Verily, all praise is due to Allaah. We admire Him, seek His aid & ask for His forgiveness. And we seek refuge in Allaah from the evil in our souls & from the sins of our deeds. He whom Allaah guides, none can mislead; and whomever He (Allaah) misleads (i.e, allows to go astray), none can guide. I bear witness that there is none worthy of worship (Ilaah) but Allaah; the Alone, without any associates. And I bear witness that Muhammad is His thrall & messenger.
“O you who believe! Revere Allaah the right reverence (i.e, what He deserves) & die not save you are Muslims.” [TMQ-3:102]
“O mankind! Revere your Lord (Rabb), Who has created you from single soul, and created from it its spouse, and dispersed from them numerous men & women. And revere Allaah through Whom you seek your mutual rights, and (cherish the ties of) the wombs (i.e, kinship). Verily, Allaah is ever watchful over you.” [TMQ-4:1]
“O you who believe! Revere Allaah and (always) speak the truth. He will refine your deeds for you and forgive you your sins. And whoever abides by Allaah & His messenger has indeed availed a great achievement.” [TMQ-33:70-71]
To proceed: Indeed, the best speech is the Scripture of Allaah, and the best guidance is the guidance of Muhammad (SAAWS). And the worst affairs are the inventions, for every invention is Bid’ah, and every Bid’ah is misguidance, and every misguidance will be in the hell-fire.
As-Salaamu ‘Alaikum.
Attached herewith are 3 articles, 2 of which are already known to you. First one you received years ago, and the 2nd one recently. I edited only slightly in some places of a brother's (Masud vai’s) mail forwarded to me -may Allaah reward him- & then attached it as an article. I think, these 2 articles will suffice fairly in this regard for the deracination of the many doubts & confusions at least for now.
However, if we keep few very gross points in mind, going through those articles will be easier. They are:-
The reasons for the discrepancy of scholarly opinions are numerous. If only the current issue is taken into consideration, the main reason of Ikhtilaaf here is the different ways to interpret the evidences. That is why, it is seen that boththe scholars in favor of global sighting & those in favor of local sighting are using same texts/proof. And this different mode of interpretation is due to their understanding of the intent & higher objectives (Maqaasid)of the law-giver. Some scholars considered it complicated to integrate practical aspects of the moon sighting with the different timing of sunrise & sunset from place to place; and hence they concluded that a global unity (of the entire Ummah) is not the Maqaasid of the law-giver here. This led them to understand the relevant Nusuus & Adillahin a way resulting in the conclusion of local community-based sighting. Other -more enlightened- scholars realized the way to integrate the moon sighting with the different timing of sunrise & sunset from place to place; and they concluded that splitting the entire Ummah into multiple communities (in this regard) can not be the Maqaasid of the law-giver. This led them to understand the relevant Nusuus & Adillahin a way resulting in the conclusion of the unified global sighting. Hence a careful, delicate & precise realization of the Maqaasid (intents & higher objectives) of the law-giver will make the issue simpler than otherwise thought. In the coming sections (of this mail), attempts to sort out the actual or at least more accurate or preferred Maqaasid is reflected.
In Islaam, both the sun & the crescent/moon are for the counting of time & years [TMQ-10:5;17:12]. So a solar calendar is not contradictory to Islaam; but the days pertaining to Islaamic rituals are based upon the moon (i.e, the lunar calendar) [TMQ-2:189]. And in a lunar calendar, the beginning & end of any particular day is related to the sun.
The days of rituals in Islaam (e.g, the pilgrimage) are specific & applicable for all. This can be understood from [TMQ-22:27-28]. Here the specific days (AiyaamimMa’luu maateen) are same for each & every human be it from Alaska or from Cape Town; and this is the command of Allaah (SWT) to be declared by His messenger (SAAWS) for Mankind. Nowhere in the Scripture or in authentic prophetic traditions, (save the ambiguous Hadith of Ibn Abbas (rd.) that has been discussed in the attachments) anything is found suggesting that the date of (not the time within) a particular day (say today, 18/08/2009) can be different in Alaska from in Cape Town in an Islaamic lunar calendar.
There are numerous ethnic groups & tribes (not in a racist’s sense)in the world. Allaah (SWT) ordained it so that we can know each other [TMQ-49:13]. But for the purpose of Islaamic rituals, He (SWT) ordained single moon, single ground of ‘Arafah, single Ka’baa etc (of course, there also is a single sun but the rulings pertaining to it -as you know by now- differs from the crescent). The virtues of fasting on the day of ‘Arafah is great, and the Messenger of Allaah (SAAWS) said; “The pilgrimage is (to be in the field of) ‘Arafah” [Ahmad & Others]. On the other hand the month [TMQ-2:197] and the days [TMQ-22:27-28] of the pilgrimage are well specified for mankind anywhere existent. Hence unless otherwise proved unambiguously from the Scripture & authentic prophetic traditions, “Yawm al-‘Arafah” is to be a date single & same throughout the globe (but its timing that is, beginning & end will be in accordance with the sun from place to place).
