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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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