Ramadaan and begin Shawwaal.

This is the opinion of Abu Thawr alone.

2-   Second: Testimonies of at least two reliable witnesses is required. This is the opinion of the majority of Fuqaha except that the Hanafiyah went with accepting the testimonies of two people in this case only when the sky is unclear, as for when it is clear then their opinion will be expressed under the third opinion.

Rib’i bin Hiraash narrates on the authority of a man from the companions of the Prophet (ﷺ): ((People differed among themselves on the last day of Ramadan (about the appearance of the moon of Shawwal). Then two Bedouins came and witnessed before the Prophet (ﷺ) swearing by Allah that they had sighted moon the previous evening. So the Messenger of Allah (ﷺ) commanded the people to break the fast. The narrator Khalaf has added in his version: "and that they should proceed to the place of prayer (for 'Eed)")) ([21])

3-   Third: It is not established except by the testimonies of a huge number of people when the sky is clear. This is the opinion of the Hanafis ([22]) and it is possible to add Maalikis here as well due to what they said about moon of Ramadaan when the sky is clear. Their evidence is the same as with the sighting of the moon of Ramadaan.

Preference: The preferred view is the second one in this case, due to the evidences mentioned; and also because sighting the moon of shawwaal determines the end to an Ibaadah, so it is incumbent to be more careful by requiring at least two witnesses.

Third: Determining the beginning or end of a month through Calculations:

So far we have seen only three methods of determining the beginning and end of Ramadaan i.e. Sighting the moon on one’s own, relying on the testimonies of people sighting the moon, or in case no one sights the moon then finishing the previous month as thirty days.

In all cases, the reliance is on the actual sighting of the moon by the people. But there is also another method of determining this, which is through astronomical calculations. This method only helps calculating whether the new moon has emerged or not, and it does not concern with whether the people actually sight the moon with their eyes or not.

However, this method of determining the beginning and end of a month is not valid, because from the shara’ee standpoint, what determines the beginning and end of a month is the actual sighting of the moon, not just the assumption that the moon has emerged.

The Prophet (ﷺ) said: ((Fast when you see it [the new moon] and stop fasting when you see it, and if it is cloudy then complete the month with thirty days.)) The Prophet (ﷺ) made the beginning of the fast conditional upon the confirmed sighting of the new moon of Ramadaan, and the ending of the fast conditional upon the confirmed sighting of the new moon of Shawwaal; he did not connect this to calculations of the movements of stars or other heavenly bodies. This is how it was done at the time of the Prophet (ﷺ), during the rule of the Khulafa' al-Raashidoon, at the time of the four imaams, and during the three centuries which the Prophet (ﷺ) said were the best. Referring to calculations of the lunar months to start and end periods of worship, instead of actually sighting the new moon, is a bid'ah (reprehensible innovation) that has no good in it and has no basis in sharee'ah.

Moreover: Allaah knew what progress would be made in astronomy and other sciences, but despite that He still said (interpretation of the meaning): {… So whoever among you sights (the crescent on the first night of) the month (of Ramadaan), he must observe sawm (fast) that month…} [al-Baqarah 2:185] and the Messenger of Allaah (ﷺ) said: ((Fast when you see it [the new moon] and stop fasting when you see it…)) So the beginning and ending of Ramadaan are connected to the actual sighting of the moon, and not to the calculations of astronomers, even though Allaah knew that the astronomers would develop their science to the point where they would be able to calculate the positions of the stars and heavenly bodies. The Muslims are obliged to follow what Allaah has prescribed for them through His Prophet (ﷺ), basing the beginning and end of the fast on the sighting of the moon. This is like the consensus of the scholars, whoever differs with this and relies on calculations is shaadhdh ("odd") and his opinion cannot be relied on ([23]).

This method, however, may be used in helping to look for the moon in the right direction and the right time. Hence, the knowledge of the new month will still be through the actual sighting of the moon and not the calculations alone.

