(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from his Facebook Page "Fiqhi")
Answer to a Question *Unity of Moon Sightings (Matali’) and Sighting the Hilal of Ramadan* To: Nafeth Aljabari
Question:
My dear brother:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuhu,
With reference to your letter dated 24/06/2018 regarding the sighting of the hilal of Ramadan for this year, I would like to point out the following:
The time difference between us here in Palestine and California is ten hours. This means that at the time the hilal was sighted in California, about 3 hours had passed since dawn here, meaning the entire night had passed without the sighting being established that night. Therefore, our breaking of the fast on that Wednesday would be correct. Our region and California do not share any part of the night, which is the time for seeking the sighting. The passing of the entire night without achieving the sighting—despite the birth of the hilal—places us in the status of those for whom the moon was obscured, and our breaking of the fast is correct and in accordance with the Shari’ah ruling. As for fasting a day of Shawwal with the intention of making up for Wednesday, it would mean making up the "Day of Doubt" (Yawm ash-Shakk), which is not permissible to fast in the first place.
Important note: Regions located on both sides of the International Date Line near it unite in the mطلع (sighting point) regarding the moon, thus sharing the beginning of the lunar month despite a time difference between them equal to 24 hours. The criterion in determining the beginning of the lunar month is not the name of the day according to the global calendar, but the sighting.
This is what I know, and Allah knows best.
Wassalamu Alaikum Wa Rahmatullahi Wa Barakatuhu.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuhu,
I have reviewed your letter, and it seems there is some confusion on your part regarding the subject of the hilal of Ramadan...
My brother, there are matters that must be fully understood in this subject:
1- The Messenger ﷺ says:
صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ
"Fast for its sighting and break the fast for its sighting." (Narrated by Muslim)
This is a general address to the Muslims. It means that if the hilal is seen anywhere, Muslims everywhere must adhere to it... This matter is important to realize... I repeat, it is important to realize...
Accordingly, any understanding, derivation, or interpretation that Muslims do not have to fast and break their fast together is a marjuh (less preferred) understanding that contradicts the mutabanna (adopted opinion). Thus, what you reached in your letter—that the people of California were obligated to fast that day while the people of Palestine were not—is contrary to the adopted understanding of the Hadith regarding the unity of fasting and breaking the fast.
2- What was mentioned in your letter regarding the calculation of the difference between Palestine and California is inaccurate. You say: ("The time difference between us here in Palestine and California is ten hours. This means that at the time the hilal was sighted in California, about 3 hours had passed since dawn here, meaning the entire night had passed without the sighting being established that night... our region and California do not share any part of the night...")
The calculation is not like that:
a- Yes, the difference between Palestine and them is about ten hours. Palestine is at longitude (35) East, and California is at longitude (120) West. Thus, the difference between them is (35 + 120 = 155 degrees). Every degree is about (4) minutes, so the difference is about ten hours, but forward and not backward. Our time is ahead of California, not behind it. If the sun sets there—meaning the night of Thursday begins for them—let’s say at 6:00 PM (18:00), the night of Thursday for us would have almost ended. Our time would be (18 + 10 = 28), which is about 4:00 AM on Friday (just before the Fajr prayer)... It is not as you calculated backward, making the ten hours backward and saying our time would be (18 - 10), which is 8:00 AM! This is because 8:00 AM on any day in Palestine is about 10:00 PM the previous night in California. The night of the day precedes its daylight... The sun rises in Palestine for a certain day before it rises in those countries for that same day... and it sets in Palestine before it sets for them. When the sun sets for them, for example, at 6:00 PM "18:00" on Tuesday (the night of Wednesday), it would be nearly dawn "4:00 AM" on Wednesday for us. Therefore, it is most likely that there is a sharing of a part of the night, no matter how small that sharing is.
b- Nevertheless, let us assume they do not share any part of the night; their fasting and breaking of the fast would still be one. Here is the explanation:
- Suppose there are three regions A, B, and C. A shares a part of the night with B, so they fast and break the fast together. B shares a part of the night with C, so they fast and break the fast together. This means that A is obligatorily required to fast and break the fast with C. Whether A shares a part of the night with C or not, A and C must fast and break the fast together because A shares with B, and B shares with C, as mentioned before. Since this reality applies to all regions of the world, the application of the Hadith "Fast for its sighting and break the fast for its sighting" is general for all regions of the world.