The commencement of the new (lunar) month in Islaam is from the visibility of the Hilaal to human eyes either directly (naked eye) or indirectly (with mechanical assistance like telescope). Astronomical calculations has no room however precise be it [although some stupendous scholars of the near past like Al-Allamah Al-Ustaad Al-Muhaddith Sk Ahmad Muhammad Shaakir later in his life opined in its favor; and others like Yusuuf al-Qardhawee are continuously campaigning]. And if someone can’t see but comes to know in a way reliable in the eyes of Shari’ah, he is to act upon it; he has no right to deny the other Muslim’s testimony unless rejected by the Qadhee or Imaam/Ameer (that is, the authority). So, after 29 days of a month, the new crescent might actually appear in sky; but if it is not visible (directly or indirectly) to eyes with certainty, the Shari’ee next month does not set in & continues to the 30th day of that month. And if on the next day, the crescent appears to be of a size of the 2nd or more nights, it won’t be taken into account according to the command of the messenger (SAAWS) in a similar situation: “….Indeed Allaah has expanded it to favor (your) sighting; therefore it belongs to the night you (first) saw it” [Muslim]. Thus all relevant questions are alleviated. ‘What if the witness lies?’ –the answer can be found in the 1st attachment.
On the contrary, when the Hilaal has been visible to human eyes, the rulings pertaining to it become applicable for all group of people, be they able to see or avail the information or not. The evidence is the incident collected by Imaam Ibn Jareer, Qurtubee, Ibn Katheer, Suyuutee etc. in their compilations. During the era of the prophet (SAAWS), once the Muslim soldiers were unaware of the fact that the Hilaal (of the Rajab) had set in. They indulged in a clash with the Kuffar (unknowing that it was the 1st Rajab) & a Kafir was slain. The Kuffar then accused the Muslims of disrespect to the sacred (Haraam) months and their propaganda started in full swing. In this connection, Allaah (SWT) revealed the verse [TMQ-2:217] refuting their propaganda. But the fact -that it was indeed a sacred month - was not denied. Thus it ascertains that the Hilaal is -when visible- for the Ummah as well as the entire Mankind, not a zonal or local or tribal phenomenon. Anew it nullifies the assumption that zones where the crescent is seen at different days will start & end Ramadhaan differently. [However if people of any zone despite their sincere attempts, fail to see the Hilaal & the news that the Hilaal has been seen elsewhere doesn’t reach them, it is expected that Allaah will forgive them due to their intention & sincerity; but the original rulings of the Shari’ah remains in its place]. There are several narrations regarding the reason of revelation of the aforementioned verse & their texts differ to some extent from each other. What is priorized here may not be liked by some others, that’s why the 3rd attachment is.
The messenger of Allaah (SWT) as in the Saheeh compilation, compared the Muslim Ummah to a wall whose bricks strengthen each other. He (SAAWS) further exemplified the unity of the Ummah by a body -as any of its parts if becomes injured, the whole body is afflicted with the sufferings. Although the prophet (SAAWS) elucidated the allegory with a painful situation, it need not being scholars to realize the other way; that is, regarding matters of pleasure & happiness the Muslim Ummah is again as if a body. The messenger of Allaah (SAAWS) after Hijrah to Madinah substituted the festivals of Jaahiliyyah by the 2 Eids; since then no one claimed them restricted to the Madinan Community or Madinan Muslims only rather they are the Islaamic national festivals. In addition to the lessons & teachings behind the Eids, they are our days to regale, days of maximal harmony & joy, days to give up enmity, days for bridging gaps & rejuvenation of brotherhood. But the matter of great regret is that the Ummah is still in anarchy & splitting even on the occasions of Eids!!!
The current geographical community-base discrepancy in the beginning of Ramadhaan & Eids is contravening of the intent of the relevant prophetic traditions. He (SAAWS) used to accept the testimony of the Muslims from near & far when the crescent was not visible to him or the companions around him. Few scholars restricted those Ahaadith by enquiring how far the witness (who testified to the prophet) came from and some people are barking on this pretext. However, the messenger of Allaah (SAAWS) himself never asked them whether they were from- near or far, home or abroad, or even how far they were when they saw the moon; implying that the geographical distance matters not in this regard. If it mattered, the prophet (SAAWS) would certainly ask them. At this stage, I like to draw your attention to only 3(+1) instances from the AUTHENTIC Sunnah:
(1a) The messenger of Allaah said, “Count (i.e, Mind) the ‘Hilaah (i.e, days) of Sha’baan for the Ramadhaan”. [Tirmidhee, Jaami’ al-Sageer].
