Begin And End Your Fasting

Based On Quran, Sunnah, Upon The Understanding Of The Sahabah

Transcription of the lectures of Ash-Shaykh Yahya silmy as-saylani as salafi (May Allah preserve him)

After khutbathul hajah

Assalamu alaikkum wa rahmathullahi wa barakathuhu

Insha'Allah, I am discussing the moon sighting subject, particularly the international moon sighting concept, and how it is the strongest in its evidence.

Furthermore, I would like to confirm that this was the methodology practiced by the Messenger (Rasool) and the Sahabah at their time. And that is what the entire Ummah al-Islamiyah must abide by. This will be proven with evidences from the Kitab and Sunnah, insha'Allah.

It is the saying of Allah subhanahu wa ta'ala in Surah al-Baqarah, verse number 185:

وَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ

"Whom among you witnesses the month, let him fast it."

Witnessing is either sighting it directly with one's eyes or receiving information that someone else has sighted it. So, in this verse, Allah subhanahu wa ta'ala clearly mentions that if we are aware that the month has started, either by sighting it or by witness, we must fast it.

This is a very clear message for every Muslim individual: if he witnesses the month, it is incumbent upon him to fast. There is no exception for him, except if he is a traveller or a sick person.

Similar guidance is found in the Hadith of Rasulullah sallallahu alaihi wasallam. Firstly, the Hadith of Abdur Rahman ibn Zayd ibn al-Khattab, which states:

عَنْ عَبْدِ الرَّحْمَنِ بْنِ زَيْدِ بْنِ الْخَطَّابِ أَنَّهُ خَطَبَ النَّاسَ فِي الْيَوْمِ الَّذِي يُشَكُّ فِيهِ فَقَالَ أَلَا إِنِّي جَالَسْتُ أَصْحَابَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَسَأَلْتُهُمْ فَإِنَّهُمْ حَدَّثُونِي أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ وَانْسُكُوا لَهَا فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا ثَلَاثِينَ فَإِنْ شَهِدَ شَاهِدَانِ فَصُومُوا وَأَفْطِرُوا

These are the wordings from an-Nasa'i, also collected by Imam Ahmad, an-Nasa'i, and ad-Daraqutni.

On the authority of Abdur Rahman ibn Zayd ibn al-Khattab, he addressed the people on the Day of Shaq (the day of doubt), (which is the 29th of a month, when the next day is either counted as the first or the 30th. This day is known as the 29^th).

And he said, "Verily, I have sat with the Companions of the Messenger of Allah sallallahu alaihi wasallam and questioned them. And they informed me that the Messenger of Allah sallallahu alaihi wasallam said, 'Fast upon its sighting and break your fast upon its sighting, and perform your religious rites based on it.

If it is cloudy for you, complete it as thirty days. If two witnesses testify, then fast upon it and break your fast upon it.'"

These are the English wordings from an-Nasa'i. It was also narrated by Imam Ahmad in his Musnad and Imam an-Nasa'i in his Sunan, and ad-Daraqutni.

This Hadith of Abdur Rahman ibn Zayd ibn al-Khattab very clearly states that he is conveying this message from the Companions of the Messenger sallallahu alaihi wasallam, meaning from the Sahabah.

And they all informed him that Rasulullah's saying is: "Fast upon its sighting" – meaning fast upon the sighting of the Hilal – "and break your fast upon its sighting" – meaning break your fast upon the sighting of the Hilal.

This means to start the month of Ramadan upon the sighting of the Hilal, and similarly, to finish the month of Ramadan and start your Eid upon the sighting of the Hilal for Ramadan.

Similarly, "perform your religious rites based on it." Your religious matters include the periods of Ila, Dhihar, and Iddah for Talaq, as well as knowing the Hijamah dates and the Ayyam al-Bid (the 13th, 14th, and 15th) to be fasted every month.

All these are to be determined from the sighting of the moon each month. So then Rasulullah says, "Fast upon its sighting, break your fast upon its sighting, and perform your religious rites based on it." And if it is cloudy for you, or covered from you, or it has not been clear to you, then complete it as thirty days.

And then Rasulullah also mentions, "If two witnesses testify about the moon sighting news, you may fast upon it and you may also break your fast upon it." This is a clear message on how we are to start our Ramadan and finish our Ramadan.

