It is Waajib-e-Kifaayah to see the moon for five months

 

It is Waajib-e-Kifaayah to see (i.e. make effort to sight) the
moon for five months:
1. Sha’baan
2. Ramadaan
3. Shawwal
4. Ziqaddah
5. Zul-Hijjah

(It is Waajib to sight the moon of) Sha’baan, because if it is cloudy or
hazy when looking for the moon of Ramadaan, then you can complete
thirty days of Sha’baan and then commence Ramadaan. The sighting
of the moon of Ramadaan, is so that you may be able to keep the fasts
of Ramadaan, and the sighting of the moon of Shawwal is so that you
may end the fasting of Ramadaan, and the sighting of Ziqaddah is to
determine Zul-Hijjah, and the sighting of Zul-Hijjah is for Baqr Eid (i.e.
Eid ul Adha). [Fatawa Razviyah]

Law 2: On the evening of the twenty-ninth of Sha’baan, one should
look for the moon (of Ramadaan). If it is seen, then one should keep
fast on the following day; otherwise, one should complete thirty days
of Sha’baan and then commence the month of Ramadaan. [Alamgiri,
vol.1, pg.197]

Law 3: If someone saw the moon (crescent) of Ramadaan or Eid, but
his testimony was rejected due to some Shar’i reason; for example, if
he is a fasiq (transgressor), or if he saw the Eid moon alone, so the
a command for him is that he should fast, even though he saw the Eid

moon himself, and for him to break that fast is impermissible, but if he
does break it, there is no Kaffarah for it. If in this situation, it was the
moon of Ramadaan and according to his counting he completed had
completed thirty fasts, and then at the time of the Eid moon, again the
the sky was cloudy or hazy, then he too will be commanded to keep one

faster (like everyone else). [Alamgiri, vol.1, pg.198; Durr-e Mukhtar, vol.2, pg.122/123]
Law 4: He kept fast by sighting the moon alone, and then broke the
fast, or even if he gave testimony in the court of the Qadi, and the Qadi
has not as yet given the command on the basis of his testimony, and
he broke his fast, then even in this case, there is no Kaffarah for it. He
will only keep the Qaza for that fast. However, if the Qadi had accepted
his testimony and after that, he broke his fast, then the Kaffarah is
necessary, even if he is a faasiq. [Durr-e-Mukhtar, vol.1, pg.123]

Law 5: For a person who has knowledge of the Science of Astronomy,
to say that today the moon has been confirmed or not, on the basis of
astronomical knowledge, has no validity, even though he may be
‘Aadil’, and even though there are numerous people like this who can
say the same, because in Shariah the credibility is on the basis of
physical sighting of the moon and on the basis of testimony (as
stipulated by the Shariah). [Alamgiri, vol.1, pg.197]

Law 6: In every testimony, it is necessary to say, ‘I testify (or I give
testimony),’ because without saying this, it is not regarded as
‘Shahaadat.’ However, if it is cloudy, then for the moon of Ramadaan,
it is not necessary to say it. It is sufficient for him to say that ‘I saw
with my eyes the moon of this Ramadaan, today (or) yesterday, or on
such and such a day.’ Similarly, for this testimony, Da’wah (The Claim
of sighting) and Majlis e Qaza (Judicial Assembly) and the command of

the Haakim (Muslim Authority) is not a condition, to the extent that if
he gave gawaahi (i.e. presented testimony of his sighting) before any
Haakim, then whosoever heard his testimony and he apparently
knows that this person is ‘Aadil’, then for him to keep fast is
necessary, even though he has not heard the command of the Haakim,
for example, if he left before the Haakim gave the command. [Durr-e Mukhtar, vol.2, pg.123; Alamgiri, vol.1, pg.197]

Law 7: The confirmation for Ramadaan in cloudy and hazy weather is
valid even if presented by one Muslim who is Aaqil and Baaligh, and
who is Mastur or Aadil, be this a male or a female; be it a handmaid or
a slave, or even if it is someone who has been flogged for an accusation of
adultery, on condition that he has repented. Being ‘Aadil’ means that
at least he is pious, and he abstains from major sins, and he is not
persistent in committing minor sins, and he does not do such actions
which are contrary to civility, such as by eating in the marketplace
(whilst walking around). [Durr-e-Mukhtar, Raddul Muhtar, vol.2,
pg.123/124]