(1b) …‘Husayn bin al-‘Haaris al-Jadalee narrated… “The Ameer of Makkah delivered speech (Khutba). Then said, “The messenger of Allaah commanded us that we emphasizeon (crescent) sighting; and that if we don’t see (the moon), we rely on the testimony of two trustworthy witnesses when they testify…..”” ‘Husayn said, “Then I asked the shaikh in the vicinity, “Who is this (person) the Ameer hinting at?” He (the Shaikh) replied, “He is ‘Abdullaah bin ‘Umar, (he is) truthful, more knowledgeable about Allaah than him (the Ameer). And he (Ibn ‘Umar) told (us), “The messenger of Allaah commanded us to do like that””. [Abee Dawuud].
So brothers, if we can’t see the crescent after the 29th day of Sha’baan, we are not just sitting idle folding our arms, closing eyes & blocking ears; rather we are to remain keen & aware of the possibility that the crescent might be seen elsewhere. And if the news reaches us through a reliable channel, the ruling on us is as if we have seen it with our own eyes.
(2) Abee ‘Umair bin Anas narrated from his uncles…… THIS Hadith you will find in the attachments. The point to be noted here is that the caravan came in the afternoon, therefore from fairly away from Madinah. Now the speed of the conveyance of those days may be a concern of some people; but as the prophet (SAAWS) himself did not ask them anything related to this, the matter remains unspecified & therefore unrestricted by a geographical distance. If yet someone surfaces with a concept of maximum probable distance assumed from the conveyances of those days, he is upon his own conjecture and he is contradicting the Sunnah with Raay.
(3) Rib’ee bin ‘Hiraash narrated on the authority of a man from the companions of the prophet (SAAWS) who said, “(once) people differed in the last (day) of Ramadhaan (about the Hilaal of Shawwal). Then 2 villager/Bedouins came and testified by Allaah to the prophet that they had seen the Hilaal last evening. Then the messenger of Allaah commanded the people to terminate the fasting”. In additional narration of the Hadith, “And (the messenger of Allaah commanded the people) to gather around in the place of (Eid) prayer (Musalla)”. [Abee Dawuud].
Those 2 saw the Hilaal in the last evening & by the time they reached the prophet, He (SAAWS) & the companions were already fasting (i.e, they reached on the next day). The messenger of Allaah (SAAWS) didn’t ask them anything regarding wherethey saw the new moon or how far it was!!! This is the action of the prophet (SAAWS) whose duty is- “to inform/command the Ummah of anything that draws near the paradise & to inform/warn the Ummah of anything that drives towards the hell” [Gist of the narrations of ‘Haakim, Musannaf Ibn Abee Shaybah, Bayha’qee, Musannaf ‘Abd al-Razza’q etc. Also in Musnad Abu Bakr al-Haddad & verified to Hasan by Sk-Albaanee]. So, when the messenger of Allaah (SAAWS) did not stipulate any condition (of distance), how dare some people overrule him (SAAWS) by stipulating scum conditions out of mere assumptions?!?!
NOW it is easily understood that the Maqaasid of the law-giver regarding the Ramadhaan & Eids, is to strengthen the unity & brotherhood among the entire Ummah -as if it is just like a body-; not to cause disharmony or nationalism & splitting among them by dividing into geographical communities.
Now comes the Hadith of Kurayb & Ibn ‘Abbaas (RAA). Various scholarly views & exegesis regarding it is in the attachments where it has been dealt well enough. A few aspects of the Hadith still remained outside the focus of the spotlight. Here is a very brief highlighting of those:
Regarding its chain Dr. Abdul Mannan Khan mentioned that some scholars of Hadith such as Imaam Abu Bakr Ibn al-Arabee doubted its authenticity. It seems to be an anaphylactic response to the Hadith of Ibn ‘Abbaas (RAA). The Isnaad of the Hadith is beyond challenge; it is from Saheeh Muslim, Tirmidhee & others.
Ibn ‘Abbaas (RAA) is a companion which in strict sense describes him adequately. Moreover he is the cousin of the prophet (SAAWS) who loved him very much & prayed for him. When the messenger of Allaah (SAAWS) departed, he was a teen ager or close to as evident from his own statement found in ‘Majma’ al-Jawaaid’. He then started acquiring knowledge from the elder companions. In course of time, he became an extremely accomplished Mujtahid; a scholar of Hadith, Fiqh, Seerah, Military strategy etc. His merits sprout most in the field of ‘Quraanic exegesis and he is termed as the crown of the ‘Quraanic commentators (Rais al-Mufassireen). He was praised & loved by other companions. But with due respect, few of his Ijtihad & opinions are criticized & rejected by other companions. For example, his views regarding particular form of Riba (usury) & Mut’a marriage. It is narrated that he backtracked from his earlier opinions in those 2 cases; but regarding Mut’a marriage, Ibn Hajar claimed otherwise. In ‘Fath al-Baaree’ Ibn Hajar mentioned that none of the narrations -rearding Ibn ‘Abbaas (RAA) that his views about Mut’a marriage changed- is authentic. However Ibn Hajar confirmed that Ibn ‘Abbaas (RAA) abandoned issuing verdicts in favor of Mut’a marriage. All these apparently irrelevant information denote that Ibn ‘Abbaas (RAA) is without doubts a great virtuous & esteemed companion, but each & everything coming from him is not absolutely acceptable; in fact only the Messenger of Allaah (SAAWS) deserves that status & nobody is second to him (SAAWS).
