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)