Fwd: [bangla-vision] Moon Sighting -Eid Is Global

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From: Aqsa Mujahidah Fisabeelillah Inshallah <bakka.makka@gmail.com>
Date: Mon, Nov 15, 2010 at 10:58 AM
Subject: [bangla-vision] Moon Sighting -Eid Is Global

 

Bismillaah, wal-hamdulilaah, was-salaatu was-salaamu 'alaa rasoolillaah, Assalaamu alaykum wa rahmatuallahi wa barakatuhu   http://ilovehajj.blogspot.com/ Eid is global,Ummah is one ummah,Muslims are single brotherhood. 2: 189. They ask you (O Muhammad SAW) about the new moons. Say: These are signs to mark fixed periods of time for mankind and for the pilgrimage. It is not Al-Birr (piety, righteousness, etc.) that you enter the houses from the back but Al-Birr (is the quality of the one) who fears Allâh. So enter houses through their proper doors, and fear Allâh that you may be successful. 2:185. The month of Ramadân in which was revealed the Qur'ân, a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong). So whoever of you sights (the crescent on the first night of) the month (of Ramadân i.e. is present at his home), he must observe Saum (fasts) that month, and whoever is ill or on a journey, the same number [of days which one did not observe Saum (fasts) must be made up] from other days. Allâh intends for you ease, and He does not want to make things difficult for you. (He wants that you) must complete the same number (of days), and that you must magnify Allâh [i.e. to say Takbîr (Allâhu-Akbar; Allâh is the Most Great) on seeing the crescent of the months of Ramadân and Shawwâl] for having guided you so that you may be grateful to Him. Malik's Muwatta.18.1.1 Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, once mentioned Ramadan and said, "Do not begin the fast until you see the new moon, and do not break the fast (at the end of Ramadan) until you see it. If the new moon is obscured from you, then work out (when it should be)." The command of fasting and breaking fast is general: "Do not fast till you see it and do not break fast till you see it." - "Do fast when you it is sighted and break fast when it is sighted." The verb 'Sumu' 'Do fast' is in the plural form includes all Muslims all over the world. Furthermore, the word 'Ruayateh' 'sighting' has also come in a general form: "When it is sighted" or "If it is sighted."; this means that it includes any sighting, and it does not merely apply to the person who sights the new moon, nor does it specifically apply only to the people of his own country, for the address which orders the fast and the breaking of the fast is general and comprehensive, as is the address concerning the sighting, therefore, the rule is undoubtedly general. The command is not for individual Muslims to sight the moon and then begin fasting or to make Eid based upon their personal sighting. Even the Prophet صلى الله عليه وسلم used to begin fasting when he had not personally seen the moon but a Muslim had reported to him that they had seen it. Ibn Umar (ra) reported, "During the time of the Prophet صلى الله عليه وسلم, the companions went looking for the new crescent. So I told the Prophet صلى الله عليه وسلم that I saw it. So he fasted and told the companions to fast." [Abu Dawud & Hakim] It is also reported in a Saheeh hadith: Abu 'Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger of Allaah (peace and blessings of Allaah be upon him) that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day." [Reported by the five. It is sahih; al-Irwaa', 3/102, Abu Dawud 1153] The view that sighting of the moon in one country becomes binding for all other countries is the view of the majority of scholars, The view that there may be differences in sighting between different countries is the more correct view according to the Shaafa'is. The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) in Al-Mabsoot quotes the narration from Abu Dawud (2333, 2334) that the Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet (saaw) that he had seen it (the moon). The Prophet صلى الله عليه وسلم asked him if he was a Muslim to which the man answered in the affirmative. The Prophet صلى الله عليه وسلم then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet صلى الله عليه وسلم fasted and asked the people to stop eating and start fasting. [Al-Mabsout by Imam Sarkhasi; 3-52] Ibn Taymiyyah concluded: "To summarize: a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Shar` (Islamic law)." [Majmu Al-Fatawa, volume 5, page 111] One who sights the moon should be of good character. It was narrated that Ibn 'Abbaas (may Allah be pleased with him) said: A Bedouin came to the Prophet (blessings and peace of Allah be upon him) and said, I have seen the new moon