Hilal Sighting and Difference of Opinion on the Start of the Month
Every year, on the occasion of the Hilal of Eid and the Hilal of Ramadan, the issue of difference of opinion on the start of the month arises. Therefore, a brief statement on this matter is as follows:
Hilal Sighting of Ramadan and Eid:
The beginning of any Arabic month can only be established in two ways.
Firstly: sighting of the crescent.
Secondly: completion of the current month.
For example, if the crescent of Ramadan is sighted, then the next day will be a fast, even if only twenty-nine (29) days of Sha’ban have passed. And if on the twenty-ninth (29th) of Sha’ban the sky is cloudy or for any reason the crescent is not sighted, then the count of Sha’ban will be completed to thirty (30) days, and the fast will be on the next day whether the crescent is sighted or not. Similarly, if on the twenty-ninth (29th) of Ramadan the crescent is not sighted or is obscured by clouds, then the count of Ramadan will be completed to thirty (30) days, and the next day will definitely be Eid. We must end Ramadan in the evening whether the crescent is sighted or not, and if on the evening of the twenty-ninth (29th) of Ramadan the crescent is sighted, then the next day will be the first of Shawwal, the day of Eid al-Fitr.
This principle is based on the Prophetic saying recorded in Sahih Bukhari and Muslim, Nasa’i, and Musnad Ahmad in which the Prophet Muhammad (peace be upon him) said:
لا تصوموا حتى تروا الهلال ولا تفطروا حتى تروه، فإن غم عليكم فاقدروا له (وفي رواية) فأكملوا العدة ثلاثين
“Do not start fasting until you see the crescent of Ramadan, and do not break your fast (celebrate Eid al-Fitr) until you see it (the crescent of Eid), and if it is not seen (due to clouds or rain), then complete the count. (And in another narration, it is explained that) complete the count of the current month Sha’ban to thirty (30) days.”
Testimony of the sighting of the Ramadan crescent:
It should also be kept in mind here that in the sighting of the crescent, it is not a condition that every person must see the moon with their own eyes to fast or celebrate Eid. Rather, for fasting, if a sane, adult, virtuous, truthful, and sharp-sighted person testifies that he has seen the moon, then fasting becomes obligatory based on his testimony, as narrated by Abu Dawood, Ibn Hibban, Mustadrak Hakim, Darimi, and Bayhaqi from Hazrat Abdullah bin Umar (may Allah be pleased with them):
تراءى الناس الهلال فأخبرت رسول الله صلى الله عليه وسلم إني رأيته فصام وأمر الناس بصيامه
People tried to sight the moon, and I informed the Prophet (peace be upon him) that I had seen the moon. The Prophet (peace be upon him) himself fasted and ordered the people to fast as well.
This is the case of the testimony of a well-known person, but if a person is unknown, and his major sins or righteousness are not known, then according to a hadith, after demanding the testimony of Tawheed and Risalah from him, his testimony can be accepted. As narrated in the four Sunan, Dar Qutni, Ibn Hibban, Bayhaqi, Mustadrak Hakim, and Darimi, there is a hadith in which a man (Bedouin) informed the Prophet (peace be upon him) that he had seen the moon. The Prophet (peace be upon him) asked him to testify to the oneness of Allah and the prophethood. He testified that there is no deity worthy of worship except Allah and that Muhammad (peace be upon him) is the Messenger of Allah. Then the Prophet (peace be upon him) ordered Hazrat Bilal (may Allah be pleased with him):
يا بلال أذن فى الناس فليصوموا غدا
“O Bilal! Announce among the people that they should fast tomorrow.”
The beginning of Ramadan being established by the testimony of only one witness is the position of the majority of scholars, including Imam Ibn al-Mubarak, and according to the famous opinion, Imam Shafi’i, Imam Ahmad ibn Hanbal, and the Hanafis are also included.