So, these are the indications in this Hadith, which contains three rulings.

The first ruling is the wording of the Hadith:

صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ

("Fast upon its sighting, break your fast upon its sighting").

The second ruling is: if it is cloudy, complete the month as thirty days.

The third is: if two witnesses come, fast upon its sighting and break your fast upon its sighting.

Now, considering the three wordings of the Hadith, we must note that in many narrations, the Hadith does not include the wording:

فَإِنْ شَهِدَ شَاهِدَانِ فَصُومُوا وَأَفْطِرُوا

("If two witnesses testify, then fast upon it and break your fast upon it").

Similarly, many narrations simply state:

صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ وَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا ثَلَاثِينَ أَوْ فَأَكْمِلُوا الْعِدَّةَ أَوْ فَأَقِيمُوا شَعْبَانَ ثَلَاثِينَ

These are different wordings:

("Fast upon its sighting, break your fast upon its sighting, and if it is cloudy for you, complete the counting as thirty, or complete the month as thirty days").

Similar wordings are used in multiple narrations. We must understand that this is how narrators sometimes transmit Hadith, by summarizing it.

Due to the proper fiqh(understanding) they possessed regarding the narration, they found it easy to narrate a Hadith in short, or sometimes they only received that specific wording.

So, they would narrate only the wording they received. One who did not receive a particular wording would not mention it. One who received other wordings would mention them.

Thus, not every narration includes

فَإِنْ شَهِدَ شَاهِدَانِ فَصُومُوا وَأَفْطِرُوا

("If two witnesses testify, then fast upon it and break your fast upon it").

However, we do find this Sahih narration from an-Nasa'i, Musnad Ahmad, and ad-Daraqutni.

This narration, therefore, very clearly provides additional information which is, in fact, already implied in the initial two wordings:

صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ

Let me explain. The saying of sallallahu alaihi wasallam,

صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ

("Fast upon its sighting, break your fast upon its sighting") – meaning, fast upon the sighting of the Hilal and break your fast upon the sighting of the Hilal.

It is a duty that he is ordering to the Ummah al-Islamiyah, undoubtedly, regarding how to start their Ramadan and how to finish Ramadan.

Now, this command of sallallahu alaihi wasallam, "Fast upon its sighting, break your fast upon its sighting," is a command that every Muslim must follow. But in application, we see that not every Muslim goes out to sight the moon.

That is what Imam an-Nawawi said: Although it is خطاب لجميع الأمة (an address to the entire Ummah), if بعض المسلمين (some Muslims) see it, it becomes sufficient for them, and the sighting of some Muslims is also evidence for all other Muslims.

So, understanding this, the application of the Hadith and its wordings means that a witness is accepted. Let me read to you from Sharh Muslim, where Imam an-Nawawi rahmatullahi alaihi says:

صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ الْمُرَادُ رُؤْيَةُ بَعْضِ الْمُسْلِمِينَ

ولا يشترط رؤية كل انسان بل يكفي جميع الناس رؤية عدلين

The meaning is the sighting of some Muslims. And it is not a condition that every person must see it. Rather, the sighting of two just people is sufficient for all mankind.

Why? Because the sighting of two just people is sufficient for all mankind. When they sight it, we take the information and act upon it, in accordance with the saying of Rasulullah sallallahu alaihi wasallam: "Sight it and fast, and sight it and break your fast."

That is, "Fast upon its sighting, break your fast upon its sighting."

And the narration:

لا تصوموا حتى تروا الهلال ولا تفطروا حتى تروا الهلال

This similar wording is also available in a Hadith of Rasulullah sallallahu alaihi wasallam, meaning you should not start your Ramadan without sighting the moon, and you should not end your Ramadan without sighting the moon.

So, the point is that sighting is a must. Either way, it must be sighted. Undoubtedly, not every individual goes out to sight the moon. If it meant that every single person has to sight the moon, then in every home, every individual would have to go out and sight the moon, which was not the way it was applied, neither at Rasulullah's time, nor by the Sahabah, nor at any time.

