The Difference in the Sighting of the New Moons
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Fatwa No. ( 2623 )
Q1: We ask for your guidance regarding the time for abstaining from food and drink and breaking the fast in fasting, may Allah preserve you.
A1: A decision was issued by the Council of Senior Scholars in the Kingdom of Saudi Arabia clarifying the beginning and end of the time for fasting. The text of its content is as follows: First: The difference in the sighting of the new moons is a matter known by necessity, both by sense and by reason, and no scholar has differed on this. The disagreement among Muslim scholars lies only in whether to consider the difference in sightings or not to consider it. Second: The issue of considering the difference in sightings or not considering it is a theoretical matter in which there is room for independent legal reasoning, and disagreement is a reality among those who have authority in knowledge and religion. It is a permissible disagreement in which the correct one is rewarded with two rewards: the reward for independent legal reasoning and the reward for being correct, and the one who errs is rewarded with the reward for independent legal reasoning. The scholars differed on this issue into two positions: some held that the difference in sightings should be considered, while others held that it should not be considered. Each group cited evidence from the Book and the Sunnah, and perhaps both groups cited the same text, such as their shared use of the statement of the Exalted:[Al-Baqarah 2:189]
And His statement (peace and blessings be upon him):Sahih Muslim 1081b the hadith. This is due to the difference in understanding the text and each group following a different path in deriving evidence from it. Given the considerations the Council saw and assessed, and given that the disagreement on this issue has no consequences whose outcomes are feared, fourteen centuries have passed since the emergence of this religion, and we do not know of any period in which the Muslim community was unified on a single sighting. Therefore, the members of the Council of Senior Scholars see that the matter should remain as it was, that this topic should not be raised, and that each Islamic state has the right to choose, through its scholars, whichever of the two opinions mentioned in the issue it sees fit, as each has its evidence and foundations. Third: The Council examined the issue of establishing the new moons by calculation and the evidence regarding it from the Book and the Sunnah, and reviewed the statements of the scholars on this matter. They decided unanimously not to consider astronomical calculations in establishing the new moons in legal matters, based on the statement of the Prophet (peace and blessings be upon him): Sahih Muslim 1081b the hadith. And his statement (peace and blessings be upon him): Sunan an-Nasa'i 2122Sahih (Darussalam) the hadith. And other evidence to that effect. (End)
As for the beginning and end of the time for fasting for each day, Allah (Mighty and Majestic) clarified it in His statement:[Al-Baqarah 2:187] The verse is general for Muslims in every place and every country, and they have their own ruling regarding their night and day. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q1: We ask for your guidance regarding the time for abstaining from food and drink and breaking the fast in fasting, may Allah preserve you.
A1: A decision was issued by the Council of Senior Scholars in the Kingdom of Saudi Arabia clarifying the beginning and end of the time for fasting. The text of its content is as follows: First: The difference in the sighting of the new moons is a matter known by necessity, both by sense and by reason, and no scholar has differed on this. The disagreement among Muslim scholars lies only in whether to consider the difference in sightings or not to consider it. Second: The issue of considering the difference in sightings or not considering it is a theoretical matter in which there is room for independent legal reasoning, and disagreement is a reality among those who have authority in knowledge and religion. It is a permissible disagreement in which the correct one is rewarded with two rewards: the reward for independent legal reasoning and the reward for being correct, and the one who errs is rewarded with the reward for independent legal reasoning. The scholars differed on this issue into two positions: some held that the difference in sightings should be considered, while others held that it should not be considered. Each group cited evidence from the Book and the Sunnah, and perhaps both groups cited the same text, such as their shared use of the statement of the Exalted:
They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for Hajj."
يَسْأَلُونَكَ عَنِ الأَهِلَّةِ قُلْ هِيَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّAnd His statement (peace and blessings be upon him):
Observe fast on sighting it (the new moon) and break (fast) on sighting it (the new moon)
صوموا لرؤيته وأفطروا لرؤيتهObserve fast on sighting it (the new moon) and break (fast) on sighting it (the new moon)
صوموا لرؤيته، وأفطروا لرؤيتهD not fast until you see it , and do not stop fasting until you see it
لا تصوموا حتى تروه ولا تفطروا حتى تروهAs for the beginning and end of the time for fasting for each day, Allah (Mighty and Majestic) clarified it in His statement:
And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]
وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.