Book Name : Zaad ul Mustaqni (Book of Fasting)
Dars by Ustaadh Hadi Hammad.
Class 2 (Wednesday 10 June 2015)
قال رحمه الله : .وإن رؤي نهارا : فهو لليلة المقبلة If the crescent moon(hilaal) is sighted during the day : then it belongs to the following night.
The Author رحمه الله speaks over here regarding a matter which is seeing the Hilaal in the day time. Is it considered to be belonging for the following night or is it considered to be belonging to the night before? And seeing it in the day time is of 2 types:
- If it is seen (meaning the Hilaal) after the (Zawaal) زوال :We mentioned the meaning of زوال and how it is known in our explanation on Bulughul-Maram – in the أبواب of the Times of the Salaah. And the زوال is the time where the obligation of Dhuhr Salaah enters. If the Hilaal is seen after the Dhuhr time have entered, then the scholars agreed that the month starts the next day meaning that this Hilaal belongs to the following night and not to the previous night. Ya’nee if a people eat and drink and then the next day they fast. All of the people see this Hilaal in the 30th day of Ramadhaan after Dhuhr for they do not break their fast rather they continue because it is for the following night and not to the previous one.
- As for if it is seen before the زوال : then some of the ‘Olamah they said, ”It is for the previous night”. Ya’nee if this sight, this seeing was in the beginning of the month then it is the beginning of Ramadhaan and if the seeing was in the end of the month. Like the example i mentioned for you before, then they break their fast and they have their ‘Eed. Ya’nee they fasted 29 Days and they woke-up for the 30th day and in the morning they just woke-up before Dhuhr time they saw the Hilaal. For they break their fasts and this is their day of ‘Eed. And the majority of the ‘Olamah they said ,”No, this sighting even if it is before the زوال, it is still for the following night. ” And this is what the author mentioned over here to be the Madhab of Imaam Ahmed رحمه الله and they quoted as an evidence what was narrated by ‘Abdurrazzaq and Daaruqutni and Al-Bayhaqi and others from the authority of Abu Waael: He said the letter of ‘Omar ibn Khattab came to us while we were in Khaaneqeen(City in ‘Iraaq) that some of the crescents are bigger then the other. So, if you see the Hilaal (ya’nee in the day time) then do not break your fast till the مساء (ya’nee break your fast normally at the time of Maghrib and your ‘Eed is the next day or if it was not the end of Ramadhaan your Ramadhaan is next day ya’nee if was in the beginning of Ramadhan. He said unless two Muslim men witness that they saw it last night.
And the Majority of ‘Olamah they said, ”differentiating between seeing it before the زوال or after the زوال is not based neither on the كتاب nor a Sunnah nor an Ijmaa’.And this is what is stronger decision of Shaykh ibn ‘Uthymeen رحمه الله.
For the Summary of this matter is that if the Hilaal is seen before the زوال or after the زوال then it belongs for the following night not the previous night. Therefore, if they were in the 30th of Sha’baan they do not abstain from food considering it the first day of Ramadhaan because they saw the crescent in the morning before the زوال. And if there were in the 30th day of Ramadhan and they saw it before the زوال they don’t break their fast considering it to be of the previous night ya’nee today is the first day of ‘Eed.
The Author رحمه الله said, .وإذا رآه أهل بلد : لزم الناس كلهم الصوم ”If the people of one land sighted then all people are required to fast”.
- He doesn’t mean by ”if the people of one land” all of the people. This is not meant by the author. What is meant by the author is the legal Sharee’ah sighting and the description of it will come in shaa Allaah in the explanation.And he doesn’t mean all of the people of this city or this land or this country so the Hilaal (the kids and the women and the men and everyone).