Testimony of the Crescent Moon Sighting for Eid:
The situation regarding the sighting of the crescent of Eid is similar to that of the crescent of Ramadan, except that for the beginning of Ramadan or to start fasting, the testimony of only one Muslim is sufficient, whereas for the end of Ramadan or the sighting of the Eid crescent, the testimony of two witnesses is necessary. This is mentioned in Abu Dawood, Nasa’i, Dar Qutni, and Musnad Ahmad, where an incident from the time of the Prophet is narrated: once on the evening of the 29th of Ramadan, the moon was not sighted, so people fasted on the 30th day. During the day, two Bedouins came and testified that they had seen the moon at night, so the Prophet (peace be upon him) ordered the people to break their fast.
This hadith and some other similar hadiths
are used as evidence that for the Eid crescent, the testimony of two men is necessary, and among those who hold this view are the four Imams, and they also have another opinion.
Although some scholars have said that for both cases one testimony is sufficient, and some have said that for both cases two testimonies are necessary. The opinion that the testimony of only one just witness is sufficient for the confirmation of the Eid crescent is that of Imam Abu Thawr, which Imam Shawkani has declared apparent.
However, they do not have any authentic and Marfu‘ hadith-based evidence. There is only a narration attributed to ‘Abd al-Rahman ibn Abi Layla, which is Faruqi and found in Musnad Ahmad and Bazzar, in which he states that he was with Hazrat Umar Farooq (may Allah be pleased with him) when a man came and said that he had seen the Shawwal crescent, so Hazrat Umar (may Allah be pleased with him) said:
يا أيها الناس افطروا
O people! Break your fast.
But firstly, this narration is not a Marfu‘ hadith, and secondly, it is not proven with an authentic chain either. Rather, Allama Baishami, after quoting it in Majma‘ al-Zawa’id, wrote:
In its chain is a narrator named ‘Abd al-A‘la Thalabi, about whom Imam Nasa’i said that he is not strong; however, his hadith will be recorded, and other scholars of hadith have declared it weak.
Therefore, this is not a valid proof. The detailed reasoning that Imam Shawkani (may Allah have mercy on him) adopted in support of this can be seen in Nayl al-Awtar.
As for those who say that for both Ramadan and Eid, two witnesses are necessary for the confirmation of the crescent, their evidence is the hadith narrated from Hazrat ‘Abd al-Rahman ibn Zaid ibn Khattab (may Allah be pleased with him) in Nasa’i, Dar Qutni, and Musnad Ahmad, in which the Prophet (peace be upon him) said:
فإن شهد شاهدان فصوموا وافطروا .
In Musnad Ahmad, after شاهدان, there is also مسلمان, and in Dar Qutni there is ذوا عدل.
If two witnesses who are Muslims and just testify that they have seen the moon, then fast and break your fast (Eid) based on their testimony.
This hadith is also supported by the hadith of Abu Dawood and Dar Qutni in which the Amir of Makkah, Harith ibn Hatib (may Allah be pleased with him), narrates:
عهد إلينا رسول الله صلى الله عليه وسلم أن ننسك للرؤية فإن لم نره وشهد شاهدا عدل نسكنا بشهاد تهما .
The Prophet (peace be upon him) ordered us to act upon the sighting of the crescent, and if the moon is not sighted but two just witnesses testify, then act upon that.
In these hadiths, two witnesses are mentioned for the confirmation of both Ramadan and Eid, but regarding Ramadan, since there are narrations from Hazrat Ibn Umar (may Allah be pleased with both of them) and other companions (may Allah be pleased with them) that fasting was observed based on the testimony of only one witness, the difference between these two occasions became clear. The hadiths mentioning two witnesses imply from their meaning that fasting should not be observed based on one testimony, whereas the explicit wording and meaning of the hadiths permitting fasting based on one testimony indicate that one testimony is sufficient for that occasion. The indication from the meaning outweighs the explicit wording; therefore, one testimony is sufficient for the confirmation of Ramadan.
