The difference in reading of the crescent
If the crescent sees the people of a country, is it necessary for the rest of the people fasting?
There is a dispute between the scholars:
The first statement: All people are required to fast, which is the doctrine of the Hanbali, and most of the Hanafi, which is the doctrine of Imam Malik; As it was narrated by Ibn al -Qasim and the Egyptians, and the civilians narrated on the authority of Malik that the vision is not obligated to the news among other than the people of the country in which the vision was signed, except that the imam carries people on that, and with it Ibn al -Majshon and the changing of the companions of Malik said, The owners of this statement indicated evidence of them:
1- His saying – may God bless him and grant him peace -: (Fast to see him and break his fast to see him).
And I answer it as a speech for every group that shares at the beginning of the crescent, and on the assumption of its general, it is concerned with other evidence.
2- The Almighty saying:﴿ Whoever witnesses the month, let him fast it ﴾ [البقرة: 185]So, it is necessary for everyone to fast when the name of the vision is fulfilled.
I answer this reasoning that because of the positive fasting on the non -sick resident, which is also a speech for every group that participates in the beginning of the crescent, with evidence of his saying:﴿ You are from you ﴾, Then to recognize the general verse, it is dedicated to other evidence indicating that fasting is not obligatory for those who did not agree with that country at the beginning.
3- This is closer to the union of Muslims and the unification of their word.
The second view: It is not necessary only for those who saw it or in their ruling, if the crescent readers are arrested, if it does not agree, then it is not necessary to fast, and this is the doctrine of the Shafi’i, which is the choice of the sheikh of Islam for what was attributed to Al -Baali, And infer the following:
1- On the authority of Keraib that the mother of Al -Fadl bint Al -Harith sent him to Muawiyah in the Levant, and he said: “So I came to the Levant, and I spent her need, and I started Ramadan while I was in the Levant, so I saw the crescent on Friday night, then I came to the city at the end of the month, so Abdullah bin Abbas, may God be pleased with them, asked me, then he mentioned the crescent, and he said: When did you see the crescent? Muawiyah, and he said: We have seen him on the night of Saturday, so we still fast until we complete or see him, so I said: Or do not suffice to see Muawiyah and his fasting, and he said: No, this is how the Messenger of God, may God bless him and grant him peace, commanded us. [م 1087].
This indicates that it is not proven to enter the month in the country that violates the country of vision at the beginning.
2- The Almighty saying:﴿ Whoever witnesses the month, let him fast it ﴾ [البقرة: 185]And those who do not agree with those who saw it in the reading, it is not said: they have seen it, neither truth nor judgment.
3- His saying – may God’s prayers and peace be upon him -:
4- The daily timing in which Muslims differ in text and consensus, and if the dawn comes in the East, the people of Morocco do not have to hold; For the Almighty saying:﴿ Eat and drink until the righteous, the righteous, from the fence of the dawn from the dawn ﴾ [البقرة: 187]And if the sun is absent in the East, then the people of Morocco are not mushrooms, just as Muslims differ in constipation and daily breakfast, then they must also differ in constipation and monthly breakfast.
The third view: That if it is proven that the month is established with a common matter for the distant, and if it is proven by the ruler with the testimony of two witnesses, it is not necessary for those who came out of his mandate, except that he is the Commander of the Faithful, and he is obligated to do so, then he must be obligated to them, and this is the saying of Ibn Al -Majshon from the Malikis, and he inferred that the country is in the right of the greatest imam like one country.
The fourth saying: It is not necessary for fasting other than the people of the country in which the vision was obtained, unless the imam carries people to do so.
Fifth saying: It is necessary for the rule of vision to everyone who can reach the news to him at night, and this is similar to the saying of the Hanbali at the present time; Because the news can reach all the countries of the world in less than a minute, but it differs from the doctrine if the means of communication are missing, and perhaps this saying is considered the arrival of the news in the past time, even if the means in the present are available, and this is the saying of the Sheikh of Islam that he victory in the fatwas, and he said: They fast only the day when they can see the crescent, and this could not reach it, so it was not the day of their fasting. [مجموع الفتاوى 25/106].