- He said ”then all of the people are required to fast”. All of the people of this Land or all of the Muslim?The purpose of the author over here is to show that once the sighting happens /proven in one land then all of the Muslims on the earth are required to fast. If it is sighted in the South those in the North have to fast, and if it is sighted in the East those in the West have to fast and those in the North and those in the South all of them. The meaning is the ruling of the countries that did not see the Hilaal from the lands of the Muslims or where the Muslims are, is the ruling of the land that saw it even if it is very far from each other. For the saying of Messenger صوموا لرؤيته” ,صلى الله عليه وسلم ” ( Fast because of its sighting). ”وأفطروا لرؤيته” (And break your fast also because of its sighting). Agreed upon Hadeeth.
- And this is addressing all of the Ummah as well as the saying of Messenger Sal Allaho ‘Alyhe wasalam: ” الصوم يوم تصومون ، والإفطار يوم تفطرون ، والأضحى يوم تضحون ” (the fast is when you fast, And breaking the fast is the day you break your fast, And ‘Eed for you (Muslims )is when the day you make ‘Eed”, meaning the Ummah should gather together on these days unless one knows for certain that month of Ramadhan has entered and his testimony was rejected. For he fasts without making a Fitnah rather alone hidden.(This will come with us as well)
And the ‘Olamah in this matter they differed. The matter of the Muslims. Is does each country have its own sighting or all of the Muslims they have one sighting or it depends on the coming of the Hilaal if all of the area shares then they do and if not then they do not.? There are around 8 opinions of ‘Olamah in this matter:
- Some said each land and each country has its own sight.
- Some said the country is the share (the coming of the Hilaal and the leaving of the Hilaal because of them being close to each other or on the same line).
- Some said they follow their ruler the Imaam.
- And what is stronger is this opinion that is mentioned by the Author over here. And this is the opinion of the Maalik and Ash-Shafee, Imaam Ahmed, Ash-Shawkaanee,Shaykh AL Baane, Shaykh bin Baaz رحمهم الله is that when the sighting happens in one country then all of the countries of Muslims should also fast.
The Author رحمه الله said, ويصام : برؤية عدل، ولو : أنثى ” And it is to be fasted by the seeing the sighting of one trustworthy person someone upright even if a women”
- This matter regarding the attribute of the Sharee’ah sighting of the Hilaal that is accepted. Accepted for what? Accepted to prove that the month have entered. Or to prove that the Month has left. Is one sufficient or two is a must?And is the female like the male.?
- The Madhab for the Hanaabilah, the author mentioned is that can the entrance of the Ramadhaan can be proven with the sighting of One Muslim that is upright (righteous, trustworthy) that is Mukallaf (ya’nee not crazy and not one who did not pass puberty).Even if this person is not free ya’nee is a slave. And even if the person is a female.
- And the exist of Ramadhaan the Hanabilah said, it has to be two and one is not sufficient .
And it is almost opinion of most of the ‘Olamah that the exist is only proven by of two people sighting not one.
- The evidence of those who said that one sighting is sufficient they quoted the Hadeeth of Ibne ‘Omar and Ibne ‘Abbas.
- As for the Hadeeth of ‘Abdullah ibn ‘Umar رضي الله عنه in Abu Dawood.He said, ”The people sighted the moon, so I informed the Messenger of Allah (صلى الله عليه وسلم) that I had sighted it. He fasted and commanded the people to fast. ”
- And As for the Hadeeth of Ibne’ Abbas then it is narrated by Abu Dawud, Tirmidhe, Nasai, Ibn Maajah .Narrated by ‘Abdullah ibn Abbas رضي الله عنه in Abu Dawood. ”A bedouin came to the Prophet صلى الله عليه وسلم and said: I have sighted the moon. Al-Hasan added in his version: that is, of Ramadan. He asked: Do you testify that there is no Diety worthy of worship except Allah? He replied: Yes. He again asked: Do you testify that Muhammad is the Messenger of Allah? He replied: Yes. and he testified that he had sighted the moon. He said: Bilal, announce to the people that they must fast tomorrow.”