Law 8: If a Faasiq even gives Shahaadat to sighting the moon of
Ramadaan, his testimony is not worthy of being accepted. Now
remains the issue as to whether it is necessary upon him to give
testimony (if he saw the moon) or not? If he is optimistic that the Qadi
will accept his testimony, then in such a situation it is necessary for
him to go forth and testify. A Mastur is a Muslim who’s Zaahir, i.e.
outward appearance and conduct conform to the Shariah, but his
Baatin (innermost) condition is not known. Even his testimony is not
acceptable for other than Ramadaan. [Durr-e-Mukhtar, vol.2, pg.
123/124]

Law 9: For the Aadil person who has seen the moon of Ramadaan, it is
Waajib upon him to give the Shahaadat (of his sighting) on the same
night, to the extent that if a slave-girl or female who is in Pardah
(veiled) saw the moon, then for them to it is Waajib to go on the
same night to present their testimony. The slave-girl in this situation
does not require the permission of her master. Similarly, it is Waajib
upon a free woman to go forth and give Shahaadat (of her sighting),
and for this, she does not need to seek the permission of her husband.
However, this ruling is only applicable when the confirmation (of
moon sighting) is only dependent on her testimony and without her
giving testimony, the situation cannot be resolved; otherwise (if this is
not the case), what need is there (for her to go give testimony when
there are other witnesses)? [Durr-e-Mukhtar, Raddul Muhtar, vol.2,
pg.124]

Law 10: It is not necessary upon the person before whom testimony
is being presented, to ask, from where did you see the moon, and on
which side was the moon, and how was it (i.e. its appearance), and
how high was it etc. [Alamgiri, vol.1, pg?197] One should only question
the witness if his (or her) testimony is doubtful, especially for Eid,
because people tend to baselessly claim to have seen the moon (of
Eid).

Law 11: If the Imam (Badsha-e-Islam, i.e. the Muslim Ruler) or the
Qadi saw the moon, then he has the right (i.e. the choice) of either
personally giving the command for fasting, or he can appoint
someone to take his Shahaadat (testimony), and he can then give
Shahadat before that duly authorized official. [Alamgiri, vol.1, Pg.197]
Law 12: If the moon was seen in a rural area (i.e. like in a village) and
there is no one there before whom testimony can be given, then in

this case the village folk should be gathered together and Shahadat
should be given in front of them. If the person (giving testimony) is
Aadil, then it is necessary upon them to keep the fast. [Alamgiri, vol.1,
pg.197]

Law 13: If a person did not see the moon himself, but the person who
saw it (i.e. the primary witness) made him witness to his Shahaadat,
then the ruling concerning his (the secondary witness’s) Shahaadat is
the same as that of the actual primary witness who saw the moon,
whereas all the conditions of ‘Shahaadat alash Shahaadat’1 are
established. [Alamgiri, vol.1, pg.197, etc.]

Law 14: If the horizon (i.e. sky) is clear, then unless many people do
not give Shahaadat, the confirmation of sighting of the moon will not
be valid. Now, remains the issue as to how many people are required
for this? This is dependent on the Qadi. He will give the command
based on as many witnesses as it takes to allow him to be completely
satisfied unless the testimony was for the sighting of the moon from
the outskirts of the city, or from a high place, then in this case the
testimony from one Mastur even will be acceptable for the moon of
Ramadaan. [Durr-e-Mukhtar, vol.2, pg.126/127, etc.]
Law 15: ‘Jama’at-e-Katheera’ (a large group of Muslims) is only a
condition (pre-requisite), when Shahaadat is being passed for keeping
fast, or for Eid. For any other (judicial) issue, if two males or one male
and two females who are Thiqa (i.e. reliable and

________________________________________________________________________
1. Shahaadat alash Shahaadat is the testimony which is based on the testimony of primary witnesses
who have seen the moon and made the secondary witnesses, witness to their testimony.

trustworthy) have given Shahaadat, and the Qadi has given judgment
based on their Shahaadat, then this Shahaadat is now sufficient, and
will also be counted as being valid to commence fasting or to celebrate
Eid. For example, if one person made a claim against another person,
saying that the said person owes him such and such amount and the
time for payment was when Ramadaan comes, then he will pay what
he owes, but he is not paying this amount. The defendant says,
undoubtedly I owe him the said amount, and this was the time frame
stipulated, but Ramadaan has not as yet come. Now, on this the
plaintiff presented two witnesses who gave Shahaadat of having seen
the moon. The Qadi then gave the judgment that he (the defendant)
must pay the amount which he owes, so in this situation, even though
the sky was clear and only two witnesses testified, but in regards to
the commencing of the fast and concerning celebrating Eid, these two
testimonies will be regarded as being sufficient. [Durr-e-Mukhtar,
Raddul Muhtar, vol.1, pg.127/128]

