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The Arrival of Ramadan
This
event is confirmed by sighting the new moon, even if it is seen by
only one just person, or by the passage of thirty days in the
immediately preceding month of Sha`ban.
Ibn `Umar said: "The people were looking for the new moon and
when I reported to the Messenger of Allah that I had seen it, he
fasted and ordered the people to fast." (Related Abu Dawud, Al-Hakim,
and Ibn Hibban, who declared it to be Authentic.)
Abu Hurairah reported that the Prophet, peace and blessings be upon
him, instructed: "Fast after you have seen it [the new
crescent] and end the fast [at the end of the month] when you see
it. If it is hidden from you, then wait until the thirty days of
Sha`ban have passed." (Related by Al-Bukhari and Muslim)
Commenting on these reports, At-Tirmidhi states: "Most
knowledgeable people act in accordance with these reports. They say
that it is correct to accept the evidence of one person to determine
the beginning of the fast. This is the opinion of Ibnul-Mubarak,
Ash-Shafi`i, and Ahmad. An-Nawawi says that it is the soundest
opinion. Concerning the new moon of Shawwal [which signifies
the end of the fast], it is confirmed by completing thirty days of
Ramadan, and most jurists state that the new moon must have been
reported by at least two just witnesses. However, Abu Thaur does not
distinguish between the new moon of Shawwal and the new moon of
Ramadan. In both cases, he accepts the evidence of only one just
witness."
Ibn Rushd comments that: "The opinion of Abu Bakr Ibnul-Mundhir,
which is also that of Abu Thaur and, I suspect, that of the Dhahiri
school of thought, is supported by the following argument given by
Abu Bakr Al-Mundhiri: there is complete agreement that breaking the
fast is obligatory, that abstaining from eating is based on one
person's report, and that the situation must be like that for the
beginning of the month and for the ending of the month, as both of
them are simply the signs that differentiate the time of fasting
from the time of not fasting."
Ash-Shaukani observes: "If there is nothing authentic recorded
that states that one may only accept two witnesses for the end of
the month, then it is apparent, by analogy, that one witness is
sufficient, as it is sufficient for the beginning of the month.
Furthermore, worship based on the acceptance of one report points to
the fact that such singular reports are accepted in every matter
unless there is some evidence that specifies the peculiarity of
specific cases, such as the number of witnesses concerning matters
of wealth, and so on. Apparently this is the opinion of Abu Thaur."
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