And what is stronger that this Hadeeth is Da’eefضعيف .Because it is from the narration of Simaak ibn Har and Ikrimah which is Muttalib مطلب narration and also because An-Nasai, At-Tirmidhi, Abu Dawud they said what is correct regarding this Hadeeth is that it is مرسل (Mursal)(there is cut in the chain so therefore it is not accepted. We mentioned before in previous classes what is the Hadeeth which is مرسل. We said it is the Hadeeth where the Tabee’e تابعي says something directly and attaches is to the Messenger صلى الله عليه وسلم his speech or his action or his إقرار (Iqraar) or what happens in his time meaning if a Tabee’e تابعي like Naaf’eنافع for example he says قال رسول الله صلى الله عليه وسلم or Az-Zhuhri says قال رسول الله صلى الله عليه وسلم. This is called مر سل because they have not seen Messenger صلى الله عليه وسلم and they have not heard Messenger صلى الله عليه وسلم . And the correct is for that what the Tirmidhe said, An-Nasai, Abu Dawud said that this Hadeeth is مرسل.Some has made it connected but they said what is correct is that it is مرسل.Sometimes you will find the hadeeth that some narrators narrated as مرسل and others narrated as not مرسل. And the Muhadeeth will say what is stronger is that this is مرسل because 5 have narrated it مرسل and only one have not made it مرسل. And this one has made a mistake or so on.
- Al-Imaam Malik said one is not sufficient in sighting in proving that Ramadhan had entered rather for there must be two. And they quote the hadeeth of Ibn Haaris ibn -Hatim who said that the Messenger صلى الله عليه وسلم told us to make the نسك Nusuq for the sighting. If we donot see the hilaal and two witnessess witnessed that they saw it then we make the sighting because of there witness. نسك is act of worship.
- What seems to be stronger is this opinion because the Hadeeth of ibne ‘Abbas is weak and the Hadeeth of ‘ibne Omarرضي الله عنهما there isn’t in it that no has witnessed except him or that the Messenger صلى الله عليه وسلم ordered the people to fast only because of his sighting. It is possible that others then him also witnessed with the Messenger صلى الله عليه وسلم and told the Messenger صلى الله عليه وسلم.
And his saying, ‘‘ولو أنثى” even if it is a women. ”Even if” is a sign for the reader that there is a differ between ‘Olamah in this matter. And the other opinions of the ‘Olamah.
- Some said her sighting is not accepted in this
- and some said it is accepted in the entrance of the Ramadhaan and not in the leaving of Ramadhan
- and some said it is accepted in both.
- And what Shaykh ibn Uthymeen رحمه الله chose that it is accepted in both.
- And there is a differ between ‘Olamah regarding the kid that do not pass the puberty
- and there is no differ between the ‘Olamah regarding the Kaafir that his sighting is not accepted.
He said, :فإن صاموا ،بشهادة واحد ثلاثين يوما فلم ير الهلال .أو صاموا لأجل غيم : لم يفطروا If they fasted : with the witness of one person 30 days, and they didn’t sight the crescent moon (whether there was fog or there wasn’t fog/ whether the sky was clear or not clear) or they fasted because of clouds,they do not break there fast.
This is the matter that preceded us before in first class which is not seeing it because of cloud. The author say it’s obligatory for them to fast. And we say what is correct that, No, it is not obligatory for them to fast rather it is Haraam. They says if this happens or that happens they do not break there fast. Why?
- This is the first place that shows that the ruling for Hanabilah is that the month is not proven to have exited except with two because if they fasted 30 days because of one person individual his only testimony and not two then when they break there fast on the 31st day they are actually working on the testimony of the first person. For they made it obligatory over here on people to fast 31 days and there is no month that is 31 days and what is correct over here is that they fast only 30. And this is what Shaykh ibn Uthymeen رحمه الله chose in his explanation.
- The second thing is that if they fasted because of clouds we say what is correct that they are not allowed to fast because of cloud. So this doesn’t happen with a correct opinion.
Transcript by Om Zakariyaa Al-Baakistaaniyyah
ربنا تقبل منا إنك أنت السميع العليم
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