Moonsighting (5)

In the previous blog, we discussed the view and rationale for requiring physical sighting with the eye/an optical aid. In this blog we will look at the rationale for the view of using the science of astronomy and astronomers.

There are two parts of this argument:

• “see” in the narrations mentioned in previous blogs is a means to an end (طريقي) i.e. all you need is to be sure that the moon is sightable (i.e. satisfaction [itmi’nan] or more – not probable [dhann]) in any way
• astronomical calculations is a way that can be used to determine if the moon is there to be seen (i.e. sightable)

Proof that “see” is only a means to the end – and the end is satisfaction/certainty

The point is not only that the moon has to be seen, but that you have to be satisfied (itmi’nan) that is there to be seen. This may be done through sighting, but also through any other means that results in satisfaction (itmi’nan) from you and this is supported by a range of narrations:

• e.g. “[fasting in] the month of Ramadan is one of the obligations from Allah so do not do it based on probability”,
• e.g. “fast until [the moon] is seen, and stop fasting when [the moon] is seen; and seeing the crescent is not just based on if one or two people come and say we have seen the moon – rather it is when someone says I have seen it, and the people say that they believe him.”…etc.
• e.g. a few narrations that say you need 50 witnesses for the moon!
• Many more⁰

All of these support the idea that seeing the moon itself may be sufficient but not necessary to determine the first of the month – rather it is being sure / confident (itmi’nan) in any means necessary.

Rationally, this can be explained by considering the situation: if Ali said "tell me when you see Muhammad comes home as I need to call him", and Muhammad phones you and tells you he's come home, would you wait until you see Muhammad, or would you realise the intention of Ali's request was not that you physically see Muhammad, but that you know he is at home - and seeing is one means to that end). This is the view of many scholars (e.g. Sayyid Musa al-Sadr¹, Ayatullah Fadlallah² and Ayatullah Seestani in my view [as discussed in the next blog]).

Proof that astronomy can be used to be sure:

Some argue that this idea of using astronomy is so standard in prayer times, determining if an earthquake has taken place for Salaat al-Ayaat and for determining Qibla for example - so why not now?

According to Ayatullah Fadlallah (and probably others), the question of the beginning of the month is one determined by the astronomical order which Allah (swt) has established, just as is the case with the rising and setting of the sun. This is a matter independent of whether or not people see it, and in fact has been the case even before Allah (swt) had created eyes. That is, even before the creation of man, the order of time and months was established. ³

إِنَّ عِدَّةَ ٱلشُّهُورِ عِندَ ٱللَّهِ ٱثْنَا عَشَرَ شَهْرًۭا فِى كِتَٰبِ ٱللَّهِ يَوْمَ خَلَقَ ٱلسَّمَٰوَٰتِ وَٱلْأَرْضَ

"Indeed the number of months with Allah is twelve months in Allah’s Book, the day when He created the heavens and the earth." [9:36] [also look at 2:189]

Sayyid Fadallah believes the astronomical science governing the motion of the moon is a precise one following laws, such that scientists can determine the beginning of a month 50 years from now. Just as how they can predict an eclipse a century from now. It is a matter like 1+1 = 2. Hence, when a specialist in astronomy establishes the beginning of the month, finish, the month has begun. There is no discrepancy between the astronomers on this matter.

The astronomers are supposed to determine whether the moon is sightable (not just that it is born – as there is no evidence to suggest this⁴). Some people have a question about the usage of astronomers’ views because they note that when it comes to sightability, there are differences in points of view (e.g. is the moon sightable when the moon is 15 hours old or 13). Shahid Muhammad Baqir al-Sadr⁵ counters this by noting that although you cannot get ‘ilm from astronomers, you do not get ‘ilm from people sighting the moon either!⁶In reality though, you can get itmi’nan from this in the same way as you can from people sighting the moon.

Sources:

0.      Wasa`il al-Shi’a by Hurr al-‘Amili, Chapter 3, Hadith 6, 11, 13; Chapter 11, Hadith 3, 10, 11, 13, 14

1.      http://www.youtube.com/watch?v=Ws92I219Kyw&feature

2.      Note Fadlallah’s view is sightability (even with a telescope/optical aid)

3.      Juma Khutba by Sayyid Fadllallah (http://www.youtube.com/watch?v=wzQFAtpboic&feature)

4.      It seems that Sayyid Fadlallah used to believe that the new moon would determine the first of the month (Thubut al-Hilal by Muhammad al-Husayni, P60) but this view is not held by any other senior Shi'i scholar as far as I'm aware although it is the view of major organisations such as ISNA (http://www.isna.net/articles/News/First-day-of-Ramadan-2012.aspx (accessed 19 July 2012). In addition, the Bohoras seem to have a fixed calendar based on new moon (http://www.usvishakh.net/umesh/arabiccalendar.pdf)

5.      Al-fatawa al-wadhiha by Shahid al-Sadr, page 630 (from Thubut al-Hilal by Muhammad al-Husayni, P62)

6.      There have been cases where 10s of people have “seen” the moon when it has been impossible to be seen – even before the moon has been born!