The Ruling on Using Telescopes to sight the new moon:

Al-Shaykh al-Faqeeh Muhammad bin Saalih al-Uthaymeen (rahimahullah) said:

The legislated Sharee'ah method in verifying the beginning of the month is for the people try to sight the crescent. And (in doing so) it is befitting the sighting be verified by one who is trustworthy with respect to his religion (and character) and strong vision. So if they sight it, they must act upon this sighting, and start fasting if it was the crescent of Ramadhaan, or stop fasting if it was the crescent of Shawwaal. It is not permissible to rely on the calculations of the astronomical observatories if there was no actual sighting. However, if there was a sighting, even if the sighting was through the astronomical observatories, then it is accepted, since it falls under the general statement of the Prophet (ﷺ): ((When you see it then fast, and when you see it break your fast)) As for calculations, then it is not permissible to act upon it, or to rely on it. As for the use of what is known as a telescope - which is a glass instrument that magnifies the crescent - then there is no harm in using it, however, it is not obligatory. (This is) because what is apparent from the Sunnah is the reliance upon normal sighting (with the naked eye), and not anything else. However, if it is used, and someone trustworthy sights it, then this sighting is to be acted upon. The people of the past would use similar means when they would climb up to a height after Maghrib on the 29th day of Sha'baan or Ramadhaan; So they would seek out the crescent (from this height) using a telescope. In any case, whenever the sighting of the crescent is verified, in whatever manner it was seen, then it is obligatory to act upon this sighting, based on the generality of the statement of the Prophet (ﷺ): ((When you see it then fast, and when you see it break your fast)) ([24])

Fourth: Difference in sighting the new moon from one country to another

It is known for a fact that the sighting of the moon and the sun differ from one place to another. Hence, sun may be rise in one place and it is setting at another place at the same time. And there is no dispute among the Fuqaha regarding the difference in the timings of prayer in different places. So Azaan is being constantly announced in the world at all times. As a result, the timings of fajr, zuhr, asr, maghrib and Ishaa differ from one place to another. And the people of each place pray according to the appearance of the signs of the timing of prayer in their respective places.

As for fasting, does its beginning and end differ from one place to another depending on the difference of sighting the moon?

The Scholars have differed over this in two opinions:

First Opinion:

The difference of sighting the moon does not matter. So fasting becomes due on all the Muslims in all the places as soon as the moon is sighted in any place of the world, and the legislative rules of sighting the moon explained above will still apply here.

This is the madhab of the Jumhoor, including: Hanafis ([25]), Maalik according to what Ibn al-Qaasim and the people of Misr have narrated from him ([26]), Hanbalis ([27]), some companions of Shaafi’ee ([28]), and Layth bin Sa’d ([29]). And this is also the opinion favored by Shaykh ul-Islaam Ibn Taymiyyah ([30]), Ash-Shawkaani ([31]), Siddeeq Hassan Khaan ([32]) and Shaykh Al-Albaani ([33]).

They took evidence from the following:

1-   The verses that obligate fasting, and the ahadeeth that do so. They say that when Ramadaan has begun through the sighting of its moon then fasting it becomes obligatory on all the Muslims, due to the presence of its moon, and that is after having it confirmed through the testimonies of reliable people.

And from it is the saying of Allaah: {… So whoever among you sights (the crescent on the first night of) the month (of Ramadaan), he must observe sawm (fast) that month…} [al-Baqarah 2:185]

2-   The saying of the Prophet (ﷺ): ((When you see it then fast, and when you see it break your fast)). So the command to fast is for all the Muslims, after the sighting of the moon. The Ru’yah is an infinitive word (Masdar) and it is the name of the action which holds true for a single person as well as for plural. Based on this, the presence of “sight” alone is sufficient to obligate fasting on all Muslims.

If everyone had to fast following his own sighting then the word would have been, ((صوموا لرؤيتكم له)) “Fast when you see it by yourself”.

3-   The Muslims unanimously agree on the obligation of fasting the month of Ramadaan. So when it is established that this day is the day of Ramadaan through the testimonies of reliable witnesses, then it becomes obligatory on all the Muslims to fast due to their Ijmaa’

Second Opinion:

The beginning of Ramadaan is established only in the region where the moon is sighted and its nearby places, and it does not necessitate fasting in faraway places where the moon is not sighted.

This is the opinion favored by Ash-Shaafi’ee ([34]). And it is also the opinion of Al-Qaasim, Saalim, Ishaaq and Ikrimah ([35]). This group of Scholars have further disputed over the specification of the distance between regions in seven opinions:

1-   Wherever there is a difference in sighting between two regions, they will follow their sightings alone. This opinion is of the Iraaqis, Saydlaani and is authenticated by An-Nawawi.

2-   The distance at which the prayer is shortened will be considered faraway and anything before will be considered nearby. This is the opinion of Al-Baghwi and it is authenticated by ar-Raafi’ee.

3-   The difference of territories or districts. This is narrated by Ibn Hajar in al-Fath.