3- Therefore, even if Palestine did not share a part of the night with California—if that were true as stated in your letter—there is a region between them, for example in Africa, that shares a part of the night with California and shares a part of the night with Palestine. Thus, it fasts and breaks the fast with California and at the same time fasts and breaks the fast with Palestine... Consequently, Palestine and California fast together. Thus, all regions of the world fast and break the fast together, and the Hadith of the Messenger of Allah ﷺ is applied, meaning Muslims must fast and break their fast together as an obligation.
4- As for if we took what you thought—that sharing a part of the night must be between California and Palestine specifically for them to fast and break the fast together—and they did not share a part of the night according to your information, then this would mean disabling the implication of the Hadith of the Messenger ﷺ that fasting and breaking the fast must be together for all Muslims. Naturally, this contradicts what we adopt and call for regarding the unity of Muslims in their fasting and breaking of the fast. We issued a leaflet on this matter dated 25th of Sha’ban 1415 AH - 14/12/1998 CE.
5- As for your statement that the night begins in Palestine while the sun is up in California, so how can the fasting be? This is not difficult. We see the hilal after the sunset of Wednesday, for example, so we fast on Thursday. At that time, it is the daytime of Wednesday in California. When the sun sets on Wednesday for them, whether they see the hilal or not, our sighting obliges them to fast on Thursday... However, if we do not see it at our sunset on Wednesday, but they see it after their sunset on Wednesday, and the news reaches us during the mid-morning (Duha) of Thursday, then we make up that day. This applies to the beginning of the month and its end, i.e., the night of Eid... This happened during the time of the Messenger ﷺ as mentioned in the Hadith narrated by Ahmad in his Musnad from Abu 'Umayr bin Anas, who narrated from his paternal uncles among the Ansar who were companions of the Messenger of Allah ﷺ:
غُمَّ عَلَيْنَا هِلَالُ شَوَّالٍ فَأَصْبَحْنَا صِيَاماً فَجَاءَ رَكْبٌ مِنْ آخِرِ النَّهَارِ فَشَهِدُوا عِنْدَ رَسُولِ اللَّهِ ﷺ أَنَّهُمْ رَأَوْا الْهِلَالَ بِالْأَمْسِ فَأَمَرَ رَسُولُ اللَّهِ ﷺ (أَنْ يُفْطِرُوا مِنْ يَوْمِهِمْ وَأَنْ يَخْرُجُوا لِعِيدِهِمْ مِنْ الْغَدِ)
"The hilal of Shawwal was obscured for us, so we woke up fasting. Then a caravan came at the end of the day and testified before the Messenger of Allah (saw) that they had seen the hilal yesterday. So the Messenger of Allah (saw) commanded them to break their fast for that day and to go out for their Eid the following morning." (Reported by Ahmad)
The Messenger ﷺ commanded them to break the fast on a day they had considered part of Ramadan because others had seen the hilal of Shawwal outside of Madinah. The caravan saw the hilal before arriving at Madinah, and the people of Madinah did not know of their sighting, so they woke up fasting. When they learned that other Muslims had seen the hilal, the Messenger ﷺ commanded them to break the fast that day... Today, the media available to all countries is capable of transmitting the news of the hilal sighting to the entire world in a few seconds. Therefore, Muslims are required to fast or break the fast as soon as they hear the news of the confirmed sighting of the hilal in any place on Earth.
The matter is not difficult; rather, it is easy for those for whom Allah makes it easy, especially since communications these days occur in the blink of an eye.
6- As for the Day of Doubt (Yawm ash-Shakk), it is not as you mentioned. Rather, it is the 30th day of Sha'ban in which you receive no news of any Muslim sighting the hilal in any part of the Earth. It is not permissible to fast this day. If news reaches you that someone saw the hilal while you were not fasting because you thought it was the Day of Doubt, and you receive word during that day that someone saw the hilal, then it is no longer a Day of Doubt; rather, you must make it up.
The conclusion is that the Hadith of the Messenger ﷺ ("Fast for its sighting...") includes the whole world, and any saying contrary to that is either wrong or marjuh (less preferred), and Allah is All-Knowing, All-Wise.
Finally, would it not have been better, Nafeth al-Khair, to ask as an inquirer rather than asking as one who has already decided? Is that not so?
Your brother, Ata Bin Khalil Abu al-Rashtah
22 Sha'ban 1440 AH Corresponding to 28/04/2019 CE
Link to the answer from the Ameer's Facebook page: Facebook Link
Link to the answer from the Ameer's website: Web Link