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 30th, 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])
[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]
