بَابُ رُؤْيَةِ الْهِلَالِSighting the Crescent Moon

³ The statement: "Then estimate it." In Al-Qunya, it is narrated from Shams Al-A’immah Al-Halwani that the condition for the obligation of fasting and breaking the fast is the sighting of the crescent moon, and the statement of the astronomers is not relied upon. Then it is narrated from Majd Al-A’immah Al-Tarjumani that the companions of Abu Hanifah, except for a few, and Al-Shafi’i agreed that there is no reliance on their statement, and it is not considered, even if they are trustworthy. Al-Maziri said: "The majority of jurists understood the Prophet’s (ﷺ) statement, 'Then estimate it,' to mean completing the count to thirty days, as explained in another hadith. It is not permissible to interpret it as calculating the stars, because if people were required to do so, it would be burdensome for them, as only a few individuals know it. The Lawgiver only commands people with what is known to the majority. This is the position of the majority of jurists from the regions of Hijaz, Iraq, Syria, and Morocco, including Malik, Al-Shafi’i, Al-Awza’i, Al-Thawri, Abu Hanifah, his companions, and the majority of the people of hadith, except for Ahmad and those who agreed with him." This is the summary of what is in Rad Al-Muhtar and Al-Durr Al-Mukhtar.

¹ The statement: "We tried to sight the crescent moon." This means we gathered to sight the crescent moon due to its full visibility, or some of us showed others the difficulty in seeing it or the lack of knowledge about its position. Ibn Al-Humam said: "Pointing to the crescent moon is disliked because it was a practice of the people of pre-Islamic ignorance. However, pointing may be necessary when showing it to others, so the dislike applies when there is no necessity." This is mentioned in Al-Mirqat.

¹ The statement: "Do not decrease." In Umdat Al-Qari, it is said: "The days of Hajj may be affected by obscurity and decrease, just as the end of Ramadan may be affected by the obscurity of the crescent moon of Dhul-Qi’dah, leading to an error of adding or subtracting a day. Thus, ‘Arafah may fall on the eighth or tenth day. The meaning is that the reward of those standing at ‘Arafah on such a day is not less than what it would be if there were no error." Ibn Battal said: "A group of scholars said that if someone stands at ‘Arafah on the wrong day due to a widespread error among the people, it suffices for him, because these two months do not decrease in reward before Allah for those who worship Him through striving, just as the reward of Ramadan is not decreased if it is twenty-nine days." This is the opinion of ‘Ata’, Al-Hasan, Abu Hanifah, and Al-Shafi’i.