tonight. He said, "Do you bear witness that there is no god except Allaah and that Muhammad is the Messenger of Allaah (blessings and peace of Allah be upon him)?" He said, Yes. He said, "Get up, O Bilaal, and announce to the people that they should fast tomorrow." Narrated by al-Tirmidhi (691), Abu Dawood (2340), al-Nasaa'i (2112) and Ibn Maajah (1652). The hadeeth is da'eef (weak) and not saheeh. It was classed as weak by al-Nasaa'i, al-Albaani and others. As the hadeeth is weak, there is no contradiction between it and what we have mentioned about it being essential that the one who sights the moon should be of good character. the Caliph Umar RadiAllahtala anhu told people not to concern themselves with the relative size of the new moon. He informed them that some months it will be larger than others,which is consistent with modern knowledge due to the number of hours that have transpired after conjunction. In a sound hadith in the chapter on fasting in Imam Muslim's collection Astronomical calculations are forbidden Overwhelming majority of scholars also agreed not to consider astronomy or calculations as a tool to confirm the beginning of Ramadan or 'Id. Scholars who quoted this consensus include al-Jassas al–Hanafi 1, al-Baji al-Maliki 2, Ibn Rushd al-Maliki 3, al-Subki al-Shafi'i 4, Ibn Taymiyyah 5, Ibn 'Abidin Al-Hanafi 6 and others It was narrated from Ibn 'Umar (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: "We are an unlettered nation, we do not write or calculate. The month is such-and-such or such-and-such – meaning sometimes it is twenty-nine and sometimes it is thirty." (Narrated by al-Bukhaari, 1814; Muslim, 1080) In the Tafseer of Al-Qurtabi, Ibn Nafi'e (ra) reported that Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated." The renowned scholar Ibn Al'Arabi said, "Some of our people erred when they reported that Imam Shaf'i relied on calculations." Ibn Al-'Arabi commented, "The report is baseless and falsehood." [Tafseer Al-Qurtabi] Lets take a look at opinion of contemporary Hanafi scholars: The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday itself, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting." [Maulana Rasheed Ahmad Gangohi, Sharh Tirmizi (Explanation of Tirmizi), Kaukab un Durri, pg 336 Urdu edition]. Fatwa of Dar-ul-Uloom Deoband(India)"Wherever the sighting is confirmed, however far off it may be, even if it were to be thousands of miles; the people of this place will have to abide by that." [Fatawa Dar ul Uloom Deoband, Vol. 6 page 380, Urdu edition] The founder of the Barlevi's said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east." [Maulana Ahmad Raza Khan, Fatawa Rizwi; Vol 4 page 568, Urdu edition] The Eid Prayer is wajib (obligatory) according to the majority of scholars. Ibn `Abbas said that the Prophet would take his wives and daughters to the two `Eids. This is reported by Ibn-Majah and al-Bayhaqi. Ibn `Abbas further reported: "I went out with the Prophet on the day of breaking the fast or of the sacrifice, and he prayed and gave a khutbah (sermon), and then he went to the women and admonished them, reminded them of Allah, and ordered them to give charity." (Reported by Al-Bukhari) According to a report narrated by al-Tirmidhi: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to bring out the virgins, adolescent girls, women in seclusion and menstruating women on the two Eids, but the menstruating women were to keep away from the prayer place and witness the gathering of the Muslims. One of them said, "O Messenger of Allaah, what if she does not have a jilbaab?" He said, "Then let her sister lend her one of her jilbaabs." (Agreed upon). According to a report narrated by al-Nasaa'i, Hafsah bint Sireen said: Umm 'Atiyyah hardly ever mentioned the Messenger of Allaah (peace and blessings of Allaah be upon him) but she would say, "May my father be sacrificed for him." I said, "Did you hear the Messenger of Allaah (peace and blessings of Allaah be upon him) say such and such," and she said, "Yes, may my father be sacrificed for him, and he said, 'Let the adolescent girls, women in seclusion and menstruating women come out to attend Eid and witness the gathering of the Muslims, but let the menstruating women avoid the prayer place.'" Narrated by al-Bukhaari, 1/84 Ash-Shawkani said: "Note that the Prophet (peace be upon him) consistently performed this prayer on every Eid, never neglecting it. He commanded the people to go out for it; he even commanded the free women, the virgins, and the menstruating women to go out, instructing the latter to refrain from praying, in order for all of them to witness this good and the Muslims' supplications. He (peace be