Moonsighting (12)

Unity

 

It is interesting to note that very few (if any at all) Shi’i scholar considers the unity of the community as a factor in determining when the first of a month is, other than for Hajj, where it is agreed by all scholars that the day of Arafah is the same for all – and based on the Saudi decision. 

For Ramadan, this is not a factor, and the rationale is that unity itself does not have a legal standing in this matter, given the presence of sahih narrations on the topic (that would specify [and take precedence over] any general pronouncement on the importance of unity).  

From a traditional Shi’i perspective, this can only change in one of three ways:
 

1. If all scholars could all sit in a room, and agree (an idea brought by the late Shahid Ayatullah Muhammad Baqir al-Sadr). The main problem is that it requires a scholar to allow someone to follow a rule that contradicts his own methodology in cases – and that is very difficult, especially given the majority’s understanding of taqlid. Furthermore, it may slow down thought development, as alternative opinions outside the agreements would be frowned upon. A way to overcome this, would be to focus on only issues where unity may be considered important such as this but this may be seen as inconsistent! 
2.  If the methodology of the derivation of Islamic law were to change. This could be either to make it more results-based and using utilitarian concepts such as those of maslaha (public interest), which is a way of thinking that was proposed in the Shi’i world by Ayatullah Khumayni; or it could be “progressive” methodology which considers the context of the narration in the past limiting its usage i.e. the fact that the Prophet (SAW) did not have a telescope or access to communications like we do, means that we cannot apply the narration blindly without considering this fact and contextualising the narration. This second approach is very “radical” and is one of the ways that many “progressive” scholars are trying to reform the way Islamic law is derived in general 
3. The final way, is a specific change in this area e.g. if the qunut of Eid, is used as a specific narration indicating the importance of unity for Eid itself. This (I believe) is the view of Sayyid Kamal Hayderi, who also seems to be an advocate of a change in the usul al-fiqh methodology, with a greater role for time and place in the derivation of law.

It is interesting to see whether these methods will be used in the coming years.

We have finally come to the end of the series on Moonsighting! In the next few blogs, we will move onto Hajj – and the discussion surrounding the Shi’i view on putting on Ehram at Jeddah (or if you have to go to Juhfa).

Moonsighting (11)

So far we have discussed what is "seeing" the moon (i.e. with your eye / optical aid / calculations), and the two most popular opinions as to where the moon must be seen (i.e. sharing the night and sharing the horizon). This blog will briefly cover the two less common opinions and ones that I think do not have any supporters nowadays! 

Opinion 3 about where the moon must be seen: 

If it is seen in one location, it is considered the same for all locations west of that location. I have not seen a rationale for this point of view but believe it was held by the late Ayatullah Sabzwari and Gulpaygani⁹. The problem with this position, is that astronomical calculations show that being further westwards does not affect sightability at all latitutdes.

Opinion 4 about where the moon must be seen: 

Saudi Arabia / Makkah - i.e. it must be seen / possible to be seen in Makkah for it to count around the world (this is not the view of any major Shi'i scholar as far as I'm aware but major Sunni schools do use this)

 
In the next blog, we will look at the final section – unity!

Moonsighting (10)

In this blog, we will continue on the arguments on “sharing the night” (aka unity of horizons).

In addition to the narrations directly on the topic discussed in the previous blog, there are several narrations on how to pray Eid prayers, in which there is a statement: "...I have made this day as an Eid for Muslims" - implying one day of Eid; and for all Muslims not just some. Furthermore, the verse in Surah Qadr that the one Laylat al-Qadr is better than 1000 months also implies one day. 

These all imply (according to the scholars who hold this view) that there is one day of Eid and first Ramadan - with the only restriction being the sharing of the night (and this is based on the idea that if the moon is seen in the Polynesian Islands, it would mean the next day is Eid so those who share the night should not start fasting the next day).

This is the view of the late Ayatullahs Khui and Fadlallah; and the view of the majority of earlier scholars e.g. Allamah Hilli in al-Muntaha; al-Kashani in al-Wafi; and Bahrani in al-Hada`iq; Shahid al-Awwal in al-Durus; Najafi in Jawahir; Naraqi in al-Mustanad; …etc.*

Now one might argue that according to Fadlallah, why do you need a sharing of the night rule, given modern communications, we are able to have a single day of Eid, and announce it in advance based on the astronomical calculations. His office responded to me saying that: “the condition of sharing a part of the night is a natural condition based on the difference in night and day in various parts of the world; and it is not based on the fact that the lunar month is the same throughout the world. Rather we say that the earth is one place from the angle of the beginning of the lunar month, other than in countries where the day and night are different…”

The main counter-argument against this, is that this still results in two Eids / first of the month, which shows the fact that the first of the month is not absolute but is relative based on your position on the Earth and that this narration, is talking about there be only one type of day like Eid!