Law 16: If the sky is clear here, but the sky (horizon) is not clear
elsewhere, and the Shahadat was given in front of the Qadi and the
Qadi gave judgment that that moon has been sighted. Now, if two or
few people from there came here where the horizon is clear, and
testified that, at the Court of a certain Qadi two people gave Shahadat
of having seen the moon on such and such night, and that Qadi gave
the judgment in our presence, and the condition of their Da’wah
(claim) is also established, then even the Qadi here will give the
judgment based on those Shahaadats. [Durr-e-Mukhtar, vol.2, pg.128]
Law 17: If few people come and say, that the moon was sighted at
such and such place, but even if they give Shahaadat that the moon

was sighted at such and such place, and even if they give this
Shahadat that such and such person and such and such person saw
the moon, and even if they give the Shahaadat saying, the Qadi of such
and such place has given the command to the people to commence
fasting, or end fasting; then it must be known that all these methods
are not sufficient.1 [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.128]
Law 18: If the sighting of the moon was confirmed in any city and
this has become famously known in the entire city and from there,
numerous Jama’ats come to another city and all of them gave this
‘Khabar’ (News/information) that on such and such day the moon was
sighted there, and based on Ruyat (sighting) the people there
commenced fasting on such and such day, then this has become
confirmation for those here (i.e. in this city as well). [Raddul Muhtar,
vol.2, pg.128]

Law 19: If the sky was cloudy on the night of the Ramadaan moon,
and if only one person gave Shahaadat and based on his Shahaadat the
command to fast was also given, then if the Eid moon is now not seen
due to cloudy weather, then Eid should be celebrated after completing
thirty fasts. Also, if the weather is clear, they should not make Eid,
unless Ramadaan was commenced with the confirmation of the testimony
by two Aadil witnesses. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,
pg.129]
________________________________________________________________________
1. The reason for this not being acceptable and being insufficient to confirm sighting is because
none of them was appointed as witnesses by those who saw the moon, thereby authorizing them to
testify based on the testimony of the primary eyewitness. They are merely giving Shahaadat that
the moon was seen there and this is not really testimony as they were not authorized to do this.

Law 20: If the weather is not clear, then with the exception of
Ramadaan, be it Shawwal or Zul-Hijjah or all the other months, two
males or one male and two females must give testimony, and all must
be Aadil, free-men (not slaves), and none of them should have been
charged and punished for an accusation of adultery, even if they have
repented. It is also a condition that when testifying, the witnesses
should say these words, I testify (or I bear testimony). [General Books,
Shaami, vol.2, pg.130]

Law 21: If two persons saw the Eid moon in a village (rural area), and
the sky is clear and there is none there before whom they may give
their testimony, they should do this in the presence of the village folk,
and if they (the witnesses) are Aadil, then Eid should be celebrated.
[Alamgiri, vol.1, pg.98]

Law 22: If the Imam or Qadi saw the Eid moon alone (i.e. by himself),
then for him to celebrate Eid or give the command of Eid is not
permissible. [Durr-e-Mukhtar, vol.2, pg.125, etc.]
Law 23: On the twenty-ninth of Ramadaan if some people gave this
Shahadat that we have seen the moon one day before, and based on
this today is the thirtieth, then in this case, if these people were here,
then their testimony will now not be acceptable, due to not giving
testimony on time (i.e. as they should have given the Shahaadat when
they saw it). However, if they were not here (i.e. it was seen
elsewhere), and they are Aadil, then their testimony will be accepted.
[Alamgiri, vol.1, pg.198]

Law 24: If the moon of Ramadaan was not seen, so they completed
thirty days of Sha’baan and then commenced fasting, and they had
only kept twenty-eight fasts, when the Eid moon had been seen, then

in this case, if after sighting the moon, Sha’baan was counted as thirty
days, then they should keep one fast (after Eid), and if even the moon
of Sha’baan was not seen, but they commenced the month of Sha’baan
only after completing thirty days of Rajab, then they should keep two
fasts Qaza (after Eid). [Alamgiri, vol.1, pg.199]

Law 25: If the moon was seen in the day before Zawaal or after,
either way, it will be counted as the moon of the following (next)
night. In other words, the month will commence from the night which
is to come. Therefore, if the moon was seen during the daytime of the
thirtieth Ramadaan, then this day is counted as being the day of
Ramadaan, and not the day of Shawwal, and to complete that fast is
Fard, and if it (the moon) was seen during the daytime on the thirtieth
of Sha’baan, then it is the day of Sha’baan, and not of Ramadaan, so
the fast of today (i.e. that day) will not be Fard. [Durr-e-Mukhtar,
Raddul Muhtar, vol.2, pg.131]