upon him) further commanded the woman who did not own a jilbab (outer overall garment for women) to borrow her friend's. Waliyyullah ad-Dahlawi said: "This is the opinion of ash-Shafi`i - that if one misses the prayer with the imam, he should pray two Rak`at in order to at least attain the virtue of performing the Eid prayer, despite the fact that he missed the virtue of praying it in Jama`ah with the imam. As for the Hanafis, there is no make-up for the Eid prayer. If one misses it with the imam, he has totally missed it." Imam Malik said: "In my opinion, anyone who prays the Eid prayer individually, whether man or woman, should say seven Takbirs in the first rak`ah, before recitation, and five in the second, before recitation." Sheikhul-Islam Ibn Taymiyyah said: "... Thus we lean towards the opinion that Salatul-Eid is fard `Ayn (individual obligation) on each individual. This is the opinion of Abu Hanifah and others, and is one of the two reported opinions of ash-Shafi`i and of the school of Ahmad. Missing The Eid Prayer If one misses the Eid prayer in Jama`ah, he must pray two Rak`at. Imam al-Bukhari headed a section as, "Section: One Who Misses the Eid Prayer Should Pray Two Rak`at." And he added that `Ata' said:"When one misses the Eid prayer, he prays two Rak`at." Al-Hafiz Bin Hajar commented on this:"In this title are two important points: The permission to make up the Eid prayer for the one who misses praying it with the Jama`ah - whether that happened by compulsion or choice. That it is made-up as two Rak`at." Waliyyullah ad-Dahlawi said: "This is the opinion of ash-Shafi`i - that if one misses the prayer with the imam, he should pray two Rak`at in order to at least attain the virtue of performing the Eid prayer, despite the fact that he missed the virtue of praying it in Jama`ah with the imam. As for the Hanafis, there is no make-up for the Eid prayer. If one misses it with the imam, he has totally missed it." Imam Malik said:"In my opinion, anyone who prays the Eid prayer individually, whether man or woman, should say seven Takbirs in the first rak`ah, before recitation, and five in the second, before recitation." We need to remember the statement of Ibn Masud (ra): "The Jama'a is Haq (truth) even if it is one person". Refutations As for the Shub'ha (controversial evidence) of those who claim that the beginning of the fast and the end of the fast i.e. the day of Eid could be different, this can be summarised in two points: 1- The first Shub'ha: They claim that to each people living in one country their sighting, for each people should follow their own times just like the times of prayer; this is why they said: The precept lies in the Matali', i.e. the time of rising (of celestial bodies). In answer to this claim we say the following: The times of prayer are subject to their scheduled times and these are different even in the one region, for the signs which the Shari'ah has specified would occur at different times; as far as fasting is concerned, this difference also applies at the time of Imsak (beginning of fast) at dawn and at the time of Iftar (end of fast) just after sunset, this is so because the text has indicated this difference: Allah سبحانه وتعالى says: وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّواْ الصِّيَامَ إِلَى الَّليْلِ "And eat and drink until the white thread of dawn appears to you distinct from its black thread; Then complete your fast until the night appears" [Al-Baqarah, 2:187] The Imsak and the Iftar times differ from one place to another just like the times of prayer, which also differ from place to place, this difference happens in the one single day, however, the beginning of the month of fasting must begin on the same day all over the whole world, and the difference occurs only in the parts of the single day. This is what the texts of the Ahadith have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule. The difference in the rise of the new moon between the farthest two points in the world does not exceed twelve hours; and the classical Mujtahids (learned scholars) are excused for not understanding this deduction from the Shari'ah rule, for at the time, they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no pretexts or excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days. Therefore, the month of fasting begins for the Islamic Ummah all over the world on the same day and the end of the month of fasting and the beginning of Eid also occurs on the same day for all the Islamic Ummah all over the world. Its not necessary not the moon should be sighted only in Makkah because Muawiyah radiallah tala anhu saw it in syria and that was enough. Imam Juzairi said in Fiqh al