|
The
Consequence of Breaking the Fast of Ramadan:
Abu Hurairah reported that the Messenger of Allah, upon whom be
peace, said:
"Whoever breaks his fast during Ramadan without having one of
the excuses that Allah would excuse him for, then even a
perpetual fast, if he were to fast it, would not make up for
that day."
This is related by Abu Dawud, Ibn Majah, and atTirmidhi.
Al-Bukhari records from Abu Hurairah in marfu' form: "Whoever
breaks the fast of Ramadan without having a legitimate excuse or
being ill, he cannot make up for that day, even if he were to
undertake a perpetual fast." Ibn Mas'ud has also reported this.
Adh-Dhahabi says: "According to the established believers,
anyone who leaves the fast of Ramadan without being sick is
worse than a fornicator or an alcoholic. In fact, they doubt his
Islam and they suspect that he might be a zandiqah and one of
those who destroy [Islam].
The Arrival of Ramadan:
This event is confirmed by sighting the new moon, even if it is
seen by only one just person, or by the passage of thirty days
in the immediately preceding month of Sha'ban.
Ibn 'Umar said: "The people were looking for the new moon and
when I reported to the Messenger of Allah that I had seen it, he
fasted and ordered the people to fast." This is related by Abu
Dawud, al-Hakim, and Ibn Hibban, who declared it to be sahih.
Abu Hurairah reported that the Prophet instructed:
"Fast after you have seen it [the new crescent] and end the fast
[at the end of the month] when you see it. If it is hidden from
you, then wait until the thirty days of Sha'ban have passed."
This is related by al-Bukhari and Muslim.
Commenting on these reports, at-Tirmidhi states: "Most
knowledgeable people act in accordance with these reports. They
say that it is correct to accept the evidence of one person to
determine the beginning of the fast. This is the opinion of Ibn
alMubarak, ash-Shaf'i, and Ahmad. An-Nawawi says that it is the
soundest opinion. Concening the new moon of Shawwal [which
signifies the end of the fast], it is confirmed by completing
thirty days of Ramadan, and most jurists state that the new moon
must have been reported by at least two just witnesses. However,
Abu Thaur does not distinguish between the new moon of Shawwal
and the new moon of Ramadan. In both cases, he accepts the
evidence of only one just witness."
Ibn-Rushd comments that: "The opionion of Abu Bakr ibn
alMundhir,
which is also that of Abu Thaur and, I suspect, that of the
Dhahiri school of thought, is supported by the following
argument given by Abu Bakr al-Mundhiri: there is complete
agreement that breaking the fast is
obligatory, that abstaining from eating is based on one person's
report, and that the situation must be like that for the
beginning of the month and for the ending of the month, as both
of them are simply the signs that differentiate the time of
fasting from the time of not fasting."
Ash-Shaukani observes: "If there is nothing authentic recorded
that states that one may only accept two witnesses for the end
of the month, then it is apparent, by analogy, that one witness
is sufficient, as it is sufficient for the beginning of the
month. Furthermore, worship based on the acceptance of one
report points to the fact that such singular reports are
accepted in every matter unless there is some evidence that
specifies the peculiarity of specific cases, such as the number
of witnesses concerning matters of wealth, and so on. Apparently
this is the opinion of Abu Thaur."
Different Locations:
According to the majority of scholars, it does not matter if the
new moon has been sighted in a different location. In other
words, after the new moon is seen anywhere in the world, it
becomes obligatory for all Muslims to begin fasting, as the
Prophet said:
"Fast due to its sighting and
break the fast due to its sighting."
This hadith is a general address directed to the whole Muslim
world - that is, "if any one of you sees the moon in any place,
then that will be a sighting for all of the people."
According to 'Ikrimah, al-Qasim ibn Muhammad, Salim, Ishaq, the
correct opinion among the Hanafiyyah, and the chosen opinion
among the Shaf'iyyah, every "country" (or territory) is to take
into consideration its own sighting and not necessarily to
follow the sighting of others. This is based on what Kuraib
said: "While I was in ash-Sham, the new moon of Ramadan appeared
on Thursday night. I returned to Madinah at the end of the
month. There, Ibn 'Abbas asked me: 'When did you people see the
new moon?' I said: 'We saw it on Thursday night.' He said: 'Did
you see it yourself?' I said: 'Yes, the people saw it, and they
and Mu'awiyyyah fasted.' He said: 'But we saw it on Friday
night. We will not stop fasting until we complete thirty days or
until we see the new moon.' I said: 'Isn't Mu'awiyyah's sighting
and fasting sufficient for you?' He said: ‘No... This is the
order of the Messenger of Allah.' "This is related by Ahmad,
Muslim, and at-Tirmidhi.
About the hadith, at-Timmidhi says: "It is hassan sahih ghareeb.
Scholars act in accordance with this hadith. Every land has its
sighting." In Fath al-'Alam Sharh Bulugh al-Maram, it is stated:
The [opinion] closest [to the truth] is that each land follows
its sighting, as well as the areas that are connected to it."
Sighting of the Crescent by one Person:
The scholars of fiqh agree that if only one person sees the new
moon, he has to fast. 'Ata differs and says that he is not to
fast until someone else also sees the new moon with him. The
correct position is that he is to break the fast, as ash-Shaf'i
and Abu Thaur have ruled. The Prophet
Has based the fast and its breaking on the sighting of the moon.
One's own sight is enough for him and there is no need for
another person's sighting.
|