4-   Any region or country from where it is not possible to miss seeing the moon without an obstacle.

5-   It is not necessary except on the people belonging to the country of sight, except if the sighting is established with the supreme ruler then he can necessitate the people of all the regions under his control to fast, because the regions that come under his control are like one region or country.

6-   It is not necessary on any other regions which differ with the region of sight in elevation or declension ([36]).

The people of this opinion took evidence from the following:

((Kurayb reported that Umm Fadl, daughter of Harith, sent him (Fadl, i.e. her son) to Mu'awiya in Syria. I (Fadl) arrived in Syria, and did the needful for her. It was there in Syria that the month of Ramadan commenced. I saw the new moon (of Ramadan) on Friday. I then came back to Medina at the end of the month. Abdullah b. 'Abbas (Allah be pleased with him) asked me (about the new moon of Ramadan) and said:

When did you see it? I said: We saw it on the night of Friday. He said: (Did) you see it yourself? I said: Yes, and the people also saw it and they fasted and Mu'awiya also fasted, whereupon he said: But we saw it on Saturday night. So we will continue to fast till we complete thirty (fasts) or we see it (the new moon of Shawwal). I said: Is the sighting of the moon by Mu'awiya not valid for you? He said: No; this is how the Messenger of Allah (ﷺ) has commanded us.)) ([37]).

And this narration is answered as follows:

1-   Ibn ‘Abbaas did not come to know of the fasting of the people of Shaam or that they had sighted the moon before them, due to lack of the means to do so unlike in today’s time. Had he known that the moon is sighted, he would have fasted that day and commanded the people to fast as well. However, there was no way for him to know about the emergence of the moon except through sighting, so he relied on the sighting of the people of Madeenah.

2-   Ibn ‘Abbaas ended the hadeeth by saying, “This is how the Messenger of Allaah (ﷺ) has commanded us” and what he means by this is the saying of the Prophet (ﷺ): ((Fast when you see it and break your fast when you see it)) So they fasted according to the only sighting that was available to them at that time to establish the beginning of Ramadaan, just as the people of Shaam had no way of determining but by their sighting due to their lack of knowledge of the sightings of others.

As for now, the globalization has made the entire world like a single country. It is not difficult to know about the sighting of moon in today’s age. So it is necessary that the people fast altogether through sighting of moon, and end fasting altogether through sighting of moon, wherever it comes from.

3-   The saying of Ibn Abbaas reflects his opinion alone, he did not attribute to the Prophet (ﷺ) the argument that each country or region will follow its own sighting.

From what appears to be the case, and Allaah knows best, is that the first opinion is closer to the truth and that is what we prefer.

In any case, the issue of whether the difference in moon sighting matters or not is a theoretical matter in which there is room for ijtihaad. Even people of great knowledge and piety differed concerning this matter. This is a type of difference which is acceptable, where the one who makes ijtihaad and gets it right will have two rewards, one for his ijtihaad and the other for getting it right, and the one who gets it wrong will be rewarded for his ijtihaad.

Each group quotes evidence from the Qur’aan and Sunnah, and sometimes they quote the same text, such as when they both quote the verse (interpretation of the meaning):

{They ask you (O Muhammad) about the new moons. Say: These are signs to mark fixed periods of time for mankind and for the pilgrimage} [al-Baqarah 2:189]

and the words of the Prophet (ﷺ), ((Fast when you see it and stop fasting when you see it.))

That is because of different understandings of the texts, and different ways in which each group derives evidence from them.

In Fatawa al-Lajnah ad-Daaimah, it is said: Based on the considerations that the Council has seen and examined, and based on the fact that the difference of opinion on this matter does not have any effect that may lead to undesirable consequences, since this religion appeared fourteen centuries ago and we do not know of any period during which the ummah was united in moon sighting, the members of the Council of Senior Scholars think that matters should be left as they are and that this subject should not be stirred up. Each Islamic state should have the right to choose whichever opinion it wishes, based on the suggestions of its own scholars, because each view has its evidence and proofs ([38]).