It is also worth-mentioning that the ‘Maraasil al-Ashaab’, mursal narrations of the companions are widely acceptable to (almost) all mainstream Hadith masters. However, these ahaadith loose to some extent, their position when questioned or contradicted by narrations directly connected to the prophet (SAAWS). Many of the ahaadith narrated by Ibn’Abbaas (RAA) are Mursal, that is he heard from other companions. This may also be an important aspect of the Hadith of the Qurayb & Ibn ‘Abbaas (RAA).
In the attachments, you will InshaaAlllah find that the scholars of Hadith considered the statement of Ibn ‘Abbaas (RAA) as Muw’quuf; that is, his personal understanding or Ijtihad. To add to this, Ibn Hajar is also among them. He collected the ‘Qawl of Ibn ‘Abbas (RAA) as Maw’quuf [Jujh al-Maw’quuf; no.59].
In the text of the Hadith of Ibn 'Abbaas (RAA), ther is some ambiguity. Remember Quryb was adult enough who can be entrusted with tasks to be done travelling to Sham from Madinah. So he must had passed through several Ramadhaan & enjoyed Eids before. So if it were the actual rulings -fasting & Eids according to geographically local sighting- , Qurayb cannot mess it up. But what we see in the Hadith is that Qurayb failed to come up with that point, he did notask Ibn ‘Abbaas (RAA) whether the moon sighting in Sham invalid for Madinah?or whether the sighting in one town inacceptable for other town? Instead,he (Qurayb) asked Ibn ‘Abbaas (RAA) whether the sighting & fasting of Mu’awiya (RAA) & his men inacceptable/invalid to him!!??!! And Ibn ‘Abbaas (RAA) replied to his question positively & then stated the final sentence (of the Hadith). Thus it is apparent that what Ibn ‘Abbaas (RAA) told was a reply to Qurayb’s question; and Qurayb asked him about the acceptance/validity of Mu’awiya’s (RAA) crescent sighting to him (Ibn ‘Abbaas), NOT about the geographical community-based discrepancy in fasting & eids. Thus what actually Ibn ‘Abbaas (RAA) meant is something extremely complexly delineated. So in addition to the fact that the Hadith of Ibn ‘Abbaas (RAA) is by itself Maw’quuf; a meaning or interpretation -that different city-dwellers will follow their own crescent sighting- from the Maw’quuf statement remains ambiguous to a degree. -AND ALLAAH (SWT) KNOWS THE BEST IN THIS & ALL OTHER REGARDS.
Brothers in Islaam, you know the status & position of the messenger of Allaah (SAAWS) in Islaam. We have no choice but to obey him. The 3+(1) Ahaadith cited above are limpid & glaring evidences of the action of the prophet (SAAWS) & those accompanying him. On the other hand, the Hadith of Qurayb or Ibn ‘Abbaas (RAA) is Maw’quuf & even worse, ambiguous. Another statement from Ibn ‘Abbaas (RAA) may be very rational to quote:- “There is none whose ‘Ilm doesn’t has acceptable & refutable portions except (the ‘Ilm) from the messenger of Allah” {that is, only the ‘Ilm from the prophet SAAWS is through & through acceptable. For others than him, some of there ‘Ilm may be acceptable whereas rest is not}. [Tabaraanee; verified to Hasan by al-Iraqee].
Regarding the authority, a Govt. that does not rule by what Allaah (SWT) revealed or a body formulated by such a Govt. can no way be the authority over us. The Hadith in this reference (to obey even a slave....) is not at all applicable here (in curent context) & a gross misquote for our time. Why don’t those who misquote the Hadith obey their authority(?!?!) in cases of Shab-e-Barat? or to extend, in Pohela Boshakh etc.? We are certainly aware of the existing reality around us; but it did also happen with the messenger of Allaah (SAAWS). Abu Jahl, Abu Lahab used to govern his (SAAWS) contemporary society, they even dominated over him by muscle power; but did he (SAAWS) ever consider them as authority over him? Still some ill-mannered, full of double standards, arrogant Irjaee & dot.com contemporaries -pretending as self-proclaimed scholars (or at least in the making)- are selling advices(!?!?), barking in favor of those so called authorities and even -without proper depth of knowledge, concept, qualifications & skill- issuing verdicts(?!?!) that those authorities are not…. (what they actually are).
Brothers in Islaam, isn’t the garbage the most fitting place for any & any opinion/Ijtihaad (whoever from it) contrary to the authentic prophetic traditions? Let it be concluded with the statement of Ibn ‘Abbaas (RAA) himself, “I am afraid of the blue stones being thrown onto you! I say the messenger of Allaah (SAAWS) said, whereas you say Abu Bakr & ‘Umar said!” [Rafwu’ al-Malaam ‘An Ayimmah al-‘Alaam - Ibn Taimiyyah; Sk ‘Abd al-Maalik verified it to Hasan in ‘Sittu Duraar Min Ahl al-Athaar’].