Furthermore, based on this theory of sharing nights, it is one month (e.g. Shaban) up to the moment where the moon is sighted in another country; after which the month changes suddenly (e.g. Ramadan) – OR the night is split such that it is one month until the moon is possible to be seen somewhere in the earth; after which the month changes. However, this does not sit well with the ‘urf’s understanding of how a month works.

There is also one relevant narration from Muhammad bin Isa (1) – he said Abu Umar wrote to him the following: “Tell me O master, we have a doubt about the crescent of Ramadan. We do not see the moon, just the sky and no reason [e.g. clouds] so the people eat and we eat with them (i.e. not fast). And one of the astronomers said in front of us that the moon would be seen on that very night in Egypt, Africa and Spain. Is it possible, O master that this is correct that even if that means that the obligation of fasting in Egypt is different to when we fast? The Imam (AS) replied: Do not fast based on a doubt – rather you should fast and stop fasting based on sighting” Now given that this individual did not even ask about whether that sighting affected his country, implies that it does not, supporting the idea that only sharing of the horizon matters.

In the next blog, we will look at the other two theories (that do not have that much support in the Shi’i world).

*Note - Ayatullah Wahid Khurasani believes it should be sharing most the night (unsure of rationale); note also that this idea of sharing of the night (rather than whole world) seems to not be required if you use astronomical calculations throughout but this is not the view of any Shi'i scholar

(1)   Tahdhib al-Ahkam, vol 4: 159

Moonsighting (9)

2. Sharing the night/unity of horizon (cont.)

In this blog, we will start looking at the sharing of the night – and why some scholars believe in this (giving the alternative view as well).

1. Sharing the night (night is defined as between sunset and the beginning of Fajr (1)) - this is based on several narrations:
• The sahih narration of Hisham ibn al-Hakm from the 5^th Imam (AS) (2), asking about those who have fasted 29 days: “If he has evidence that is from a just source that people of Egypt have fasted 30 days based on sighting the moon, then he must do qada’ of one day.” This is implying that if the month is 30 days in Egypt, it is 30 days in the whole of Egypt (not just those who share horizons – if the Imam had meant that, he would have said it – so by itlaq given he did not say it when he was in a position to say it, we can assume he did not mean that)

Ayatullah Seestani’s view on narration of Hisham ibn Hakam (and others like the mu’tabar narration of Suma’a(3)) is that the narration is actually pointing to the fact that the sighting has been confirmed by definitive (qati) widespread view of the people of Egypt. Therefore, the hadith points to the fact that it is not enough to have two witnesses seeing the moon in every situation (e.g. if these two people claim they have seen the moon whilst there were many people who could have seen it). He supports this through the narration of Suma’a:

He asked Abu Abdullah (AS) about a day on which there was a difference of opinion on in the month of Ramadan: “If the people of Egypt agree on fasting on it due to seeing it, then do Qada for that day [if you did not fast] if the inhabitants of Egypt are 500 people”

He then concludes saying that in usul al-fiqh, if there are two potential implications (the itlaq that is used to support the sharing night theory, and Ayatullah Seestani’s view), and you are sure of one (the latter view), and doubt the former (the itlaq), then you only consider that which you are sure of.

• The sahih narration of Ishaq bin Ammar (4) who asked the 6th Imam (AS) about the crescent of Ramadan when it is cloudy on the 29th Sha'ban, and he said: "Don't fast unless you see it. And if someone in another country sees it, then fast" (and similarly the sahih narration of Abd al-Rahman (5) son of the 5^th Imam (AS)) – rationale as above. However, some (including Ayatullah Seestani (6)) might argue that this is only relevant to situations where there are obstacles e.g. clouds preventing a definite sighting; and cannot be extended to where the moon is definitely not sightable in your location.

In the next blog, we will look at other narrations that support the "sharing the night" theory; and then we will look at other theories. 
 

Sources:

Fiqh works by the major maraji’

Thubut al-hilal tibqan li-qawl al-falaki by Muhammad al-Husayni (pages 3-4)

Minhaj al-Salihin of Ayatullah Wahid Khurasani, volume 1, page 296 onwards

Questions and answers about sighting the moon according to Ayatullah Seestani (Arabic) - http://www.sistani.org/downloads/helal.pdf  (this is also the source for the other footnotes below)

 
(1)   Fiqh al-Shari’ah by Sayyid Fadlallah, volume 1, Page 249 (explaining the meaning of night when talking about Maghrib prayers)
(2)   Tahdhib al-Ahkam Vol 4, 158
(3) Man la yahdhuruhu al-faqih, vol 2, page 77
(4)   Tahdhib al-Ahkam Vol 4, 178
(5)   Tahdhib al-Ahkam Vol 4, 157
(6)   Questions and answers about sighting the moon according to Ayatullah Seestani (Arabic)