Fifth: Beginning and Ending Fasting through reasoning (Ijtihaad)

There are some ahadeeth proven regarding this, one of which is the hadeeth of Abu Hurayrah (radiallah anhu) that the Prophet (ﷺ) said:

((الصوم يوم تصومون، والفطر يوم تفطرون، والأضحى يوم تضحون))

((The fast is the day the people fast, the breaking of the fast is the day the people break their fast, and the sacrifice is the day the people sacrifice.)) ([39])

Imaam Tirmidhi said:

((وفسَّر بعض أهل العلم هذا الحديث، فقال: إنما معنى هذا؛ أن الصوم والفطر مع الجماعة وعُظْمِ الناس))

((Some of the people of knowledge explained this hadeeth by saying that this only means that the fast and the breaking of the fast is done with the Jamaa’ah and the masses of the people)) ([40])

Imaam al-Khattaabi said:

((This hadeeth means that the mistake from the people in a matter that involves personal reasoning (Ijtihaad) is permissible. So if the people strove but they cannot see the new crescent until after the 30^th, so they do not break their fasting until they have completed the thirty days, later on, they come to know that the month was in fact of 29 days, in this case, they will not be sinful and they should not be criticized or accused of a mistake. The same goes for Hajj. If they made a mistake about the day of ‘Arafah, then it is not necessary upon them to repeat it. And same with their sacrifice. This is from Allaah’s kindness and favor upon His servants.)) ([41])

And from what is included in the meaning of these ahadeeth is also the fact that if a person saw the crescent of Ramadaan alone, but his testimony gets rejected for some reason, then it is not necessary for him to fast nor upon anyone else. This is reported by Hanbal from Ahmad bin Hanbal regarding fasting. In the same way, that person will not also sacrifice on his own without his people. This is the view favored by Shaykh ul-Islaam Ibn Taymiyyah (rahimahullah) ([42]).

Shaykh Ibn Baaz (rahimahullah) said: “Some of the people of knowledge said that this person should fast alone, but the more correct of the two opinions is that it is not permissible for him to fast alone. He should, rather, fast with the people and break the fast with the people, due to the saying of the Prophet (ﷺ): ((The fast is the day the people fast, the breaking of the fast is the day the people break their fast, and the sacrifice is the day the people sacrifice)). As for when he is in a deserted land where there is no one besides him, then he should follow his sighting of the moon to begin and end fasting” ([43]) And Allaah knows best.

Similarly the one who travels from one country to another then the ruling that he should follow regarding fasting and breaking the fast is the ruling of the people of the country he has travelled to, no matter that is in the beginning of the month of Ramadaan or during the ending of fasting. He should fast with the people and break his fast with the people.

However, if the one who travelled to another country or region and he has fasted only 28 days but the people there are observing Eed, then it is necessary upon him to make up the fast of one day after the Eed, so that he completes 29 days, because a month does not decrease from 29 days, just as it cannot exceed from 30 days ([44]).

And if he travels to a country or region and the people there are fasting, while he has finished his 30 days of fasting in his country before them, then he should still fast with the people making his fasts one over thirty, because he should fast with the people based on the same hadeeth mentioned above ([45]).

Sixth: The Sunnah for everyone who sees the first moon of every month

Talhah bin Ubaydullah narrates that whenever the Prophet (ﷺ) would see the new moon, he said:

((اللَّهُمَّ أَهْلِلْهُ عَلَيْنَا بِاليُمْنِ وَالإِيمَانِ وَالسَّلَامَةِ وَالإِسْلَامِ، رَبِّي وَرَبُّكَ اللَّهُ))

((O Allah, bring it over us with blessing and faith, and security and Islam. My Lord and your Lord is Allah (Allāhumma ahlilhu `alainā bil-yumni wal-Īmān, was-salāmati wal-Islām, rabbī wa rabbuk Allāh).)) ([46])

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[1] - [See: Zaad al-Ma’aad (2/38-50)]

[2] - [Saheeh al-Bukhaari (1907) & Saheeh Muslim (1080)]

[3] - [Saheeh al-Bukhaari (1908) & Saheeh Muslim (1080)]

[4] - [Saheeh Muslim (1080)]

[5] - [Saheeh al-Bukhaari (1907)]

[6] - [Saheeh al-Bukhaari (1913), Saheeh Muslim (1080), Sunan Abu Dawood (2319), Sunan Nasaa’ee (2141)]

[7] - [Agreed Upon: Saheeh al-Bukhaari (1912), Saheeh Muslim (1089)]

[8] - [Saheeh al-Bukhaari (Before H. 1912)]

[9] - [Sunan Tirmidhi (After H. 692)]

[10] - [Agreed Upon: Al-Bukhaari (1909), Muslim (1081)]