Madhahib al Arba'a (The Fiqh of the four schools of thought) Volume 1 gives two views of the Hanafi's regarding this: 1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not, Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah صلى الله عليه وسلم said: There is no obedience to the one who does not obey Allah 'azza wa jall.' 1- The second Shub'ha:Sahih Muslim Book 6 Chapter 5: Kurayb narrates that Umm al-Fadl sent him to Mu'awiyah in Sham for something.Kurayb says, "I went to Sham and finished the job. I was in Sham when the month of Ramadan began and we saw the moon the night of Friday. When I reached Madinah at the end of the blessed month, Ibn 'Abbas asked me about Sham. (After answering him) He then asked me when we saw the moon.I said, 'We saw the moon the night of Jumu'ah.'He asked, 'Did you see it as well?' I said, 'Yes, I saw it too and many others saw it and we all kept fasting and so did Mu'awiyah (that is according to that moonsighting).'Ibn 'Abbas said, 'But we saw the moon on Saturday night, therefore, we will keep fasting for thirty days according to that unless we sight the moon on the 29th.'I asked, 'You don't think the moonsighting of Mu'awiyah and his fasting is enough for you?' Ibn 'Abbas replied, 'No, this is how the Blessed Prophet (Allah صلى الله عليه وسلم ) taught us.'" (Muslim H.1819, Tirmiði H.629, Nasa'i H.2084, Abu-Dawud H.1985, Musnad Ahmad H.2653 Dar-qutni H.2234) The answer to this claim lies in the fact that this report is not a Hadith of the Messenger of Allah صلى الله عليه وسلم but the Ijtihad of a Sahabi, and the Ijtihad of the Sahabi is not comparable to the Hadith of the Prophet صلى الله عليه وسلم. The fact that Ibnu Abbas (R) did not act upon the sighting of the people of Al-Sham reflects an Ijtihad and it cannot be used as a Shari'ah evidence; and besides, the Ijtihad is always nullified by the general Shari'ah evidence, thus the Hadith must be acted upon ahead of the Ijtihad which has to be abandoned. Furthermore, the Ijtihad of the Sahabi cannot specify the general term of the Hadith. As for the saying of Ibnu Abbas at the end of the report: "This is how the Messenger of Allah صلى الله عليه وسلم commanded us.", it is not a Hadith but merely the way Ibnu Abbas understood the Hadith of the Messenger of Allah صلى الله عليه وسلم in which he صلى الله عليه وسلم said: "Fast when you see it and break fast when you see it." This indicates that Ibnu Abbas understood the Hadith as such; though he did not say:This is how the Messenger of Allah صلى الله عليه وسلم reported it, nor did he say: This is how we learnt it from the Messenger of Allah صلى الله عليه وسلم, but he said: This is how the Messenger of Allah صلى الله عليه وسلم commanded us. Imam Al-Shawkani explained the Hadith as follows, he wrote in his book entitled Nayl-ul Awtar the following: "I realise that the evidence is derived from the report of Ibnu Abbas and not from his Ijtihad (exertion) which people understood as such, and what is referred in his saying: "This is how the Messenger of Allah صلى الله عليه وسلم commanded us.", is his saying (i.e. Ibnu Abbas): So we are still fasting until we complete thirty days; and the command of the Messenger of Allah صلى الله عليه وسلم lies in the Hadith extracted by the two Sheikhs (i.e. Bukhari and Muslim) among others with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others but to all the Muslims." [Nayl ul- Awtar, volume 4, page 268] Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah صلى الله عليه وسلم forbade fasting on two days, the day of al-Adha and the day of al-Fitr". modified from source :           Surah Isra 17 verse 80 Say: "O my Lord! let my entry be by the Gate of Truth and Honor and likewise my exit by the Gate of Truth and Honor; and grant me from Thy Presence an authority to aid (me)."  Ameen.   Transliteration :Wa qur rabbi adkhilni mudkhala sidqiw wa akhrijni mukhraja sidqiw wa-j'al li mil ladunka sulta_nan nasira_(n). Al-Tirmidhi HadithHadith 2482 Narrated by AbuHurayrah  (May Allah be pleased with him) Allah's Messenger (peace be upon him) used to say, " O Allah, grant me benefit in what Thou hast taught me, teach me what will benefit me, and increase my knowledge. Praise be to Allah in all circumstances. I seek refuge in Allah from the state of those who go to Hell." Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a tradition whose isnad is gharib.   Transliteration:an Abi Hurairah (radiya Allahu anhu) qaal: qaala Rasul Allah (salla Allahu alayhi wa sallam): "Allahumma infa'ni bima 'allamtani, wa allimni maa yanfa'oni wa zidni 'ilman, alhamdulillahi alaa kolli haal, wa a'odtho billahi min haali ahlil naar."

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