The above hadeeths carry a general command to all Muslims to abide by the
crescent sighting. In the same spirit, Abu Hurayrah ( ) reported that the
Messenger said:
(True) fasting starts on the day that you fast; (true) Fitr is on the day
that you end your fasting; and (true) Adha is on the day that you offer
your sacrifice.1
`Aa'ishah (R) reported that the Messenger said:
(True) Fitr is on the day that people end their fasting; and (true)
Adha is on the day that people offer their sacrifices.2
These and other similar hadeeths in the books of Sunnah constitute a
general address to all Muslims that fasting, `Eeds, and other occasions
truly occur when the Muslims (collectively) agree to hold them, regardless
of claims or individually attained knowledge to the contrary.
Thus when the crescent is sighted anywhere on earth, by at least one
trustworthy Muslim, this means that the whole Ummah has sighted it. Based
on this, as the above hadeeths indicate, all members of the Ummah are
required to observe the new month as long as the information reaches them
in a reasonable amount of time to be able to act upon it.
Kurayb's Narration
A large number of people misinterpret the following narration by
Kurayb. Kurayb reported that Umm ul-Fadl Bint ul-Haarith sent him on a
mission to Mu`aawiyah ( ) in Damascus. He accomplished his mission and was
still in ash-Shaam when Ramadaan started. He saw the new crescent on the
night preceding Friday (Thursday evening). He then returned to
al-Madeenah, arriving there near the end of the month. He met Ibn `Abbaas
( ) who asked him when was the crescent of Ramadaan sighted in
ash-Shaam. Kurayb said, "We saw it on the night preceding Friday." Ibn
'Abbaas inquired, "Did you see it yourself?" Kurayb replied, "Yes I saw it;
and the people did too. Therefore, they fasted, and Mu`aawiyah fasted as
well." Ibn `Abbaas said, "But we saw it on the night preceding Saturday;
we shall continue to fast until we complete thirty days or see it [the
crescent of Shawwaal]." Kurayb asked, "Wouldn't you follow Mu`aawiyah's
sighting and fasting." Ibn `Abbaas answered:
"No! This is how Allaah's Messenger commanded us."3
How Far Is Too Far?
Let us for a moment agree to different matla`s. When a person performs
Hajj, he can ascertain where to put his ihram on. The Prophet did not
leave us without the necessary instructions in this regard. If different
matla`s, countries, or distances required separate crescent sightings,
then why has no text from the Prophet reached us stating so?
And if Kurayb's narration is the source for the opinion in question, that
each community must have its own sighting, then what is the evidence for
the distance? Such things cannot be derived from the narration of
Kurayb. The conflicting opinions concerning this demonstrate that there
cannot be anything decisive.
What Ibn `Abbaas Did Not Say
Let us look at the statement of Ibn `Abbaas, "We shall continue to fast
until we complete thirty days or see it." In order to truly understand it,
it is necessary to examine it in light of the Prophet's command to
which he referred. This was cited earlier from the narration of Ibn
`Abbaas ( ) himself:
Fast when you see the hilaal; and end your fast when you see it. If it
is obscure to you, then complete thirty days.
The next logical question is, did Ibn `Abbaas mean, "No, we cannot accept
the testimony of a crescent sighting from a region other than our own,"
or, "No, I am not rejecting that, but the Messenger has taught us to
fast upon seeing the crescent, and we saw it on Friday night; we shall
continue to fast until we complete thirty days or see the crescent of
Shaww_l?" The latter statement is clearly the correct one based on the
texts of the Sunnah. Additionally, the following points must be clear:
- The people of ash-Shaam started their fast on Friday following their sighting of the crescent on Thursday night.
- The people of al-Madeenah started their fasting on Saturday following
their sighting of the crescent. They were not informed of the sighting of
ash-Shaam early enough. That is the reason they did not begin fasting on
Friday.
Since this is obvious, then it is also obvious that Ibn `Abbaas did not
infer that the Prophet taught anyone to reject a testimony from
another area - his words carry no evidence for such a claim.
A Minority Opinion
Discussing this subject, Sayyid Sabiq states in Fiqh us-Sunnah the following:
"According to the majority of scholars, it does not matter if the new
moon4 has been sighted in a different location; in other words, after the
new moon has been sighted anywhere in the world, it becomes obligatory for
all Muslims to begin fasting (Ramadaan), as the Prophet said, "Fast due
to its sighting, and break fast due to its sighting." (Al-Bukhaaree and
Muslim) This hadeeth is a general address directed to the whole Muslim
world - that is, 'If any one of you sees the crescent in any place, then
that will be a sighting for all people'."5
However, leaving the majority, who agree upon a universal sighting, the
author later endorses the following:
"The [opinion] closest [to the truth] is that each land follows its own
sighting, as well as the areas that are connected to it."
Imaam an-Nawawee (r), commenting on Kurayb's narration, endorsed the
opinion of different sightings as well:
"It clarifies the correctness, according to our companions, that the
sighting is not general for all people but specific for the one who is
within the distance in which the prayers are not combined. Some of our
companions say that a universal sighting in any place applies to all
people on the earth, and this is their practice."6
Thus, an-Nawawee regulates crescent sighting by the distance after which a
resident becomes a traveller.
But even though he endorsed this opinion, he noted that others in his
Shaafi`ee mathhab opted for a universal sighting!
Furthermore, in two of his other books, Shar ul-Muhathab, and Ar-Rawah,
an-Nawawee opted for the position that the sighting of each land is
governed by its matla`7, which contradicts with his above verdict
endorsing travel distance. His faltering position illustrates the
indecisiveness to which he and others fell victim in this regard.