The sixth saying: It is considered a vision for all if it is visible in Mecca, and by it Sheikh Ahmed Shaker said, and it was inferred from the hadith of Abu Hurairah – may God be pleased with him – with a chain of narration: (Fasting on the day you fast, and breaking the fast on the day you break the fast, and the sacrifice on the day of sacrifice); [د 2324، ت 697، جه 1660، وصححه الألباني]And in the narration of Abu Dawood: (And you break your fast on the day you break your fast, and I will sacrifice you on the day of sacrifice, and every Arafah is a position, and every semen is a sacrifice, and all Fajrah Makkah is forbidden, and every group is a position), so the mention of the places of Hajj is likely that fasting is the day when the people of Mecca fast, they are considered their vision and people are followed by them.
In the past, I used to adopt the second saying, but then I read words of Sheikh Al -Islam Ibn Taymiyyah in the fatwas, it turns out that the saying attributed to him in the consideration of the difference of knowledge is inaccurate, which is the saying in which the scholars relied on what Al -Balali attributed to him in the jurisprudence choices.
The Sheikh of Islam was free in the total of the fatwas, and he chose the fifth saying.And inferred as follows:
1- Imam Ahmad relied in the chapter on the hadith of Al -Urabi, who witnessed that he was the people of Al -Hilal yesterday, so the Prophet – may God’s prayers and peace be upon him – ordered people to this vision, even though this vision can be in a non -country, and be above the distance of the palace and did not separate it.
2- Whoever determines the union of vision at the distance of the palace, as well as those who specify it according to the different readings and the regions, their saying is weak, because the distance of the palace is not related to the crescent, and as for the regions, what is its limit? Also, the adoption of the distance of the palace or the regions, leads to a man at the end of the distance and the region, he must fast, break and forget, and another between him and his exaggeration an arrow who does nothing of that, and this is not from the religion of Muslims.
3- The vision differs according to the dispute and westernization, because when it is visible in the East, it must be seen in Morocco and not reflected; Because the sunset is late in Morocco from the time of its sunset in the East, and if he had seen in the East, he increases in Morocco with light and a distance from the sun and its rays at the time of its sunset, so it is more right to see, and this is tangible, and therefore if the time of Morocco enters Morocco, he enters the East and does not reflect, then the planets and their sunset in the East are previously. Because it comes out of Morocco and not in the sky that comes out of Morocco else, and the reason for the precedent of its rise in Morocco is that he may not see in the East on that day, but for the delay of the sunset in Morocco from him in the East, the crescent is increasing from the sun, he may see in Morocco before the East, but if he is seen in the East, he must see in Morocco.
4- The crescent of Hajj is still adhering to the vision of the arriving pilgrims, even if it is above the distance of the palace, and it is considered a vision of those who saw it, and it is not said: Every country has their vision.
5- That the words of the Prophet – may God bless him and grant him peace -: (Your fasting is the day you fast, and you break your fast on the day you break your fast, and sacrifice you on the day of sacrifice); [ت 697، جه 1160، د 2324، وقال الترمذي: “حسن غريب”، وقال ابن القيم: “فيه محمد بن المنكدر لم يسمَع من أبي هريرة”؛ تهذيب السنن 6/442، وضعفه ابن القطان، وصححه الألباني]And this hadith indicates that the correct view is that if a witness witnessed the night of the thirtieth of Shaban that he saw him in a place of places near or far, fasting must be, and if he testifies to see that night to sunset, then they must hold what remains, whether it is from a region or two regions, Considering the knowledge of the flag at a time that benefits.
As for if the vision is eaten after sunset, the future must be fasting in any case, but the last day in which he could not reach them, should it be spent? The right thing is that it is not necessary; Because the fasting of people is the day they fast, and they can only fast the day when they can see the crescent, and this was not able to reach it, so it was not the day of their fasting, and because the commissioning follows the knowledge, and no knowledge or apparent evidence is not obligatory, and because if we said: they spend that day, it is obligatory or desirable, to love fasting the day of doubt; Because the news may come by entering the month, and nothing in the Sharia can be obligatory except for the precaution is a legitimate in its performance, so when the fasting of doubt was not seen, we learned that there is no necessity with the lack of knowledge and the lack of a visionary, so the officer is that the course of this matter is on puberty, so whoever informs him that he is seen in his right without specifying a distance, and this corresponds to what Ibn Abd al -Barr mentioned that Ibn Abd al -Bar Except after a month, there is no use in it, unlike the places where the news reaches before the month of the month, it is the subject of consideration; [مجموع الفتاوى 25/ 103-113].