Decisive Point:
The reconciliation and application between these various statements and hadiths can be made in such a way, and this is also the decisive point, that for fasting one witness is more plausible, and for Eid two witnesses are required. This is because fasting is felt as a burden or hardship, and there is no likelihood of doubt in giving testimony for it, whereas the sighting of the Eid moon brings happiness, and there is a possibility of doubt in the testimony of one person. Therefore, the ruling of two men’s testimony is appropriate for it.
فتاوى علماء حديث /193/6 مؤلف: مولانا على محمد سعيدي ، اطلاع ارباب الكمال مولانا عبدالعزيز نورستاني ص73. مكتبه ايوبيه، كراچي.
A Rare Situation:
If the moon is not sighted and there is no testimony, then the count of thirty (30) days should be completed. And if there is any testimony that is not legally valid, then the one giving such testimony, even if truthful in reality, should not act on his sighting alone but should stay with the rest of the people. He should fast on the day when everyone else fasts and celebrate Eid on the day when everyone else celebrates Eid. The same ruling applies to the sacrifice and Eid al-Adha because Abu Dawood, Tirmidhi, Ibn Majah, Al-Bayhaqi, and Dar Qutni have narrated the hadith:
الصوم يوم تصومون والفطر يوم تفطرون والأضحى يوم تضحون.
“The day of fasting is the day when you all fast, and the day of Eid is the day when you all celebrate Eid, and the day of Eid al-Adha and sacrifice is the day when you all perform the sacrifice.”
From this hadith, it is also understood that if for some reason the first fast could not be observed and the crescent of Eid is sighted after completing twenty-eight fasts, as happened once in previous years in some Arab countries (the Gulf states and Saudi Arabia), then Eid should be celebrated together with all Muslims. One should not insist on fasting the nineteenth day unnecessarily on the day of Muslims’ Eid. However, since it is unanimously agreed that no Arabic month can be less than twenty-nine days, everyone should observe one day of qada (make-up fast) after Eid to compensate for the missed fast and also to participate in the collective joy of Muslims’ Eid. And since the moon has been sighted, the hadith of the Prophet Muhammad (peace be upon him) recorded in Sahihayn and Sunan will also be applicable:
صوموا لرؤيته وافطروا لرؤيته.
In this regard, several fatwas were issued this year by prominent scholars stating the same point.
Sightings from Other Locations:
If the people of one place try to sight the Ramadan or Eid moon but cannot see it due to clouds, rain, or dust, and in another place the sky is clear and the moon is sighted, and news is received from there via telephone, telegram (wire), fax, or email that the moon has been sighted, then the telephone report is extremely clear and will be trusted because it is not difficult to identify the person giving the news. However, regarding telegrams, etc., the opinions of the jurists vary considerably or are detailed, the summary of which is that just as we consider news reliable in our worldly matters, similarly if multiple telegrams, etc., come from many people reaching the level of mass transmission (tawatur) and the news becomes certain, then that telegram news will also be reliable. The same applies to nearby radio and TV news. If a moon sighting committee formed by a Muslim organization in any Islamic or non-Muslim country announces the sighting of the moon (even if the announcement is made by a non-Muslim announcer on their behalf), it becomes a Shariah proof for the people living in nearby areas of that country or neighboring countries. If it is the crescent of Ramadan, they can fast, and if it is the crescent of Shawwal, they can celebrate Eid. In this regard, upon receiving news of the moon, the teaching of the Prophet Muhammad (peace be upon him) to Hazrat Bilal (may Allah be pleased with him) to announce the fast with the words أذن فى الناس فليصوموا غدا. (references have passed) in the hadith of Sunan al-Arba’ah and al-Darimi is noteworthy as an official announcement.
Validity of Differences in Interpretation:
But here an important point should be kept in mind that news through radio, TV, telephone, telegram, fax, email, Facebook, Twitter, or the internet reaches all corners of the world within moments, so if the moon is sighted anywhere and the news reaches everywhere, will it become obligatory for all those people to fast or celebrate Eid?