² The statement: "None of you should fast." This means that the day of doubt, which is the thirtieth day of Sha’ban, should not be fasted except voluntarily. Voluntary fasting on this day is preferred if it coincides with a habitual fast or if one fasts three or more days at the end of Sha’ban, not less, based on the hadith: "Do not fast a day or two before Ramadan." The summary is that our school permits it, while Al-Shafi’i dislikes it unless it coincides with a habitual fast. Ahmad held the opinion that it is obligatory to fast it with the intention of Ramadan in one of the two narrations from him, as mentioned by Ibn Al-Jawzi in Al-Tahqiq. The meaning of the hadith about advancing is to avoid adding to the fast of Ramadan, as the People of the Book added to their fast. This reconciles it with the hadith: "The last days are the hidden days of the month," with the word "sirr" pronounced with a fatha or kasra on the first letter, as stated by Abu ‘Ubayd and the majority of linguists, referring to the concealment of the moon, which may last one or two nights, as explained by Nuh in the commentary of Al-Durr. Ahmad used the hadith about the last days to argue for the obligation of fasting the day of doubt, but we interpret it as recommended, as it is reconciled with the hadith about advancing, as clarified in Al-Fath. This is explicitly stated in Al-Hidayah and its commentaries, that what is prohibited is advancing Ramadan by fasting for Ramadan. The reason for specifying a day or two is that fasting for Ramadan usually occurs when there is doubt about the month being twenty-nine or thirty days, so one fasts a day or two as a precaution, as explained in Al-Imdad and Al-Sa’iyah. In Al-Fath, it is said: "Therefore, fasting another obligatory fast on the day of doubt is not disliked." This is the apparent meaning of Al-Tuhfa, which states: "The evidence indicates that fasting on this day for another obligation or voluntarily is not disliked at all, so what is disliked is what we have mentioned, meaning fasting for Ramadan." In Al-Muhit, it is said: "It should not be disliked to fast with the intention of another obligation, but it is described as somewhat disliked as a precaution, without affecting the reward, like praying on usurped land." The clarification is that there is a difference of opinion among scholars. Dawud held that fasting on this day is invalid, even if it coincides with a habitual fast. A group held that it is not permissible to fast the last day of Sha’ban voluntarily unless it coincides with a habitual fast, based on the apparent meaning of this hadith, and this is the opinion of Al-Shafi’i. Another group permitted voluntary fasting on this day, as narrated from Aisha and her sister Asma’, who used to fast the day of doubt. This is the opinion of Al-Layth, Al-Awza’i, Abu Hanifah, Ahmad, and Ishaq. What is narrated by the authors of the Sunan from the hadith of Al-‘Ala’ ibn ‘Abd Al-Rahman from his father from Abu Hurairah, marfu’: "When Sha’ban is halfway through, do not fast," is rejected. Ahmad and Ibn Ma’in said this. Some said the hadith is weak, and Al-Bayhaqi used the hadith about advancing to weaken it, saying: "The permissibility is based on what is more authentic than the hadith of Al-‘Ala’." It is said that Abu Hurairah used to fast in the second half of Sha’ban, so he said: "The one who says that the consideration is based on what he saw is the one whose action is considered." It is also said that his action indicates that what he narrated is abrogated. Al-Tahawi narrated what supports the opinion of those who permit fasting after the middle of Sha’ban, as he narrated from the hadith of Thabit from Anas that the Prophet (ﷺ) said: "The best fasting after Ramadan is Sha’ban." Also, when the Messenger of Allah (ﷺ) said: "Except for a person who is accustomed to fasting, in which case he may fast that day," this indicates that the Messenger of Allah commanded his Ummah according to what he practiced. This indicates that fasting from the middle of Sha’ban to Ramadan has the same ruling as fasting at other times. When this meaning is established, it indicates that the prohibition in the hadith of Al-‘Ala’: "When Sha’ban is halfway through, do not fast," was only out of concern for those who fast Ramadan, not for any other reason. Similarly, we advise those who fast close to Ramadan and become weak, preventing them from fasting Ramadan, not to fast until they fast Ramadan, because fasting Ramadan is more important than fasting what is not obligatory. This is the meaning that should be understood from this hadith so that it does not contradict other hadiths. Also, when the Messenger of Allah (ﷺ) permitted fasting every other day in the well-known narrations, this indicates that fasting after the middle of Sha’ban is included in what the Prophet (ﷺ) permitted. This is the summary of what is in Al-Durr Al-Mukhtar, Rad Al-Muhtar, Fath Al-Qadir, Umdat Al-Qari, and Sharh Ma’ani Al-Athar. In Al-Durr Al-Mukhtar, it is said: "As for the hadith, 'Whoever fasts the day of doubt has disobeyed Abu Al-Qasim,' it has no basis." This is what Al-Zayla’i said, then he said: "It is narrated as a mawquf report from ‘Ammar ibn Yasir, and in such cases, it is like a marfu’ report." I say: The denial of its basis should be understood as referring to its being marfu’. In Al-Fath, it is said: "The authors of the four Sunan and others narrated it, and Al-Tirmidhi authenticated it from Sillah ibn Zafar, who said: 'We were with ‘Ammar on the day of doubt, and a roasted sheep was brought. Some people withdrew, and ‘Ammar said: 'Whoever fasts this day has disobeyed Abu Al-Qasim.'" In Al-Fath, it is said: "It seems that he understood from the man who withdrew that he intended to fast for Ramadan, so it does not contradict what has been mentioned." This is after understanding it as being heard from the Prophet (ﷺ). Rad Al-Muhtar summarizes this.

¹ The statement: "Count the crescent moon." It is necessary to seek the crescent moon of Sha’ban as well to ensure the completion of the count. This is mentioned in Al-‘Alamgiriyyah.

² The statement: "A Bedouin." The hadith indicates that the testimony of an unknown person is accepted, and that the testimony of one person is accepted for the crescent moon of Ramadan. This is mentioned in Al-Mirqat. This is also found in Al-Durr Al-Mukhtar, Rad Al-Muhtar, and Al-‘Alamgiriyyah.

³ The statement: "They should fast tomorrow." In Al-Mirqat, it is said: "The lack of restriction to Ramadan indicates our position that it is valid to perform it with the intention of general fasting."

¹ The statement: "I had seen it." This also indicates that the testimony of one person is accepted for the crescent moon of Ramadan.