When the crescent is not sighted after 30 days

When the crescent is not sighted after 30 days
Questions & Answers

When the crescent is not sighted after 30 days

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  • masjidmuhammad
  • Mar 16, 2021

Questio:
Thirty days of Ramadan were completed and the crescent was not
sighted despite the horizon being clear. Will there be ‛id the next day?

Answer:

If the sighting of the crescent was established by the testimony of one
person, and after the passage of 30 days of Ramadan the crescent was
not sighted, then as per the correct view, the next day will not be ‛3d.
Instead, it will be necessary to fast because the testimony proved to be
against the obvious, and is therefore rejected.

If the sighting was established by the testimony of two persons, then
the correct view as per al-Fatawa al-Hindayyah, the next day will be ‛id.
‛Allamah Shami rahimahullah also makes mention of this. However, in
the light of the statements of al-Bahr ar-Ra’iq and Tanqih al-Fatawa al-
Himidiyyah (which was written after Shami), the view contained in al-
Fatawa al-Hindiyyah is not preferred. This is because ‛Allamah Ibn
Nujaym rahimahullah and ‛Allamah Shami rahimahullah said: More than
one person gave testimony, then after the passage of 30 days the
crescent was not sighted despite the horizon being clear, then this
testimony will be classified as shahadat-e-z’r (a false testimony) and it
will be necessary to fast the next day. Furthermore, the view of al-
Fatawa al-Hindiyyah goes against the Hadith which states that a month
is either 29 or 30 days. When 30 days passed and the horizon is clear,
and the crescent is not sighted, it means that the month has now
become 31 days, and this cannot happen. Therefore the preferred view
is that the previous testimony was not correct.

The above ruling applies when 30 days of fasting are completed, the
horizon is clear and the crescent is still not sighted. However, if the
horizon is cloudy and unclear, and the crescent is not sighted, then all scholars concur that it is permissible to observe ‛id the next day.

From the above we learn that if after 30 days pass, the crescent is not
sighted despite the horizon being clear, then the previous testimony
will be classified as a false testimony, and it will be necessary to keep
the 31st fast.

A point to bear in mind is that Tanqih al-Fatawa was written after Radd
al-Muhtar. The following is stated in the introduction:

Thus, the view that fasting should not be stopped will be preferred.
‛Allamah Ibn Nujaym Misr3 rahimahullah writes the same thing in al-
Bahr ar-Ra’iq:

In the above text the word shahid’ is in the plural form. This shows
that the word shahida (singular form) in Tanqih is unknown. In other
words, if Ramadan is established through the testimony of one person
or many persons, it will still be classified as a false testimony and it
will be necessary to keep the 31st fast.

Allah ta‛ala knows best.

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