Friday, 26 May 2017

SIGHTING OF THE NEW MOON AND COMMENCEMENT OF RAMADAN FAST


SIGHTING OF THE NEW MOON AND COMMENCEMENT OF RAMADAN FAST

ASSEMBLED BY MALLAM ABBA ABANA, KUBWA, ABUJA, NIGERIA

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Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu. Amma Ba’d.

Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad (Sal Allahu Alaihi Wa Sallam) is His slave and Messenger.

 

SIGHTING OF THE NEW MOON AND COMMENCEMENT OF RAMADAN FAST

 

1 HOW THE ONSET OF RAMADAAN IS DETERMINED

The onset of Ramadaan is confirmed by the sighting of the new moon, or by the completion of thirty days of Sha’baan. Whoever sees the crescent of the new moon or hears about it from a trustworthy source is obliged to fast.

Using calculations to determine the onset of Ramadaan is bid’ah, because the hadeeth of the Prophet (peace and blessings of Allaah be upon him) clearly states: “Fast when you see it (the new moon) and break your fast when you see it.” If an adult, sane, trustworthy, reliable Muslim who has good eyesight says that he has seen the crescent with his own eyes, then we should take his word for it and act accordingly (i.e., start fasting).

2 WHY ARE THE MUSLIMS NOT UNITED IN THEIR FASTING?

Firstly: The most likely reason for the differences in the start of the fast from one country to another is the difference in sighting the new moon. Such differences are well known and it makes sense that there are such differences. 

Based on this, it is not possible to expect all the Muslims to start fasting at the same time, because this would mean that some of them were starting to fast before the new moon had been sighted and even before it had appeared. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about those who call for the ummah to be united in fasting and for the moon sighting to be based on its sighting in Makkah. He said: 

This is impossible from an astronomical point of view, because the sighting of the new moon, as Shaykh al-Islam Ibn Taymiyah said, differs, according to the scientists who are well-versed in this field. Because it differs, then each country should have its own ruling, according to the reports and according to science. 

The evidence from reports is the verse in which Allaah says (interpretation of the meaning): “So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Sawm (fasts) that month”[al-Baqarah 2:185] 

If it so happens that people in a remote region of the world do not see the new moon whereas the people of Makkah do see it, then how can the words of this verse apply to those who have not seen the new moon? The Prophet (peace and blessings of Allaah be upon him) said: “Fast when you see it and stop fasting when you see it.” (Agreed upon). So if the people of Makkah, for example, see it, then how can we expect the people of Pakistan and countries further east to start fasting, when we know that that the new moon has not yet appeared in their region, and the Prophet (peace and blessings of Allaah be upon him) connected the start of fasting to the sighting of the moon?

 The scientific evidence is the correct analogy which we cannot contradict. We know that dawn appears in eastern regions of the earth before it appears in western regions, so if dawn has appeared in eastern regions, do we have to stop eating even though it is still night where we are? The answer is no. If the sun has set in eastern regions but it is still day where we are, is it permissible for us to break our fast? The answer is no. And the new moon is exactly like the sun, except that the timing of the new moon is monthly and the timing of the sun is daily.  The One Who said (interpretation of the meaning): “and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night), then complete your Sawm (fast) till the nightfall”[ Holy Quran Chapter al-Baqarah 2:187] is also the One Who said (interpretation of the meaning): “So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Sawm (fasts) that month”[ Holy Quran Chapter al-Baqarah 2:185].

So the evidence of both the texts and science indicates that we should establish a separate ruling for each place when it comes to starting and ending the fast, and this should be connected to the physical sign which Allaah has described in His Book and which His Prophet Muhammad (peace and blessings of Allaah be upon him) established in his Sunnah, namely the sighting of the moon and the sighting of the sun or dawn. End quote from Fataawa Arkaan al-Islam, p. 451. 

And he said, explaining this analogy and supporting the argument of those who say that there should be different moon sightings: 

They say that the monthly timings should be like the daily sightings. Just as different countries vary in the start and end of the fast each day, so too they must differ in the start and end of the month-long fast. The difference in daily timings is well known according to Muslim consensus; those who are in the east start fasting before those who are in the west, and they also break the fast first. 

If we accept the differences in sighting with regard to daily timings, then we should also accept it with regard to the month. 

No one can say that the verse “and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night), then complete your Sawm (fast) till the nightfall” and the words of the Prophet (peace and blessings of Allaah be upon him) “When the night has come from here and the day has departed from here and the sun has set, then the faster may break his fast” are general in meaning and apply to all the Muslims in every region. 