May Allaah guide us to His straight path to Jannah.
“O you who believe! Revere Allaah the right reverence (i.e, what He deserves) & die not save you are Muslims.” [TMQ-3:102]
“O mankind! Revere your Lord (Rabb), Who has created you from single soul, and created from it its spouse, and dispersed from them numerous men & women. And revere Allaah through Whom you seek your mutual rights, and (cherish the ties of) the wombs (i.e, kinship). Verily, Allaah is ever watchful over you.” [TMQ-4:1]
“O you who believe! Revere Allaah and (always) speak the truth. He will refine your deeds for you and forgive you your sins. And whoever abides by Allaah & His messenger has indeed availed a great achievement.” [TMQ-33:70-71]
To proceed: Indeed, the best speech is the Scripture of Allaah, and the best guidance is the guidance of Muhammad (SAAWS). And the worst affairs are the inventions, for every invention is Bid’ah, and every Bid’ah is misguidance, and every misguidance will be in the hell-fire.
As-Salaamu ‘Alaikum.
Attached herewith are 3 articles, 2 of which are already known to you. First one you received years ago, and the 2nd one recently. I edited only slightly in some places of a brother's (Masud vai’s) mail forwarded to me -may Allaah reward him- & then attached it as an article. I think, these 2 articles will suffice fairly in this regard for the deracination of the many doubts & confusions at least for now.
However, if we keep few very gross points in mind, going through those articles will be easier. They are:-
The reasons for the discrepancy of scholarly opinions are numerous. If only the current issue is taken into consideration, the main reason of Ikhtilaaf here is the different ways to interpret the evidences. That is why, it is seen that boththe scholars in favor of global sighting & those in favor of local sighting are using same texts/proof. And this different mode of interpretation is due to their understanding of the intent & higher objectives (Maqaasid)of the law-giver. Some scholars considered it complicated to integrate practical aspects of the moon sighting with the different timing of sunrise & sunset from place to place; and hence they concluded that a global unity (of the entire Ummah) is not the Maqaasid of the law-giver here. This led them to understand the relevant Nusuus & Adillahin a way resulting in the conclusion of local community-based sighting. Other -more enlightened- scholars realized the way to integrate the moon sighting with the different timing of sunrise & sunset from place to place; and they concluded that splitting the entire Ummah into multiple communities (in this regard) can not be the Maqaasid of the law-giver. This led them to understand the relevant Nusuus & Adillahin a way resulting in the conclusion of the unified global sighting. Hence a careful, delicate & precise realization of the Maqaasid (intents & higher objectives) of the law-giver will make the issue simpler than otherwise thought. In the coming sections (of this mail), attempts to sort out the actual or at least more accurate or preferred Maqaasid is reflected.
In Islaam, both the sun & the crescent/moon are for the counting of time & years [TMQ-10:5;17:12]. So a solar calendar is not contradictory to Islaam; but the days pertaining to Islaamic rituals are based upon the moon (i.e, the lunar calendar) [TMQ-2:189]. And in a lunar calendar, the beginning & end of any particular day is related to the sun.
The days of rituals in Islaam (e.g, the pilgrimage) are specific & applicable for all. This can be understood from [TMQ-22:27-28]. Here the specific days (AiyaamimMa’luu maateen) are same for each & every human be it from Alaska or from Cape Town; and this is the command of Allaah (SWT) to be declared by His messenger (SAAWS) for Mankind. Nowhere in the Scripture or in authentic prophetic traditions, (save the ambiguous Hadith of Ibn Abbas (rd.) that has been discussed in the attachments) anything is found suggesting that the date of (not the time within) a particular day (say today, 18/08/2009) can be different in Alaska from in Cape Town in an Islaamic lunar calendar.
There are numerous ethnic groups & tribes (not in a racist’s sense)in the world. Allaah (SWT) ordained it so that we can know each other [TMQ-49:13]. But for the purpose of Islaamic rituals, He (SWT) ordained single moon, single ground of ‘Arafah, single Ka’baa etc (of course, there also is a single sun but the rulings pertaining to it -as you know by now- differs from the crescent). The virtues of fasting on the day of ‘Arafah is great, and the Messenger of Allaah (SAAWS) said; “The pilgrimage is (to be in the field of) ‘Arafah” [Ahmad & Others]. On the other hand the month [TMQ-2:197] and the days [TMQ-22:27-28] of the pilgrimage are well specified for mankind anywhere existent. Hence unless otherwise proved unambiguously from the Scripture & authentic prophetic traditions, “Yawm al-‘Arafah” is to be a date single & same throughout the globe (but its timing that is, beginning & end will be in accordance with the sun from place to place).