[11] - [Sunan Nasaa’ee (2126) & Sunan Abu Dawood (2326), Classed Saheeh by Al-Albaani]

[12] - [Sunan Abu Dawood (2325), Classes Saheeh by al-Albaani]

[13] - [Agreed Upon: Al-Bukhaari (1914), Muslim (1082)]

[14] - [Abu Dawood (2334), Nasaa’ee (2188), Tirmidhi (686), Ibn Maajah (1645), and Al-Bukhaari in his Saheeh, Mu’allaqan, with the expression of certainty]

[15] - [Abu Dawood (2340), Tirmidhi (691), Nasaa’ee (2113, 2114, 2115), Classed Da’eef by al-Albaani. Shaykh Abdul Qaadir al-Arnaa’oot said: “I say: But it has shawaahid in its meaning which strengthen the hadeeth” (Jaami’ ul-Usool by Ibn al-Atheer (6/273))]

[16] - [Abu Dawood (2342), Classed Saheeh by al-Albaani]

[17] - [Sunan Tirmidhi (H. 691)]

[18] - [Regarding the testimony of a woman in establishing the beginning of the month, the scholars have differed over two opinions:

First: The testimony of a woman is allowed, this is according to one opinion famous from Ahmad, and it is also the opinion of Abu Haneefah, and one of the opinions narrated from Ash-Shaafi’ee.

Second: It is not accepted, and this is according to one of the narrations from both Ahmad and Ash-Shaafi’ee and is also the madhab of Maalikiyyah. And this is also favored by Shaykh Ibn Baaz, wallahu a’lam]

[19] - [Abu Dawood (2338), Classed Saheeh by al-Albaani]

[20] - [Nasaa’ee (2115), Classes Saheeh by al-Albaani]

[21] - [Abu Dawood (2339), Saheeh by al-Albaani]

[22] - [Al-Hidaayah (1/147)]

[23] - [Extracted from Islamqa.info]

[24] - [Shaykh Muhammad Ibn Saalih al-Uthaymeen Fataawa Ramadhaan - Volume 1, Page 62, Fatwa No.28]

[25] - [Tabiyyeen al-Haqaaiq Sharh Kanz ud-Daqaa’id (1/321), Haashiyah at-Tahaawi (1/436)]

[26] - [Haashiyah ad-Dasooqi (1/510), Bidaayat al-Mujtahid (1/210)]

[27] - [Al-Mughni (3/107), Ar-Rawd al-Murabbi’ (1/413)]

[28] - [Al-Mughni (3/107)]

[29] - [Ibid]

[30] - [Majmoo al-Fataawa Vol. 25, with reference from Tamaam ul-Minnah (P. 398)]

[31] - [Nayl al-Awtaar (4/231)]

[32] - [Ar-Rawdah an-Nadiyah (1/225-225)]

[33] - [Tamaam ul-Minnah (P. 398)]

[34] - [Haashiyah I’aanat ut-Taalibeen (2/219), Mughni al-Muhtaaj (1/422)]

[35] - [Al-Mughni (3/107)]

[36] - [See these opinions are mentioned in Nayl al-Awtaar (3/118) & al-Mughni (4/328)]

[37] - [Ahmad (1/306), Muslim (1087), Abu Dawood (2332), Tirmidhi (693), Nasaa’ee (4/136)]

[38] - [Fataawa al-Lajnah al-Daa’imah, 10/102, from Islamqa.info]

[39] - [Abu Dawood (2324), Tirmidhi (697), Ibn Maajah (1660), Classed Saheeh by al-Albaani]

[40] - [Tirmidhi under hadeeth 697]

[41] - [Ma’aalim us-Sunan by al-Khattaabi (2/95)]

[42] - [Al-Ikhtiyaaraat al-Fiqhiyyah Lishaykh al-Islaam Ibn Taymiyyah (P. 158), & Majmoo ul-Fataawa (25/114, 25/202)]

[43] - [Majmoo Fataawa Ibn Baaz (15/72-74), and see: Majmoo Fataawa Ibn Taymiyyah (25/117)]

[44] - [Majmoo Fatawa al-Lajnah ad-Daa’imah (10/123, 127, 128), Majmoo Fataawa Ibn Baaz (15/98-104, 155), and see: Majmoo Fataawa Ibn Taymiyyah (25/106-107)]

[45] - [Majmoo Fataawa Ibn Baaz (15/155)]

[46] - [Trmidhi (3451), Classed Saheeh by al-Albaani]