Law 26: If the moon was sighted at one place, then that sighting is
not only valid specifically for there, but it is for the entire world, but it
will only be authorized for some other place, when the moon is
confirmed for that day and date according to them, by way of proper
confirmation of the Shariah. In other words, they should receive the
testimony of actual eyewitness sighting, or Shahaadat of the
command of the Qadi or numerous Jama’ats (groups) should
personally come from there and give Khabar that the moon was
sighted at such and such place and the people there have kept fast or
celebrated Eid.1
[Durr-e-Mukhtar, vol.2, pg.132]
________________________________________________________________________
1: In other words, the Shahaadat from the East is even acceptable in the west and vice versa, on
a condition that it reaches from one place to the other based on proper testimony as stipulated by
the Shariah, and not by impermissible means.

Law 27: Ruyat e Hilaal (Confirmation of Moonsighting) cannot be
proved through telegram and telephone, and neither is it accepted by
way of rumors, and it is printed in calendars and newspapers is
also not regarded as any (valid) proof and confirmation (of sighting).
In this day and age, it is commonly seen that on the twenty-ninth of
Ramadaan many telegraphs are sent from one place to another, asking
if the moon was sighted or not. If the telegraph comes from anywhere
(saying that the moon was sighted) then that’s it, Eid has come. This is
simply impermissible and Haraam. What is a telegram? Firstly, it
cannot be confirmed whether it is definitely from the person whose
name is written in it, and let us assume that it is from him, then what
proof do you have of this, and even if this too is proper, then
telegrams generally have too many mistakes. Yes, instead of No, and
No instead of Yes is a common mistake. Let’s accept (hypothetically)
that the message came through completely correct, it must be noted
that this is merely a kind of news (or information), and it is not
Shahadat (Testimony), and that to (it has reached) you through
scores of different channels. If the one sending the telegram is not
literate in English, then he will have to get the telegram written by
someone else. How can we know what he asked him to write and what
he really wrote! It was given to a person who in turn gave it to the
telegraph operator. It now reached the telegram office here, so it was
given to the delivery person. What if he gave it to someone else, then
in this case we cannot count how many people it has gone through
before he received it, and even if he gave it to the rightful person,
then too how many channels has it come through. Now take note of
this, that the testimony of a Muslim Mastur, regarding whom it is not
known whether he is Aadil or Faasiq, is not acceptable, so all the
channels (hands) through which the telegram reached you, would all
of them have been Muslims?

This is a rational probability, the reality of which remains unknown.
Additionally, if the one who is receiving the telegraph does not know
English, he too will get someone else to read it. If an unbeliever has
read it (to him), then what credibility is there in this? Also, if a Muslim
read it, how convinced are we that he read it correctly? If we add up
the concerns, there are many such reasons which cause one to lose
conviction in the telegram. The Fuqaha (Jurists) have not given any
credibility to a letter, even if one recognizes the writing and the
signature of the writer, and even if it has his seal (stamp) on it, on the
basis of الخاتم شبہ والخاتم الخط شبہ الخط’ A letter is alike to a letter, and a seal is
alike to a seal.’ Therefore, what about a telegram! اعلم وااللهٰ
Allah And (عا ي
Knows Best).
Law 28: To sight the moon and to then point towards it with the
finger is Makruh, even if you do this to show it to another person.
[Alamgiri, vol.1, pg.197; Durr-e-Mukhtar, vol.2, pg.132]
________________________________________________________________________
Note: The issue of the telegraph was in the time of Sadrush Shariah (Alaihir Rahma) and systems
and times have changed with technology, but the basis is still the same. Hence, telephonic, video
, and other messages or calls are not valid to confirm Shahadat. We should thus abstain from
following our desires, but we should strictly adhere to the Shariah as there is nothing more
convenient and easier than the Shariah. If you see the moon, make Eid, if you do not, complete
30 days. Is this not the simplest and best method? Today, there is the issue of all having Eid on
the same day. This is not necessary for Shariah. There is no law in Shariah about a unified Eid.
It is about celebrating Eid based on proper testimony of sighting, even though in one country Eid
happens on different days in different cities due to not having received proper Shahadat. The
criteria are proper sighting and proper testimony. [Razvi Noori]

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