The commencement of the new (lunar) month in Islaam is from the visibility of the Hilaal to human eyes either directly (naked eye) or indirectly (with mechanical assistance like telescope). Astronomical calculations has no room however precise be it [although some stupendous scholars of the near past like Al-Allamah Al-Ustaad Al-Muhaddith Sk Ahmad Muhammad Shaakir later in his life opined in its favor; and others like Yusuuf al-Qardhawee are continuously campaigning]. And if someone can’t see but comes to know in a way reliable in the eyes of Shari’ah, he is to act upon it; he has no right to deny the other Muslim’s testimony unless rejected by the Qadhee or Imaam/Ameer (that is, the authority). So, after 29 days of a month, the new crescent might actually appear in sky; but if it is not visible (directly or indirectly) to eyes with certainty, the Shari’ee next month does not set in & continues to the 30th day of that month. And if on the next day, the crescent appears to be of a size of the 2nd or more nights, it won’t be taken into account according to the command of the messenger (SAAWS) in a similar situation: “….Indeed Allaah has expanded it to favor (your) sighting; therefore it belongs to the night you (first) saw it” [Muslim]. Thus all relevant questions are alleviated. ‘What if the witness lies?’ –the answer can be found in the 1st attachment.
On the contrary, when the Hilaal has been visible to human eyes, the rulings pertaining to it become applicable for all group of people, be they able to see or avail the information or not. The evidence is the incident collected by Imaam Ibn Jareer, Qurtubee, Ibn Katheer, Suyuutee etc. in their compilations. During the era of the prophet (SAAWS), once the Muslim soldiers were unaware of the fact that the Hilaal (of the Rajab) had set in. They indulged in a clash with the Kuffar (unknowing that it was the 1st Rajab) & a Kafir was slain. The Kuffar then accused the Muslims of disrespect to the sacred (Haraam) months and their propaganda started in full swing. In this connection, Allaah (SWT) revealed the verse [TMQ-2:217] refuting their propaganda. But the fact -that it was indeed a sacred month - was not denied. Thus it ascertains that the Hilaal is -when visible- for the Ummah as well as the entire Mankind, not a zonal or local or tribal phenomenon. Anew it nullifies the assumption that zones where the crescent is seen at different days will start & end Ramadhaan differently. [However if people of any zone despite their sincere attempts, fail to see the Hilaal & the news that the Hilaal has been seen elsewhere doesn’t reach them, it is expected that Allaah will forgive them due to their intention & sincerity; but the original rulings of the Shari’ah remains in its place]. There are several narrations regarding the reason of revelation of the aforementioned verse & their texts differ to some extent from each other. What is priorized here may not be liked by some others, that’s why the 3rd attachment is.
The messenger of Allaah (SWT) as in the Saheeh compilation, compared the Muslim Ummah to a wall whose bricks strengthen each other. He (SAAWS) further exemplified the unity of the Ummah by a body -as any of its parts if becomes injured, the whole body is afflicted with the sufferings. Although the prophet (SAAWS) elucidated the allegory with a painful situation, it need not being scholars to realize the other way; that is, regarding matters of pleasure & happiness the Muslim Ummah is again as if a body. The messenger of Allaah (SAAWS) after Hijrah to Madinah substituted the festivals of Jaahiliyyah by the 2 Eids; since then no one claimed them restricted to the Madinan Community or Madinan Muslims only rather they are the Islaamic national festivals. In addition to the lessons & teachings behind the Eids, they are our days to regale, days of maximal harmony & joy, days to give up enmity, days for bridging gaps & rejuvenation of brotherhood. But the matter of great regret is that the Ummah is still in anarchy & splitting even on the occasions of Eids!!!
The current geographical community-base discrepancy in the beginning of Ramadhaan & Eids is contravening of the intent of the relevant prophetic traditions. He (SAAWS) used to accept the testimony of the Muslims from near & far when the crescent was not visible to him or the companions around him. Few scholars restricted those Ahaadith by enquiring how far the witness (who testified to the prophet) came from and some people are barking on this pretext. However, the messenger of Allaah (SAAWS) himself never asked them whether they were from- near or far, home or abroad, or even how far they were when they saw the moon; implying that the geographical distance matters not in this regard. If it mattered, the prophet (SAAWS) would certainly ask them. At this stage, I like to draw your attention to only 3(+1) instances from the AUTHENTIC Sunnah:
(1a) The messenger of Allaah said, “Count (i.e, Mind) the ‘Hilaah (i.e, days) of Sha’baan for the Ramadhaan”. [Tirmidhee, Jaami’ al-Sageer].
(1b) …‘Husayn bin al-‘Haaris al-Jadalee narrated… “The Ameer of Makkah delivered speech (Khutba). Then said, “The messenger of Allaah commanded us that we emphasizeon (crescent) sighting; and that if we don’t see (the moon), we rely on the testimony of two trustworthy witnesses when they testify…..”” ‘Husayn said, “Then I asked the shaikh in the vicinity, “Who is this (person) the Ameer hinting at?” He (the Shaikh) replied, “He is ‘Abdullaah bin ‘Umar, (he is) truthful, more knowledgeable about Allaah than him (the Ameer). And he (Ibn ‘Umar) told (us), “The messenger of Allaah commanded us to do like that””. [Abee Dawuud].