The same applies to the verse “So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Sawm (fasts) that month” and the words of the Prophet (peace and blessings of Allaah be upon him) “When you see it fast and when you see it stop fasting.”

As you see, this opinion is very strong, and the analogy is sound, the analogy between the monthly timing and the daily timing. End quote from Fataawa Ramadaan, compiled by Ashraf ‘Abd al-Maqsood, p. 104 

The Council of Senior Scholars issued an important statement on this topic, the text of which is as follows: 

Firstly: The difference in moon sighting is something which is well known, and there is no difference among the scholars concerning this. Rather the difference of scholarly opinion has to do with whether the difference in moon sighting matters or not. 

Secondly: 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. 

The scholars differed concerning this matter and there are two points of view. One is that the difference in moon sighting matters and the other is that it does not matter. 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 (peace and blessings of Allaah be upon him), “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. 

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. 

Thirdly: The Council has studied the issue of proving the new moon by means of calculation, and what has been narrated in the Qur’aan and Sunnah, and they have studied the comments of the scholars on this matter. They have decided unanimously that astronomical calculations carry no weight in determining the new moon with regard to Islamic matters, because the Prophet (peace and blessings of Allaah be upon him) said, “Fast when you see it and stop fasting when you see it.” And he (peace and blessings of Allaah be upon him) said: “Do not fast until you see it, and do not stop fasting until you see it.” And because of other evidence to that effect. End quote, from Fataawa al-Lajnah al-Daa’imah, 10/102[1].

3 NIYYAH (INTENTION) IN FASTING (REQUIREMENTS FOR FASTING TO BE VALID)

There are basically two main components of fasting:

1 - The intention (niyyah) for fasting. One should make a sincere intention to fast for the sake of God every day before dawn. The intention need not be in words, but must be with the sincerity of the heart and mind. Some jurists are of the opinion that the intention can be made once only for the whole month and does not have to be repeated every day.

2 - Abstaining from dawn to dusk from everything that invalidates fasting.

1)      Niyyah (intention) is a required condition in fard (obligatory) fasts, and in other obligatory fasts such as making up missed fasts or fasts done as an act of expiation (kafaarah), because the Prophet (peace and blessings of Allaah be upon him) said: “There is no fast for the person who did not intend to fast from the night before[2].” A number of the scholars, such as al-Bukhaari, al-Nisaa'i, al-Tirmidhi and others thought it was likely to be mawqoof. See Talkhees al-Hubayr, 2/188)

2)      The intention may be made at any point during the night, even if it is just a moment before Fajr. Niyyah means the resolution in the heart to do something; speaking it aloud is bid’ah (a reprehensible innovation), and anyone who knows that tomorrow is one of the days of Ramadaan and wants to fast has made the intention[3].

3)      If a person intends to break his fast during the day but does not do so, then according to the most correct opinion, his fast is not adversely affected by this; he is like a person who wants to speak during the prayer but does not speak. Some of the scholars think that he is not fasting as soon as he stops intending to fast, so to be on the safe side, he should make up that fast later on. Apostasy, however, invalidates the intention; there is no dispute on this matter.

4)      The person who is fasting Ramadaan does not need to repeat the intention every night during Ramadaan; it is sufficient to have the intention at the beginning of the month. If the intention is interrupted by breaking the fast due to travel or sickness – for example – he has to renew the intention to fast when the reason for breaking the fast is no longer present[4].

5)      Making the intention the night before is not a condition of general nafl (supererogatory) fasts, because of the hadeeth narrated by ‘Aa’ishah (may Allaah be pleased with her), who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) entered upon me one day and said, ‘Do you have anything [food]?’ We said, ‘No.’ He said, ‘In that case I am fasting[5].

6)      But in the case of specific nafl fasts such as ‘Arafaah and ‘Aashooraa’, it is better to be on the safe side and make the intention the night before.

7)      If a person embarks on an obligatory fast, such as making up for a day missed in Ramadaan, or fulfilling a vow, or fasting as an act of expiation (kafaarah), he must complete the fast, and he is not permitted to break it unless he has a valid excuse for doing so. In the case of a naafil fast, “the person who is observing a voluntary fast has the choice either to complete the fast or to break it[6]” – even if there is no reason to break it. The Prophet (peace and blessings of Allaah be upon him) got up fasting one morning, then he ate[7].

8)      But will the person who breaks his fast for no reason be rewarded for the fasting that he has already done? Some of the scholars say that he will not be rewarded[8], so it is better for the person who is observing a voluntary fast to complete it, unless there is a valid, pressing reason for him to stop fasting.