This is a highly debated issue known as “Ikhtilaf-e-Matla” (difference of moon sighting) which has been well-known among great hadith scholars and jurists since ancient times. Scholars have written extensive discussions on this topic, filling books of hadith commentary and jurisprudence, and they have done justice to clarifying this issue. The summary of all these researches, which can be called “Itr-e-Gul” (essence), is that:
The moon’s appearance or time of rising cannot be the same throughout the world; rather, in some countries, the moon can be sighted in the evening while in other distant countries it may not be sighted on the same day. This has become an established fact. Therefore, the difference of moon sighting will be accepted, meaning it is not necessary that the day on which Saudi Arabia and nearby Gulf states or countries fast or celebrate Eid, the same day must be observed in Pakistan, India, and other distant countries of the world. Nor is it necessary that the day Iran and Afghanistan fast or celebrate Eid, the same day must be observed in India and Bangladesh. Rather, each country has its own moon sighting, and the people living there are bound by that. This has also been accepted by the Hanafis.
Distance for Difference in Recitation:
It is also noteworthy here how great the distance is that the moon can be sighted on different days in two places or countries? And will the sighting be counted separately for countries located at this distance? Regarding this distance and travel, scholars and experts have expressed various opinions. Some have broadly written that Iraq, Hejaz, and Sham are such countries located at such a distance that the sighting of one country is not sufficient for the people of the other, nor are they obliged to celebrate Eid or fast based on the sighting in the other country. Rather, each of these three countries will rely on its own sighting. The statement of Hazrat Ikrimah, may Allah have mercy on him:
الكل أهل بلد رؤيتهم.
“Every country has its own sighting.”
means that such countries have their own independent sighting.
Further clarification of this general distance or separation is provided by the fact that experts in astronomy and geography say that if the moon is eight degrees above the horizon at sunset in a country, it will remain visible for thirty (30) minutes after sunset. Such a moon will definitely be present up to five hundred sixty (560) or five hundred (500) miles eastward from the sighting location. So, wherever the moon is sighted, the crescent moon’s rising will be valid up to five hundred sixty (560) or at least five hundred (500) miles eastward from there. Beyond this, crescent moon sighting will not be valid, and to the west of the sighting location, crescent moon sighting will be absolutely valid.
Sheikh al-Islam Imam Ibn Taymiyyah, may Allah have mercy on him, also pointed out this aspect, stating that if the moon is sighted in the east, then its rising is necessary in the west, but if it is sighted in the west, it is not necessary that it will be seen in the east as well.
In the view of the scholars and jurists of the Hanafi school:
The renowned Hanafi scholar and researcher of the Indian subcontinent, Maulana Abdul Ha’i Lakhnawi, may Allah have mercy on him, has elaborated extensively on this topic and has also quoted excerpts from various jurists’ books. For example, he quotes the author of the book “Maraqi al-Falah” in his own words regarding the theory of difference in horizons (ikhtilaf al-matali’) as follows:
وقيل يختلف ثبوته باختلاف المطالع واختاره صاحب التجريد، كما إذا زالت الشمس عند قوم وغربت عند غيرهم – فالشهر على الأولين لا المغرب لعدم إنعقاد السبب فى حقهم.
Some people hold the opinion that due to the difference in horizons, there can also be a difference in the proof of moon sighting. The author of Tajrid al-Quduri has preferred this view, as when the sun sets for some people and others still see it above the horizon, the former have Dhuhr prayer and not Maghrib, because the cause for Maghrib has not been established for them.
On the margin of “Maraqi al-Falah,” Allama Tahtawi writes:
وهو الأشبه لأن انفصال الهلال من شعاع الشمس يختلف باختلاف الأقطار كما فى دخول الوقت وخروجه وهذا مثبت فى علم الأفلاك والهيئة وأقل ما اختلف المطالع مسيرة شهر كما فى الجواهر.
This opinion is more correct because the separation of the moon from the sun’s rays changes with the change of locations, just as the timings of prayers vary, and this is a proven fact according to astronomy and the science of celestial bodies. At least, according to the book Jawahir, the distance at which the difference in horizons occurs is about one month’s travel.