So brothers, if we can’t see the crescent after the 29th day of Sha’baan, we are not just sitting idle folding our arms, closing eyes & blocking ears; rather we are to remain keen & aware of the possibility that the crescent might be seen elsewhere. And if the news reaches us through a reliable channel, the ruling on us is as if we have seen it with our own eyes.
(2) Abee ‘Umair bin Anas narrated from his uncles…… THIS Hadith you will find in the attachments. The point to be noted here is that the caravan came in the afternoon, therefore from fairly away from Madinah. Now the speed of the conveyance of those days may be a concern of some people; but as the prophet (SAAWS) himself did not ask them anything related to this, the matter remains unspecified & therefore unrestricted by a geographical distance. If yet someone surfaces with a concept of maximum probable distance assumed from the conveyances of those days, he is upon his own conjecture and he is contradicting the Sunnah with Raay.
(3) Rib’ee bin ‘Hiraash narrated on the authority of a man from the companions of the prophet (SAAWS) who said, “(once) people differed in the last (day) of Ramadhaan (about the Hilaal of Shawwal). Then 2 villager/Bedouins came and testified by Allaah to the prophet that they had seen the Hilaal last evening. Then the messenger of Allaah commanded the people to terminate the fasting”. In additional narration of the Hadith, “And (the messenger of Allaah commanded the people) to gather around in the place of (Eid) prayer (Musalla)”. [Abee Dawuud].
Those 2 saw the Hilaal in the last evening & by the time they reached the prophet, He (SAAWS) & the companions were already fasting (i.e, they reached on the next day). The messenger of Allaah (SAAWS) didn’t ask them anything regarding wherethey saw the new moon or how far it was!!! This is the action of the prophet (SAAWS) whose duty is- “to inform/command the Ummah of anything that draws near the paradise & to inform/warn the Ummah of anything that drives towards the hell” [Gist of the narrations of ‘Haakim, Musannaf Ibn Abee Shaybah, Bayha’qee, Musannaf ‘Abd al-Razza’q etc. Also in Musnad Abu Bakr al-Haddad & verified to Hasan by Sk-Albaanee]. So, when the messenger of Allaah (SAAWS) did not stipulate any condition (of distance), how dare some people overrule him (SAAWS) by stipulating scum conditions out of mere assumptions?!?!
NOW it is easily understood that the Maqaasid of the law-giver regarding the Ramadhaan & Eids, is to strengthen the unity & brotherhood among the entire Ummah -as if it is just like a body-; not to cause disharmony or nationalism & splitting among them by dividing into geographical communities.
Now comes the Hadith of Kurayb & Ibn ‘Abbaas (RAA). Various scholarly views & exegesis regarding it is in the attachments where it has been dealt well enough. A few aspects of the Hadith still remained outside the focus of the spotlight. Here is a very brief highlighting of those:
Regarding its chain Dr. Abdul Mannan Khan mentioned that some scholars of Hadith such as Imaam Abu Bakr Ibn al-Arabee doubted its authenticity. It seems to be an anaphylactic response to the Hadith of Ibn ‘Abbaas (RAA). The Isnaad of the Hadith is beyond challenge; it is from Saheeh Muslim, Tirmidhee & others.
Ibn ‘Abbaas (RAA) is a companion which in strict sense describes him adequately. Moreover he is the cousin of the prophet (SAAWS) who loved him very much & prayed for him. When the messenger of Allaah (SAAWS) departed, he was a teen ager or close to as evident from his own statement found in ‘Majma’ al-Jawaaid’. He then started acquiring knowledge from the elder companions. In course of time, he became an extremely accomplished Mujtahid; a scholar of Hadith, Fiqh, Seerah, Military strategy etc. His merits sprout most in the field of ‘Quraanic exegesis and he is termed as the crown of the ‘Quraanic commentators (Rais al-Mufassireen). He was praised & loved by other companions. But with due respect, few of his Ijtihad & opinions are criticized & rejected by other companions. For example, his views regarding particular form of Riba (usury) & Mut’a marriage. It is narrated that he backtracked from his earlier opinions in those 2 cases; but regarding Mut’a marriage, Ibn Hajar claimed otherwise. In ‘Fath al-Baaree’ Ibn Hajar mentioned that none of the narrations -rearding Ibn ‘Abbaas (RAA) that his views about Mut’a marriage changed- is authentic. However Ibn Hajar confirmed that Ibn ‘Abbaas (RAA) abandoned issuing verdicts in favor of Mut’a marriage. All these apparently irrelevant information denote that Ibn ‘Abbaas (RAA) is without doubts a great virtuous & esteemed companion, but each & everything coming from him is not absolutely acceptable; in fact only the Messenger of Allaah (SAAWS) deserves that status & nobody is second to him (SAAWS).
