LESSON THREE

PROOF OF VISIBILITY OF MOON THROUGH REPORT AND TESTIMONY

عَنِ ابْنِ عَبَّاسٍ رَضِىَ اللهُ عَنْهُ قَالَ جَاءَ اَعْرَاَبِىٌّ اِلَى النَّبِىِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ اِنِّىْ رَأَيْتُ الْهِلَالَ يَعْنِىْ هِلَالَ رَمَضَانَ فَقَالَ اَ تَشْهَدُ اَنْ لَا اِلَهَ اِلَّا اللهُ قَالَ نَعَمْ قَالَ اَ تَشْهَدُ اَنَّ مُحَمَّدًا رَسُوْلُ اللهِ قَالَ يَا بِلَالُ اَذِّنْ فِى النَّاسِ اَنْ يَّصُوْمُوْا غَدًا  (رواه ابو داؤد والترمذى والنسائى وابن ماجه والدارمى)

Abdullah ibn Abbas RadhiyAllaahu Anhu narrated, “Once a villager came to Nabi SalAllaahu Alayhi Wasallam and said, ‘I have seen the moon of Ramadaan today.’ Rasulullah SalAllaahu Alayhi Wasallam enquired from him, “Do you testify that there is no deity besides Allaah?” “Yes,” he replied, [“I testify that there is no deity besides Allaah.]” Nabi SalAllaahu Alayhi Wasallam then asked, “And do you testify that Muhammad is the messenger of Allaah?” “Yes, he replied, [“I testify that Muhammad is the messenger of Allaah.”] Rasulullah SalAllaahu Alayhi Wasallam thereupon ordered Bilal to proclaim to the people to begin fasting from the next day.” (Abu Dawood, Tirmidhi, Nasai, Ibn Maajah and Daarimi)

COMMENTARY: This hadith shows that for accepting the report or testimony of the visibility of the moon, it is essential that the one who reports or gives testimony is a Muslim, for he alone can appreciate its importance and its burdensome responsibility.

عَنْ عَبْدِ اللهِ بْنِ عُمَرَ رَضِىَ اللهُ عَنْهُ قَالَ تَرَاآا النَّاسُ الْهِلَالَ فَاَخْبَرْتُ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنِّىْ رَاَيْتُهُ فَصَامَ وَاَمَرَ النَّاسَ بِصِيَامِهِ (رواه ابو داؤد والدارمى)

Abdullah ibn Umar RadhiyAllaahu Anhu narrated, “Once, during the era of Rasulullah SalAllaahu Alayhi Wasallam], people tried to see the moon of Ramadaan [but generally, it could not be sighted]. I then informed Rasulullah SalAllaahu Alayhi Wasallam that I had seen the moon, upon which he fasted himself and ordered the people to do the same.”  (Abu Dawood and Daarimi)

COMMENTARY: Both of these narratives tell that the evidence of one Muslim is enough to establish the visibility of the moon. According to the commonly known view of Imam Abu Hanifa V, the evidence of one person is sufficient when the sky is overcast or he has come from outside the town or village or from a place with a higher altitude. But if the sky is clear and the person who claims to have sighted the moon has not come from outside the town or a place of higher altitude and yet asserts that he had seen the moon in that very town or in a village where no one else could see it in spite of making the best efforts, the decision of the visibility of the moon will not be taken on his solitary evidence. In that case, the number of persons claiming to have seen the moon should be such that their evidence can create satisfaction in the heart. This as we have said, is the well-known view of Imam Abu Hanifah V. But another view is also attributed to him who says that for the moon of Ramadaan, the evidence of one virtuous and trustworthy Muslim is sufficient. Many other imams are in agreement with this view.

It should be remembered that what we have said here appertains to the moon of Ramadaan. As far as the Eid moon is concerned, there is a general consensus among all the imams that the testimony of at least two religious minded and reliable Muslims is necessary. It is stated in Daruqutni and Tabarani, on the authority of Ikrimah, the Tabiee V, that once a person testified before the governor of Madinah that he had seen the moon of Ramadaan. At that time, both Sayyidina Abdullah ibn Umar RadhiyAllaahu Anhu and Abdullah ibn Abbas RadhiyAllaahu Anhu were present in Madinah. The governor consulted them, and they said that the evidence of one person should be accepted and the announcement made that the month of Ramadaan had begun. They added,

إِنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَجَازَ شَهَادَةَ رَجُلٍ وَاحِدٍ عَلَى رُؤْيَةِ هِلَالِ رَمَضَانَ، وَكَانَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يُجِيزُ شَهَادَةً فِي الْإِفْطَارِ إِلَّا شَهَادَةَ رَجُلَيْنِ

Rasulullah SalAllaahu Alayhi Wasallam had said that the evidence of one person was enough for the moon of Ramadaan, but for the moon of Eid he did not regard the evidence of less than two persons to be adequate.