Moonsighting (4)

Having discussed the main sources on the topic, I think a quick summary of the views and rationale of the main scholars on the topic, is useful. In this blog we will look at the view and rationale for requiring physical sighting with the eye; and the view and rationale for seeing even with an optical aid.

The basic reasoning for all the rulings comes from the narration in the previous blog, which essentially says fast after you “see the moon” (it is more complex but this hopefully will elucidate the differences). There are three ways of interpreting this from a linguistic perspective and each method is acceptable in the usul al-fiqh framework:

1. Physical sighting with the eye: “see” is literal and the common man (‘urf) would understand this to mean see with your eye (e.g. Ayatullah Wahid Khorasani and potentially Ayatullah Seestani – see next blogs for details on this). By this in usul al-fiqh the meaning is that the sighting is considered an integral part of the rule (موضوعيّة دخيلة في الحكم) i.e. there is no rule without the sighting, even if you have certainty that the moon has been born and is bright in the sky. There are three main reasons for this point of view:
• The ‘urfi (natural) meaning of the term, is sight with the eye
• This is the only thing that was there at the time of the Prophet/Imams. If optical aids/astronomy was possible, then that means that the Prophet / Imams (AS) may have fasted on Eid, which is Haram!
• The usage of this term at the time of the Prophet (SAW) was with the eye (not with optical aid…etc.).

2. Sighting using an optical aid: “see” is literal and seeing with an optical aid would still be considered (by the common man) as seeing (e.g. Ayatullah Khamanei). The main rationale for this is that the narrations talking about “seeing” are seeing in any way possible (itlaq) and this would include seeing with an optical aid

In the next blog, we will look at the usage of calculations.

Sources:

General: Fiqh works by the major maraji’

Moonsighting (3)

1. Seeing / visual aid / astronomy (cont.)

In the previous blog, we looked at the relevant Qur’anic verses. In this blog, we will look at the relevant narrations on the topic – based on how the first of the month can be determined:

• Sight: e.g. sahih of Halabi from the 6^th Imam (AS) “If you see the moon, then fast; and if you see it, then break your fast”¹;
• Others from sahih / narrations e.g. what is known widely (شياع), being told about a sighting, 30 days completion of the previous month²
• Others e.g. when the moon is in an hug shape (تطوّق) [I think this means when the crescent first starts]; if the moon is hidden before twilight, then it is the first night; if it is hidden after twilight, then it is the second night; if you do not see the crescent on the night in the previous month, then it is a sign that the next month starts on the next night; the fifth day from Ramadan in the previous year; 60^th day after the first of Rajab; seeing the crescent after noon.³

“Sight”, “what is known widely” – these narrations can be acted upon because they lead to knowledge / near certainty.

“Being told about a sighting” does not normally lead to certainty but in usul al-fiqh, there is a lot of discussion explaining how this is allowed by Allah based on the same reasoning as why solitary narrations can be acted upon (khabar al-wahid)⁴.

The others all have issues with them in terms of whether we can act based on them – some in terms of their content and others in terms of their chain of narration. This resolves the contradiction with the first two types of narrations.

However, some scholars e.g. Sabzwari⁵ try to resolve the apparent contradiction by noting that these other signs of the first of the month are not by themselves indicators of the next month – rather they may lead to itmi’nan, in which case they can be relied upon. This resolves the apparent contradiction amongst the narrations.

In the next blog, we will look at how the scholars deal with these narrations.

(1) Wasa`il by Hur al-Amili, book of fasting, chapter 3 in the rules of Ramadan, hadith 7 (also hadith 3; chapter 4, hadith 1) – all 3 are categorised as sahih

(2) Wasa`il by Hur al-Amili, book of fasting, chapter 11, hadith 1, 4, 13, 14; chapter 5, hadith 11; chapter 3, hadith 17, chapter 8, hadith 1

(3) Wasa`il by Hur al-Amili, book of fasting, chapter 8, hadith 5, 6; chapter 9, hadith 2-4; chapter 10, 1, 2, 7

(4) In http://miqdaad.blogspot.co.uk/2010_03_01_archive.html, I explain this in more detail.