9)      If a person does not know that Ramadaan has started until after dawn, he has to stop eating and drinking for the rest of the day, and he has to make that day up later on, according to the majority of scholars, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no fasting for the one who does not have the intention to fast from the night before[9].”

10)   If a prisoner or captive knows that Ramadaan has begun by sighting the moon himself or by being told by a trustworthy person, he has to fast. If he does not know when the month is beginning, he must try to work it out for himself (ijtihaad) and act according what he thinks is most likely. If he later finds out that his fasting coincided with Ramadaan, this is fine according to the majority of scholars, and if his fasting came after Ramadaan, this is fine according to the majority of fuqahaa’, but if his fasting came before Ramadaan, this is not acceptable, and he has to make up the fast. If part of his fasting coincided with Ramadaan and part of it did not, what coincided with it or came after it is fine, but what came before is not OK. If the matter never becomes clear to him, then his fasting is fine because he did the best he could, and Allaah burdens not a person beyond his scope[10].

4 WHEN TO START AND STOP FASTING

Once the entire disk of the sun has disappeared, the fasting person should break his fast, and not pay any attention to the red glow that remains on the horizon, because the Prophet (peace and blessings of Allaah be upon him) said: “Once night comes from there and the day disappears from there, and the sun has set, the fasting person should break his fast[11].”

The Sunnah is to hasten in breaking the fast. The Prophet (peace and blessings of Allaah be upon him) would not pray Maghrib until he had broken his fast, if only with a sip of water[12]. If a fasting person cannot find anything with which to break his fast, he should have the intention in his heart to break his fast, and he should not suck his finger, as some of the common people do. He should beware of breaking the fast before the correct time, because the Prophet (peace and blessings of Allaah be upon him) saw some people hanging from their hamstrings with blood pouring from the corners of their mouths, and when he asked about them, he was told that they were people who broke their fast before it was time to do so[13].” If a person is certain, or thinks it most likely, or is not sure whether he broke the fast before the proper time, he should make up the fast later on, because the basic principle is that the day is still there and has not ended[14]. He should beware of relying on the word of small children or untrustworthy sources, and he should also beware of the time differences between different cities and villages when he hears the adhaan on the radio and so on.

When the dawn comes – which is the white light coming across the horizon in the East – the fasting person must stop eating and drinking straightaway, whether he hears the adhaan or not. If he knows that the muezzin calls the adhaan at dawn, he has to stop eating and drinking as soon as he hears his adhaan, but if the muezzin calls the adhaan before Fajr, he does not have to stop eating and drinking when he hears it. If he does not know the muezzin’s usual practice, or there are differences among the muezzins, and he cannot determine the time of dawn for himself – as is usually the case in cities because of lighting and buildings – he should take the precaution of referring to a printed timetable, so long as he is sure that the calculations on which it is based are not incorrect.

The idea of being on the safe side by stopping eating and drinking a certain time before Fajr, such as ten minutes before, is bid’ah. On some timetables you can see one heading for “imsaak” (stopping eating and drinking) and another for Fajr; this is something that is contrary to Islam.

The Muslims living in cities where there is a distinct alternation of night and day in every twenty-four hour period are obliged to fast, no matter how long the day is, so long as that distinction between night and day is there. In some places there is no such distinction between night and day; Muslims in these places should fast according to the times in the nearest city in which there is a distinct alternation of night and day.

 




[1] Reference to https://islamqa.info/en/50487
[2] (Reported by Abu Dawood, no. 2454.
[3] (Majmoo’ Fataawa Shaykh al-Islam, 25/215).
[4] It is, however, better to make intention every day to take full benefit of fasting.
[5] ’” (Reported by Muslim, 2/809, ‘Abd al-Baaqi).
[6]  (reported by Ahmad, 6/342)
[7] (As reported in Saheeh Muslim, in the story of the al-hais (a type of food) that was given to him as a gift when he was in ‘Aa’ishah’s house; no. 1154, ‘Abd al-Baaqi).
[8]  (al-Mawsoo’ah al-Fiqhiyyah, 28/13)
[9] (Reported by Abu Dawood, 2454).
[10] (Al-Mawsoo’ah al-Fiqhiyyah, 28/84).
[11] (Reported by al-Bukhaari, al-Fath, no. 1954; the issue is also mentioned in Majmoo’ al-Fataawa, 25/216).
[12]  (Reported by al-Haakim, 1/432; al-Silsilat al-Saheehah, 2110)
[13] (The hadeeth is in Saheeh Ibn Khuzaymah, no. 1986, and in Saheeh al-Targheeb, 1/420).
[14]  (Fataawa al-Lajnah al-Daa’imah, 10/287).

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