In Fatawa Tatarkhaniya, it is stated:
أهل بلدة إذا رأوا الهلال هل يلزم فى حق كل بلدة اختلف فيه؟ فمنهم من قال: لا يلزم وفي القدوري إن كان بين البلدتين تفاوت لا يختلف به المطالع يلزمه.
If the people of one city sight the moon, does it become obligatory for all other cities to accept it? There is a difference of opinion. Some say it is not obligatory, and in Quduri it is stated that if the difference and distance between two cities is such that the horizon does not change, then in that case the sighting is obligatory.
The author of Hidayah writes in another book, “Mukhtarat al-Nawazil”:
أهل بلدة صاموا تسعة وعشرين يوما بالرؤية وأهل بلدة أخرى صاموا ثلاثين بالرؤية فعلى الأولين قضاء إذا لم يختلف المطالع بينهما، أما إذا اختلف لا يجب القضاء.
If the people of one city fast 29 days after moon sighting and the people of another city fast 30 days based on the moon, then if there is no difference in horizon between these two cities, those who fasted 29 days should make up one day of Qadha (missed fast). But if the horizons of the two cities are separate, then there is no need for Qadha.
The famous Hanafi muhaddith Allama Zil’i has discussed the topic of difference in horizons in detail in his commentary on Kanz al-Daqa’iq titled “Tabyin al-Haqa’iq,” and after quoting the differences among Hanafi jurists, he himself decided:
الأشبه أن يعتبر لأن كل قوم مخاطبون بما عندهم وانفصال الهلال عن شعاع الشمس يختلف باختلاف المطالع كما فى دخول وقت الصلاة وخروجه يختلف باختلاف الأقطار.
“The more correct view is that the difference in horizons is valid because every nation and group is addressed according to what is presented to them, and the separation of the moon from the sun’s rays varies differently from the difference in horizons, just as the beginning and end times of prayers vary due to differences in locations.”
After detailed discussion on this topic and quoting from jurists’ books, Allama Lakhnawi, may Allah have mercy on him, issued the following well-considered verdict in his own words:
اصح المذاهب عقلا و نقلا هميں است كه هر دو بلده كه فيما بينهما مسافتي باشد كه در آن اختلاف مطالع مي شود و تنديرش مسافت يك ماه است دريي صورت حكم رؤيت يك بلده به بلده ديگر نخواهد شد و در بلاد متقاربه كه مسافت كم از كم يك ماه داشته باشند حكم رؤيت يك بلده ديگر لازم خواهد شد.
From both reason and transmitted knowledge, the most correct approach is that for two cities separated by such a distance that their horizons differ — estimated as a one-month travel distance — the moon sighting of one city should not be considered valid for the other. For nearby cities separated by less than a one-month travel distance, the moon sighting of one city should be obligatory and valid for the other.
The author of Jadeed Fiqhi Masail, Maulana Khalid Saifullah Rahmani (Fazil Deoband), wrote that in his opinion, this view is very moderate, balanced, and reasonable. However, instead of restricting the limits of difference in horizons to a one-month travel distance, it would be more appropriate to rely on the calculations and opinions of modern astronomers.
The Shariah Research Council of Nadwatul Ulama, Lucknow, held a meeting on 3rd and 4th February 1967, attended by scholars and representatives from various schools of thought. They deliberated on all aspects of the issue of “moon sighting” and made decisions, one of which was that “Bilad Qaribah” (nearby lands) are those cities where generally there is no difference of one day in moon sighting (i.e., the moon is sighted on the same evening). Jurists have classified cities located about a one-month travel distance, approximately five to six hundred miles apart, as “Bilad Ba’idah” (distant lands), whose moon sighting is considered separate — the moon may be sighted in one place but not in another. Cities separated by less distance are considered “Bilad Qaribah,” where the moon sighting of one city is sufficient and valid for the other. It was also decided that the council sees the need for a chart to determine how far the horizon (the place of moonrise or moon sighting) changes and which countries share the same horizon. Most parts of Pakistan and India and some nearby countries like Nepal share the same horizon. The practice of scholars of Pakistan and India has always been based on this, and experience also confirms this. The distances between cities in these countries are not so great as to cause a one-day difference in the month. However, countries like Egypt and Hijaz have horizons different from Pakistan and India due to distance, so there is a one-day difference in the moonrise (moon sighting) between these countries and Pakistan and India. Therefore, the moon sighting of these countries is not obligatory for Pakistan and India.