Thus it is safest to adhere to the Texts of the Sunnah instead of
submerging into conjecture and assumptions. There is no justification for
placing a limit in distance when no such limit was placed by Allaah (SWT) or
His Messenger .
The Correct Scholars' Position
After discussing the narration of Kurayb, Shaykh ul-Islaam Ibn Taymiyyah
(r) concluded:
"To summarize, a person who learns about the sighting of the moon in
good time to be able to utilize it for fasting, ending his fast, or
sacrifice, must definitely do so. The texts (of Islaam) and the reports
from the Salaf point to this. To limit this to a certain distance or
country would contradict both the reason and the Sharh (Islaamic law). "8
Imaam Ash-Shawkaanee (r) cited this narration by Kurayb and mentioned six
different conclusions that the `ulamaa' have derived from it. He then
commented as follows:
"You should know that the acceptable evidence is in what Ibn `Abbaas
(t) reported explicitly from the Messenger . It is not in his ijtihaad
which people tried to interpret, and to which he pointed by saying, 'This
is how Allaah's Messenger commanded us.' His direct report from the
Prophet is what Al-Bukhaaree, Muslim, and others narrated as:
Do not fast until you see the crescent, and do not end your fast until
you see it ?
This does not apply to any particular location, but is a general address
to all applicable Muslims. Thus it is obviously an evidence that a
sighting in one location is binding on people in other locations. When the
people in a particular location see it, this means that all the Muslims
have seen it. Thus what applies to them (those who saw it) applies to
others (in other locations).
Even if we submit that Ibn `Abbaas meant that the sighting in one location
does not bind people in other locations - this should still be subjected
to the reason in that the distance between the two location should be far
enough to call for difference in matla`s. Despite the fact that ash-Shaam
was not far enough from al-MaDeenah to warrant different matla`s, Ibn
`Abbaas refused to follow the sighting of its people. This indicates that
his behavior was based on his ijtihaad, and is not, therefore, an
acceptable evidence for this argument.
And if we assume that the reason may not be applied in this situation,
still, the Islaamic evidence indicates that people from one area should
accept information and testimonies of people in other areas in all
legislative matters of Islaam. One such matter is the sighting of the moon
- regardless of whether the distance between the two locations warrants
considering them as different matla`s or not. Excluding this matter from
the general rule requires a separate evidence.
The narration of Kurayb comes against the general rule. If we want to
accept it as the needed specifying evidence, we should then adhere to its
exact text, if it were known. If the text were not known, then we should
adhere to the meaning that is understood from it. Ibn `Abbaas did not
mention the exact words of the Prophet , nor did he give the meaning of
his words, which would have enabled us to evaluate the general and the
specifying evidence. All he mentioned was a general statement indicating
that the people of al-MaDeenah would not follow the sighting of ash-Shaam -
assuming that this is what he meant. We may not understand more than this
or permit our understanding to restrict the general rule ..."9
Siddeeq Hasan Khaan (r) said:
"If the crescent is seen by the people in one location, all people in
other locations must abide by their sighting. This is based on the
hadeeths that declare the beginning and end of fasting at the sighting of
the crescent. These hadeeths address the whole Muslim Ummah: when one
Muslim sees the crescent anywhere, his sighting would be a sighting for
all Muslims. It would not be correct to challenge this with the hadeeth of
Kurayb (in Saheeh Muslim), because Ibn `Abbaas did not declare in it that the
Prophet commanded them not to follow sightings of other locations."10
In this regard also, the great hadeeth scholar Muhammad Naasir ud-Deen
al-Albaanee comments on Sayyid Saabiq's preference of the minority
opinions by saying:
"This saying is remarkably strange... the different regions, like the
regions of moon rising positions (matla`s) are relative; they have no
definite tangible boundaries to which people could adhere. And I, by
Allah, do not know why the author would give preference to this strange
opinion and refrain from utilizing the generality of the authentic hadeeth
adopted by the majority, as he himself has mentioned, and it is the
position taken by many of the learned scholars, like Shaykh ul-Islaam Ibn
Taymiyyah in al-Fataawee, ash-Shawkaanee in Nayl ul-Awtaar, Siddeeq Hasan Khaan in
ar-Rawat un-Nadiyyah (1:223-225), etc. This is the truth, and none else
can be accepted. Nor does it conflict with the statement of Ibn `Abbaas,
as Ash-Shawkaanee soundly demonstrated:
'The hadeeth of Ibn `Abbaas refers to the one who fasts according to the
sighting of his own land, then is informed that Ramadaan has been confirmed
by crescent sighting in another land (on a different day). In this case he
continues fasting with the people of his own land until they complete
thirty days, or they see the crescent. This removes the confusion and
leaves the above hadeeth applicable in general to all of those who receive
the news of seeing the crescent from any location regardless of its
distance.'
And this is similar to what Ibn Taymiyyah said in his Fataawee (25:107), and
is very easy to accomplish these days as is well known."11
- Recorded by Abu Daawood, at-Tirmithee and others; judged authentic by al-Albaanee and others.
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- Recorded by at-Tirmithee; judged authentic by al-Albaanee.
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- Muslim.
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- The translators of Fiqh us-Sunnah use 'new moon' instead of crescent, which we would prefer, for the Arabic word hilaal.
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- Fiqh us-Sunnah 3:112 of the ATP English translation.
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- Sharh Muslim.
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- Fath ul-Baaree 4:147-148.
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- Al-Fataawee, 5:111.
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- Nayl ul-Awtaar, 4:268.
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- Ar-Rawdat un-Nadiyyah, 1:224.
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- Tamaam ul-Minnah, p. 398.
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