But it meant that, although it is an address for the whole nation, it is an action performed by some Muslims. They go and see the moon, bring the information, and it is accepted. So here, that is the point: when the information is brought, that is, the witness is brought, it is accepted.

So that is the meaning of the words

صوموا لرؤيته وافطروا لرؤيته

("Fast upon its sighting and break your fast upon its sighting") – they include the acceptance of the witness.

Divisions due to mis-interpretation of the evidences

Those who interpreted the words

صوموا لرؤيته وافطروا لرؤيته

("Fast upon its sighting, break your fast upon its sighting") to mean that each one of us must sight it, and they further imposed a strictness by citing the wordings of Rasulullah sallallahu alaihi wasallam:

لا تصوموا حتى تروا الهلال ولا تفطروا حتى تروا الهلال

("Do not fast until you sight the Hilal, and do not break your fast until you sight the Hilal")

Certain categories of scholars tried to interpret this to mean that if we did not sight it, we cannot start the month or break the fast of Ramadan to make Eid. That means they intended that we must sight it ourselves.

Based on this, divisions began, with claims that "our sighting(in this area) is for us, and their sighting is for them," and they drew borders.

And they started claiming that our sighting is us, others’ sighting is for themselves.

Now, for the purpose of verifying (clarifying the confusion on) this concept – that we must sight it ourselves and that others' sighting is not for us – Allah's Messenger sallallahu alaihi wasallam very clearly concludes the Hadith by saying:

إذا شهد شاهدان فصوموا لرؤيته وافطروا لرؤيته

("If two witnesses testify to you, then fast upon it and break your fast upon it").

So here, this statement of Rasulullah sallallahu alaihi wasallam at the end of this Hadith refutes the claim of those who say that we must sight it ourselves.

And when witnesses come, they try to say, "This is not our moon; that is their moon, others' moon." ….and so on…

So this type of rejecting the sighting of the moon(by a muslim) by another Muslim, by claiming that Rasulullah said, "Do not fast without sighting it, do not break your fast without sighting it," and thus concluding that "we must sight it ourselves," this Hadith answers them: "No, if two witnesses come, you fast upon it and break your fast upon it."

For further explanation, to those who say that we must sight it to fast and we must sight it to break our fast, we would ask: are you claiming that another Muslim's sighting is not applicable to you, and you must sight it yourself?

Then if that is the law, every individual in the أمة الإسلام (Islamic nation) must go and sight it. If the application is for everyone to sight it, as you claim that we must sight it, and you cannot accept the sighting of other Muslims for yourselves, then that law should be applied to everyone.

You cannot try to impose boundaries by saying, "No, if it is in my country, we accept our people's sighting; if it is not in my country, I do not accept it," or similar such borders and restrictions that have been claimed, which, as will be discussed here insha'Allah, are wrong.

which, as will be discussed here insha'Allah, show that they are wrong. So, if they are trying to say that we cannot fast without sighting it, or we cannot break the fast of the month without sighting it, meaning that everyone or every area must sight it, then if you hold this view, by claiming that we cannot accept others' sighting, for applying it here, because it was also said that you must sight it, then according to that argument, every individual must sight it.

If a father sights it, a son cannot fast. If a son sights it, a father cannot fast. If a husband sights it, a wife cannot fast. If a wife sights it, a husband cannot fast.

So, similarly, when you extend this, as a nation, every individual would have to go and sight it, which is inapplicable. When we say inapplicable, it is not just because it is inapplicable by us, but it is inapplicable based on the meaning of the verdict of Rasulullah sallallahu alaihi wasallam, and that is not what he meant.

He meant that this is an address for the whole nation, and if a portion of the people in the nation undertake this action and if they sighted the Hilal, they have the right to declare the start of Ramadan.

If they sight the Hilal, they have the right to declare the end of Ramadan, and that sighting is sufficient for the start or end of the month of Ramadan for any Muslim.

So, if they are Muslims, the same law will apply to all other Muslims. Therefore, there is no need to create a division on this matter; this is the clear understanding we must derive from this Hadith of Rasulullah sallallahu alaihi wasallam.

Those who claimed that sighting must be done by us and that we cannot accept others' sighting went ahead and imposed restrictions in many ways.

Different opinions/interpretations of the madhabs

Let me explain what is available in the books of the Madhaahib and what is currently found in the latest arguments of certain people of knowledge.