(5) Muhadhib al-Ahkam by Abd al-A’la Sabzwari, vol 10, 268  (from Thubut al-Hilal by Muhammad al-Husayni, P46)

Moonsighting (2)

1. Seeing / visual aid / astronomy

In order to derive a religious ruling in Islamic jurisprudence (fiqh), the scholars use various sources and principles (usul al-fiqh), as we all know, and they cannot make up a ruling that just makes sense without ensuring that its derivation is consistent with their position on other rulings. In this blog, we will look at the various Qur’anic verses on the topic.

Verse 1:

Ramadan is the (month) in which was sent down the Qur’ān, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month/who sees it should spend it in fasting, but if anyone is ill, or on a journey, the prescribed period (Should be made up) by days later. God intends every facility for you; He does not want to put to difficulties. (He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful. (2: 185)

[the part in bold is فمن شهد منكم الشهر]

There are some scholars e.g. Bahrani¹ who interprets the part in bold above, to mean that the moon must be seen. However, the majority of scholars² interpret it as meaning that you are present (at your home and not travelling) and therefore, this verse is not used in the derivation of “seeing” the moon. That said, Tabatabai has another view³ – he believes that the part in bold means whoever is sure about the month starting, should fast – and that being sure, is more general than just seeing the moon. Therefore, this verse is not relevant to the discussion at hand.

Verse 2:

They ask thee concerning the New Moons/months. Say: They are but signs to mark fixed periods of time in (the affairs of) men, and for Pilgrimage. It is no virtue if ye enter your houses from the back: It is virtue if ye fear God. Enter houses through the proper doors: And fear God. That ye may prosper. (2:189)

[the part in bold is يسألونك عن الأهلة]

Some scholars such as Allama Hilli⁴ derive the condition of seeing the moon from this verse, based on the fact that the moons are signs to mark the fixed periods of time, and the normal (‘urf) way to determine this is, through sight.

A question is about the meaning of the part in bold – does it refer to the crescent and its states; or about months. Sabzwari and other mufassirs, take the meaning to be months i.e. they are 12 months…etc.⁵ Tabataba’i says the meaning is that the moon becoming a crescent each time, is the lunar month – i.e. the crescents are shapes and not periods of time. Therefore, based on his view, things like Hajj are in specified months; and fasting is in the specific month – and not in other months.

Some might say that the logical consequence of this, is that you would have to determine this in the ‘urfi (/normal) manner i.e. through sight. However, the actual sight is not part of the obligation here⁶, and whoever would be sure that Ramadan had started in either verse, would have to fast.

In summary, this shows that the Qur`an is not sufficient to determine whether seeing the moon is a requirement for the beginning of the month. In the next blog, we will look at the relevant narrations on the topic.

(1) Al-hada`iq al-nadira by Yusuf Bahrani, volume 12, page 240, published in Qum (from Thubut al-Hilal by Muhammad al-Husayni, P39)

(2) Majma’ al-bayan by Tabarsi, vol 1, 274; al-Kashif by Muhammad Jawad Mughniya, vol 1, 284; Masalik al-ifham by Jawad al-Kadhimi, vol. 1, 332 (from Thubut al-Hilal by Muhammad al-Husayni, P40)

(3) al-Mizan by Tabatabai, vol. 2, 24 (from Thubut al-Hilal by Muhammad al-Husayni, P40)

(4) Mukhtalaf al-Shi’a, vol 3, 362 (from Thubut al-Hilal by Muhammad al-Husayni, P41)

(5) al-jadid fi tafsir al-Qur`an by Muhammad Sabzwari , vol 1, 226 (from Thubut al-Hilal by Muhammad al-Husayni, P41)

(6) Dirasaat fi al-usul al-amaliyya by Ali Shahrudi page 30; taqriran li bahth of Sayyid Khui (from Thubut al-Hilal by Muhammad al-Husayni, P42)

Moonsighting (1)

Ramadan has started and no doubt the questions about moonsighting and so I’ve been asked to cover moonsighting in detail (like the other series of blogs!). Firstly, a note that I have covered one controversial area already in a previous series (http://miqdaad.blogspot.co.uk/2009/11/women-and-moon.html where I discussed Ayatullah Saanei’s rationale for being different  and allowing women’s views to count when it comes to sighting the moon – a very minority view!!!)

Now, coming to moonsighting, it is important to structure the problem in a way that makes it easier to understand – so let’s consider the 3 important angles:

 1. Seeing / visual aid / astronomy: Do you need to actually see the moon? Or is a visual aid enough? Or perhaps you don't even need to see it?

 2. Sharing the night/sharing the horizon: Where must this seeing / visual aid / astronomy occur - must it be local (sharing the horizon); or maybe it can be anywhere in the world that has the same night as you (so if they see it, they can tell you before you start fasting)

 3. Unity: Does any of the above matter when your community is doing something different?

In the next blog we will look at the first point!