The renowned scholar of the subcontinent, Maulana Muhammad Attaullah Hanif Bhujwani, wrote:
In India, the same difference is possible between Warangal, Pasli, Gori, and Madras, and between Hemysoor as well (as exists between different countries). India is one country, but the difference in altitude and lowlands is clear. The horizons of Shimla and Aboo and those of Calcutta and Chiraloki differ in their extent. The difference in longitude is such that the horizons of all these places cannot be the same.
Disorder and Chaos:
Regarding the issue of disagreement in the sighting of the moon, it should be clarified here that although there is disagreement among the Hanafis as well, the well-known Hanafi doctrine is that the disagreement in moon sighting is valid and this is the more correct view that it should be accepted. Even Maulana Abdul Hai and some other Hanafi scholars have also declared this to be correct. The confusion seen in the Hanafi doctrine regarding this issue becomes clearer by the fact that a modern Hanafi jurist has explicitly written that there is disagreement in moon sighting, and this issue is no longer theoretical but has been established through observation and experience that there is a difference in moon sighting in different parts of the world. Because we see that there are some places in the world between which there is a twelve-hour difference exactly at the time when it is midday at one place, it is already halfway through the night at another place. Exactly when it is Zuhr at one place, it is already Maghrib time at another place. Obviously, under these circumstances, the moon sighting at these places cannot be the same. Suppose that where it is Maghrib time, the moon is sighted; will the moon also be sighted where it is Zuhr time? Or will that place be considered Maghrib time?
The second issue related to the acceptance or rejection of disagreement in moon sighting is discussed after mentioning the famous Hanafi doctrine and the Shafi’i and other doctrines. Maulana Khalid Saifullah Rahmani writes:
It is very clear that everyone accepts the disagreement in moon sighting regarding the prayer times. If at one place the time for Zuhr or Isha has arrived and at another place it has not, then the people at the place where the time has not arrived cannot pray Zuhr or Isha merely because the time for these prayers has arrived at another place. Or if at one place it is the 28th day of the month and at another place it is the 29th, and the moon has been sighted there, the month will not be ended on the 28th day and Ramadan or Eid will not be declared the next day merely because the moon was sighted at the other place. Therefore, it is natural and extremely logical that the disagreement in moon sighting and accordingly the disagreement in Ramadan and Eid must be accepted.
Regarding the so-called “unity of Eid” propagated worldwide by some modernists for the “unity of the Ummah,” Maulana Ataullah Hanif Bhujvani (commentator of Nasai), Sheikh-ul-Hadith Maulana Muhammad Ismail Salafi (Amir of Central Jamaat, Pakistan), Maulana Abdul Quddus Hashmi Hanafi, Maulana Maududi, Maulana Abdul Majid Daryabadi, and Maulana Aziz Zubaidi have strongly refuted it in Al-I’tisam Lahore, Jasarat Karachi, Fikr-o-Nazar Islamabad, Muhaddith Lahore, and Tafseer Majdi.