Firstly, in the books of the Madhaahib, they went ahead claiming that you must get your sighting within a limited area, and they presented three ways or showed us three ways regarding how acceptance is applicable and where it is not applicable.

1) Some claimed that the distance a traveller covers would be our limit for accepting the moon's sighting.

2) Another category claimed, "No, that will be the limit of our land," which we refer to as a continent. Where the sea divides the land, then we will not accept that; so when it comes to the continent, we will take it from our continent, not from others.

3) And further, certain others said, "No, it is based on the sunrise, where the sunshine falls; that area we accept, and other areas we do not accept."

Thus, they divided this acceptance based on the pattern of accepting a witness within a particular limited area and not beyond it. So, they further divided it into three categories in their approach to rejecting or accepting the witness.

Further in these divisions, that is to say, المطلع (the place of rising), which means the area where the sun rises. They also further divided, saying Hijaz with Sham, Iraq with Khorasan. So, different types of subdivisions further took place like this.

And then again, when it came to continents, different continents were considered in different aspects. Thus, divisions progressed further and further in this type of discussion, where they imposed limitations on their witnesses.

But at the end of all this talk, none of them had any evidence for limiting the witness(for imposing conditions on the witnesses).

Indeed, those who claim it is based on the distance of a traveller, this has nothing to do with fasting. I mean, regarding the distance of a traveller, there is actually nothing authentic available to limit the distance even for a traveller.

That is the final conclusion among the Ulama of Sunnah regarding defining a traveller and limiting a distance, such that after a certain distance, one is considered a traveller, and after another distance, one is not a traveller. There is nothing authentic on it. So that cannot be considered in the matter of fasting.

Secondly, claiming the مطلع (place of rising). Where the sunshine falls, if we consider the area of sunshine flow, at every second, the sun is moving and the sunshine is expanding. So how are we going to define one area from another? So, these are not applicable or practicable solutions for fasting.

So, all these three types of limitations for the witness that they tried to draw are totally without evidence. So, we cannot accept any of them.

Imposing Conditions on the witnesses(to be from certain area) in order to accept his testimony has no evidence

Furthermore, in later times, they went ahead saying that witnesses are limited to "our lands." Every country looks for it and not for other countries,

which was even a heading in certain Hadith books:

لكل بلد رؤيتهم ولا ياخذ برؤية الاخرين

("For every land is their own sighting, and they do not take the sighting of others").

Imam an-nawawi gave a heading in sahih muslim on the Hadith of Kuraib ibn Abbas. It states that it is for every country to rely on their own sighting and not accept others' sighting.

Thus, if we proceed to the boundaries and borders of countries, again, that has nothing to do with religion.

These are political issues. Today, a country that was once a part of another, like at that time Sham and Madinah, was under one Khilafat.

But still, when Kuraib came from Sham, Ibn Abbas looked into the witness, and was under one Khilafah.

According to the argument of the people of the Madhaahib who say Ibn Abbas did not accept Kuraib. Now, if it is to be taken into consideration, Ibn Abbas is not accepting Kuraib under his own Khilafah of Muawiyah.

So, they are under one Khilafah, having two different sighting activities, if it is to be said that Ibn Abbas refuted it. Although the final decision to be taken regarding the Hadith of Kuraib ibn Abbas is that they did not differ, which I will explain later, insha'Allah.

So, at that time, when you say Sham, the head of the Khilafah - Madinah was entirely under that Khilafah.

So now, there are arguments, and that is the other point of opinion, that according to the authority and the rule, moon sighting must be divided.

So, every ruler has a right to decide for his community, and they must abide by it and not take others' decisions. So, if it is going to be like that, again, it is a political issue. It has nothing to do with religion.

So, many similar types of things have emerged in later times, with people trying to limit the witness(acceptance of the testimony of witnesses on sighting the moon).

Now, this type of limitation to the witness that they are trying to impose has no evidence from the Quran and Sunnah. But what the Quran and Sunnah state is clearly without any limitation.

The Ayah states:

فمن شهد منكم الشهر فليصمه

("Whom among you witnesses the month, let him fast it").