It is also worth-mentioning that the ‘Maraasil al-Ashaab’, mursal narrations of the companions are widely acceptable to (almost) all mainstream Hadith masters. However, these ahaadith loose to some extent, their position when questioned or contradicted by narrations directly connected to the prophet (SAAWS). Many of the ahaadith narrated by Ibn’Abbaas (RAA) are Mursal, that is he heard from other companions. This may also be an important aspect of the Hadith of the Qurayb & Ibn ‘Abbaas (RAA).
In the attachments, you will InshaaAlllah find that the scholars of Hadith considered the statement of Ibn ‘Abbaas (RAA) as Muw’quuf; that is, his personal understanding or Ijtihad. To add to this, Ibn Hajar is also among them. He collected the ‘Qawl of Ibn ‘Abbas (RAA) as Maw’quuf [Jujh al-Maw’quuf; no.59].
In the text of the Hadith of Ibn 'Abbaas (RAA), ther is some ambiguity. Remember Quryb was adult enough who can be entrusted with tasks to be done travelling to Sham from Madinah. So he must had passed through several Ramadhaan & enjoyed Eids before. So if it were the actual rulings -fasting & Eids according to geographically local sighting- , Qurayb cannot mess it up. But what we see in the Hadith is that Qurayb failed to come up with that point, he did notask Ibn ‘Abbaas (RAA) whether the moon sighting in Sham invalid for Madinah?or whether the sighting in one town inacceptable for other town? Instead,he (Qurayb) asked Ibn ‘Abbaas (RAA) whether the sighting & fasting of Mu’awiya (RAA) & his men inacceptable/invalid to him!!??!! And Ibn ‘Abbaas (RAA) replied to his question positively & then stated the final sentence (of the Hadith). Thus it is apparent that what Ibn ‘Abbaas (RAA) told was a reply to Qurayb’s question; and Qurayb asked him about the acceptance/validity of Mu’awiya’s (RAA) crescent sighting to him (Ibn ‘Abbaas), NOT about the geographical community-based discrepancy in fasting & eids. Thus what actually Ibn ‘Abbaas (RAA) meant is something extremely complexly delineated. So in addition to the fact that the Hadith of Ibn ‘Abbaas (RAA) is by itself Maw’quuf; a meaning or interpretation -that different city-dwellers will follow their own crescent sighting- from the Maw’quuf statement remains ambiguous to a degree. -AND ALLAAH (SWT) KNOWS THE BEST IN THIS & ALL OTHER REGARDS.
Brothers in Islaam, you know the status & position of the messenger of Allaah (SAAWS) in Islaam. We have no choice but to obey him. The 3+(1) Ahaadith cited above are limpid & glaring evidences of the action of the prophet (SAAWS) & those accompanying him. On the other hand, the Hadith of Qurayb or Ibn ‘Abbaas (RAA) is Maw’quuf & even worse, ambiguous. Another statement from Ibn ‘Abbaas (RAA) may be very rational to quote:- “There is none whose ‘Ilm doesn’t has acceptable & refutable portions except (the ‘Ilm) from the messenger of Allah” {that is, only the ‘Ilm from the prophet SAAWS is through & through acceptable. For others than him, some of there ‘Ilm may be acceptable whereas rest is not}. [Tabaraanee; verified to Hasan by al-Iraqee].
Regarding the authority, a Govt. that does not rule by what Allaah (SWT) revealed or a body formulated by such a Govt. can no way be the authority over us. The Hadith in this reference (to obey even a slave....) is not at all applicable here (in curent context) & a gross misquote for our time. Why don’t those who misquote the Hadith obey their authority(?!?!) in cases of Shab-e-Barat? or to extend, in Pohela Boshakh etc.? We are certainly aware of the existing reality around us; but it did also happen with the messenger of Allaah (SAAWS). Abu Jahl, Abu Lahab used to govern his (SAAWS) contemporary society, they even dominated over him by muscle power; but did he (SAAWS) ever consider them as authority over him? Still some ill-mannered, full of double standards, arrogant Irjaee & dot.com contemporaries -pretending as self-proclaimed scholars (or at least in the making)- are selling advices(!?!?), barking in favor of those so called authorities and even -without proper depth of knowledge, concept, qualifications & skill- issuing verdicts(?!?!) that those authorities are not…. (what they actually are).
Brothers in Islaam, isn’t the garbage the most fitting place for any & any opinion/Ijtihaad (whoever from it) contrary to the authentic prophetic traditions? Let it be concluded with the statement of Ibn ‘Abbaas (RAA) himself, “I am afraid of the blue stones being thrown onto you! I say the messenger of Allaah (SAAWS) said, whereas you say Abu Bakr & ‘Umar said!” [Rafwu’ al-Malaam ‘An Ayimmah al-‘Alaam - Ibn Taimiyyah; Sk ‘Abd al-Maalik verified it to Hasan in ‘Sittu Duraar Min Ahl al-Athaar’].
May Allaah guide us to His straight path to Jannah.
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