For further details on the topics of moon sighting, unity of the Ummah, and disagreement in moon sighting, see:
② Nayl al-Awtar 2/194/4 – 195, published in Beirut
③ Fatawa Ibn Taymiyyah 25/103-114, published by the Saudi government
④ Fatawa Ulama-e-Hadith 6/120-207, published in Khanewal
⑤ Al-Fath al-Rabbani wa Sharhuhu 270/9 – 272, published in M
⑥ Itlaa’ Arbab al-Kamal ‘Ala Thubut Ru’yat al-Hilal’ pp. 4-76, author: Maulana Abdul Aziz Nooristani, published by Maktabah Ayubiyah, Karachi, Pakistan
⑦ Jadeed Fiqhi Masail, pp. 67-74, published in Hyderabad, India
Sometimes this also happens:
Sometimes it may happen that one of those living in the Gulf or other countries starts fasting according to their local sighting and a few days before Eid al-Fitr goes to Pakistan or India, etc., to celebrate Eid with their loved ones, while usually fasting starts there a day later.
Conversely, it is also possible that after fasting a few days in their own country, they come to the Arab countries where people have fasted a day earlier. In both these cases, sometimes only twenty-eight (28) fasts are observed together with others, and sometimes it can be thirty-one (31), neither of which is correct.
So what should be done?
The answer to the question arising from the above two cases is: “If a person starts fasting according to the local sighting of the moon in a certain place, and then travels to a country where the residents started fasting one day earlier, then that person should celebrate Eid al-Fitr with them and there is no need for him to make up a day of fasting in place of their earlier fast.”
If he travels to a country where the people started fasting one day later than him, there are different opinions about this:
“If he says that he alone should celebrate Eid al-Fitr (due to having fasted one day earlier), then it is like a single person seeing the moon alone; according to the famous opinion, he cannot break his fast (celebrate Eid) alone. And if he continues fasting with them, then his fasts (which would appear as thirty days there) will become thirty-one.”
Therefore, if the locals complete their fast and celebrate Eid, but due to delayed moon sighting and delayed start of Ramadan, his fasts remain only twenty-eight instead of complete, he should still celebrate Eid with those locals and later make up one day of fasting, because Ramadan cannot be only twenty-eight days in any case.
If due to early moon sighting and early start of Ramadan, his fasts become thirty, but the locals fast the next day according to their sighting, then he has the option to break his fast (i.e., not fast) but out of respect for Ramadan according to the local sighting, he should avoid eating and drinking publicly and if he wishes, he may fast with the locals merely as a voluntary fast. And this voluntary fasting is apparently the better option because the days of Ramadan cannot be thirty-one by consensus, and he has already completed his thirty fasts.
In this regard, Allama Ibn Baz (may Allah have mercy on him) issued a fatwa in response to a query, stating that if twenty-eight fasts remain, then it is necessary to fast the twenty-ninth day because no Arabic month is less than twenty-nine days. However, in the other case, if he has to fast the thirty-first day, he refers to the Prophetic saying:
الصوم يوم تصومون والإفطار يوم تفطرون.
“Fasting begins on the day when you all fast, and Eid is on the day when you all celebrate Eid.”
In light of this hadith, fasting the thirty-first day is also obligatory.
From this fatwa, it is understood that in this case, fasting the thirty-first day is not voluntary but obligatory, which contradicts his own statement that no Arabic month is less than twenty-nine days. Just as no Arabic month is less than twenty-nine days, it is also true that no Arabic month exceeds thirty days by consensus, as Allama Ibn Rushd has narrated the consensus of the Ummah on the minimum number of Ramadan fasts being twenty-nine and the maximum thirty.
Thus, this situation has become fully clear that fasting is preferable whether obligatory or voluntary.
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فجزاه الله خيرا فى الدنيا والآخرة.
Our friends have the honor of publishing it in a standard format and presenting it to their esteemed readers through Tauheed Publications, Bangalore.
We pray to Allah Almighty to make it a part of the good deeds of the author, the introducer, the publishers, and the helpers. آمين يا رب العالمين.
والسلام عليكم ورحمة الله وبركاته
Abu Adnan Muhammad Munir Qamar
Translator, General Court (Sharia Court) Al-Khobar
His well-wisher, collaborator, offices of expatriate communities Al-Khobar, Al-Rakah, Dammam (Saudi Arabia)