AAWW,
Can anyone provide any evidence to substantiate that its valid to accept helal testimony BEFORE sunset
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AAWW,
Can anyone provide any evidence to substantiate that its valid to accept helal testimony BEFORE sunset
I had asked our Ulama-e-Kiraam to elaborate on the matter many moon ago. There are three issues which need some explanation (in my humble view):
Points 2 & 3 are differed within by Fuqaha so each needs to be discussed individually and the ruling of the (Hanafi & Hanbali) both Madhabs explained.
Jazakullah Khairun
Added Translation from Muwatta and Athar sent to a Maliki Scholar to comment on
Yahya related to me from Malik that he had heard that once in the time of 'Uthman ibn 'Affan the new moon was seen in the afternoon but 'Uthman did not break his fast until evening had come and the sun had set.
Yahya said that he had heard Malik say that someone who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan.
He added, "Someone who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the trustworthiness of someone among them who breaks the fast. Such people should say when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming."
Yahya said that he heard Malik say, "If people are fasting on the Day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty-first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the 'Id prayer if they hear the news after the sun has begun to decline."
this doesnt give the daleel for the answer given > darulifta-deoband.org/showuserview.do?function=answerView...
Question: 8393 United Kingdom of Great Britain Assalamolaikum I would like to ask what is the position of shariah with regards to sighting the hilal just before sunset as according to astronomers a crescent can at times be sighted by naked eye before the sun sets. Is it valid if sighted before sunset to determine the new month? or is it necessary to sight it after sunset?
Answer: 8393 Jun 24,2009 (Fatwa: 1350/1134=L/1429) Please, ignore the fatwa that was written under the code mentioned above. (Fatwa: 1002/L=200/TL/1430)
The valid moon sighting is one occuring after sunset. If moon was sighted on 29th day before sunset, it will not be considered valid and thus based upon such sighting the next day will not be regarded as Ramadhan day or Eid day.
Allah (Subhana Wa Ta'ala) knows Best
Darul Ifta, Darul Uloom Deoband
Response from a Maliki Scholar (paraphrasing)
This is what I have found in the commentary of Al-Zurqani (Maliki) on the Muwatta, as well as in Hazrat Shaykh's Awjazul-Masalik, in summary:
Response from a Hanafi Scholar:
Respected Brother Muadh,
If the moon was sighted on the 30th before Zawal, then this moon will be regarded from the previous day but if the moon was sighted after Zawal, then this moon will belong to the following day. The words following day doesn't mean that the sighting has been regarded as valid, it only means that it doesn't belong to the previous day and there is no doubt, that after completing 30 days, regardless of sighting the moon or not, the new month will start after sunset.
وما نقلناه من هذه النصوص دال على ما قلناه من أن قولهم أنه للليلة المقبلة بمعنى أنه ليس للليلة الماضية لا بمعنى أنا نثبت دخول الشهر بهذه الرؤية وإلا ناقض قولهم لا أثر لرؤيته نهارا على أن الكلام فى رؤيته يوم الثلاثين من شعبان أو رمضان ولا شك أن الليلة التى بعده تكون من الشهر الآخر سواء رؤى نهارا أو لا. ص244 رسائل ابن عابدين
Can claims made by people with “super eye sight” be accepted?
[Al-Subki] also said, “Consideration is for the sighting of the person with normal sight, because this [factor] is that in which people are common and difference can be alleviated. No consideration is given to the sighting of only the very sharp-sighted, because [such people] are rarer than astronomers. Therefore, [their sighting alone] will not be a rule of thumb [for establishing the crescent]. Agreement upon [such people's sighting alone] would not be possible, nor is there any certainty or [even] confidence therein except in the situation of cloudiness, combined with the judiciousness of the witnesses, while their testimony does not conflict with definite knowledge [achieved via definite calculations]” (p. 392)
وقال أيضاً : والعبرة برؤية معتدل البصر ، لأنه هو الذي يشترك فيه الناس ويرتفع به الخلاف ولا عبرة برؤية حديد البصر وحده ، لأنه من العالم بالحساب ، فلا يكـون مناطاً عاماً ولا يمكن معه اتفاق وليس فيه قطع ولا ظن غالب إلا في حالة الإغمام مع عدالة الشهود ، وعدم مخالفة شهادتهم للعلم القطعي . ص 392
والسلام
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www.muftisays.com/blog/Muadh_Khan/3340_16-06-2013/the-iss...
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