So, there was no limitation for the witness to reject one and accept another. But rather, if you witness it, that is it; you must fast it.

And similarly, the Hadith states:

إذا شهد شاهدان مسلمان

("If two Muslims testify"),

فصوموا لرؤيته وافطروا لرؤيته

("fast upon it and break your fast upon it").

So, in the text of the Sharia from the Quran and Sunnah, there is nothing to limit the witness.

But there are many arguments from later scholars, especially from the Madhaahib and their followers and research workers, who, when they found the Hadith asking to accept the witness, went ahead and drew limitations to the witness.

And they said, "Yes, we may take the witness," because they understood the saying of sallallahu alaihi wasallam at the beginning of the Hadith,

صوموا لرؤيته وافطروا لرؤيته

("Fast upon its sighting, break your fast upon its sighting"), to also include the acceptance of the witness,

because not every individual in the Ummah is going to sight it; if someone sights it and others accept it, then it is accepting the witness. So, the issue of witness could not be rejected by anyone.

But rather, they went ahead to limit it. Thus, the witness is to be limited with conditions. Now, they adopted this limitation based on different attitudes. None of them has any evidence in the Quran or Sunnah.

So, what we refer to today as "local moon sighting" – that the moon must be sighted in our local area – is again a limitation placed on the witness: that if it is sighted locally, we accept the witness; if it is sighted outside our area, we do not accept the witness.

It is completely without evidence from the Quran and Sunnah.

So, on that, we can also say that if we are going to fix it based on the local area to get the moon sighting evidence, consider a person who is at the border of our country and another person who is at the border of the other country, who are just next to each other.

This person is going to fast, while the other person is not going to fast. Or this person is going to have Eid, while the other person is not going to have Eid.

Or that village is going to have Eid, while the other village is not going to have Eid, on the account of political differences, for example, in the border areas of Pakistan and India. Or China and India; or similarly, you have Pakistan and Iran, and then Iraq and Iran, and then Iraq and Syria, Jordan, and then Jordan and Syria.

In all these countries where their borders are together, you will see a village at the end of one country's border celebrating Eid, while the other border village, which you can see just next door, is not having the celebration of Eid or fasting.

So, this contradicts the Hadith of Rasulullah sallallahu alaihi wasallam, which says:

الصوم يوم تصومون والفطر يوم تفطرون والاضحى يوم تضحون

("The day of fasting is when you all fast, the day of Fitr is when you all break your fast, and the day of Adha is when you all offer sacrifice").

So, these people are seeing others fasting, and they are not (accepting it). So, this is again not applicable.

So, at the end of the day, if we are to look into the Sharia through the Quran and Ahadith, if a Muslim is fasting based on the sighting of the moon and evidence of a festival, that is the law for every Muslim, and we have no right to reject it or say, "That's my area, your area."

These types of things are going to contradict the Quran and Sunnah. So, insha'Allah, this concludes the first session.

I have tried to elaborate that the Hadith

صوموا لرؤيته وافطروا لرؤيته

also includes the meaning of Shahadah (witness).

And we will be discussing in the next session

فإن غم عليكم الشهر فثلاثين

("if the month is cloudy for you, then complete it as thirty days"). We will be looking into that text in our next session, insha'Allah.

And I would like the listeners, to whomever this voice reaches, to contact me directly for any inquiries or questions. So that you will be able to consider(the study) further, insha'Allah.

Your question will either be discussed with you directly if you need a detailed explanation and a discussion, for which a forum will be open for you and me to have a discussion.

Or if your question is worthy of discussion in a session at the next gathering, I will present the question that has come from one of the brothers, and we will discuss it. Insha'Allah, thus we will continue our gatherings. So, this will be our first session today on the topic of moon sighting, insha'Allah.

وجزاكم الله خيرا وإن أصبت فمن الله وإن أخطأت فمن نفسي ومن الشيطان والله أعلم

If I have said anything good, that is from Allah Subhanahu Wa Ta'ala's mercy and blessing upon me. If I have made any mistake, that is from myself and Shaitan.

know that at all times, the evidence is the Quran and Sunnah as understood by the Sahabah Radhiyallahu Anhum Ajma'in.

هذا ما عندي والله أعلم والعلم عند الله سبحانه وتعالى