Sighting the crescent (ru'yat al-hilal): how the start and end of the lunar month are proved

رؤية الهلال

Sight is seeing with the eye or the heart; when it takes material things as its object it is by the eye. The crescent means the moon at the start of each lunar month; its sighting here is the seeing of it after sunset on the twenty-ninth of the previous month by someone whose report is accepted. ¹ ² The hadiths on seeking the crescent and completing the count of thirty days when it is hidden are the basis; the search is urged most on the thirtieth of Sha'ban, Ramadan and Dhu al-Qa'da, because fasting and the pilgrimage and both Eids depend on them. ² ³ Sighting is proved by a mass report that rules out collusion, by two just witnesses, or, for Ramadan's start, by a single just witness according to the Hanafis, Shafi'is and Hanbalis; the Malikis do not accept a single witness. For other months most jurists require two just men. ⁴ ⁵ ⁶ ⁷ A crescent seen in daylight is disputed: whether it belongs to the night before or the coming night. ⁷ ⁸ Most jurists did not accept reckoning by astronomy to prove the month, read the phrase "estimate it" as completing thirty days, and the majority set aside differences of horizon, while the Hanafis and Shafi'is take them into account. ⁹ ¹⁰ ¹¹ ¹² ¹³

Summary

The crescent here is the new moon at the start of a lunar month. Sighting it means seeing it with the eye after sunset on the twenty-ninth day of the previous month, by someone whose report is accepted; the sighting proves that the month has begun. ¹ ²

General ruling

Seeking the crescent is prescribed, and it is most urged on the nights of the thirtieth of Sha'ban, Ramadan and Dhu al-Qa'da, because fasting, the pilgrimage and both Eids depend on them. ² ³ If the crescent is hidden, the month is completed as thirty days. ¹⁴ The Hanafis make the search a collective duty. ³

Ways of proof

Sighting is proved by a mass report that cannot be agreed upon to lie, which the Hanafis and Malikis accept under conditions. ⁴ It is also proved by two just witnesses, the view of most jurists. ⁴ ⁵ For the start of Ramadan, the Hanafis, Shafi'is and Hanbalis accept one just witness; the Malikis do not. ⁵ ⁶ For Shawwal and other months most jurists require two witnesses, and each school states its own details. ⁶ ⁷

Sighting in daylight

The reports from the Companions differ on a crescent seen in the day: whether it belongs to the night before or to the coming night. Some split the answer at midday, and others treat it as belonging to the coming night. ⁷ ⁸

Astronomy and differences of horizon

Most jurists did not rely on astronomical reckoning to prove the month, including the Malikis, Shafi'is and Hanbalis; some allowed it for someone who knows it. ⁹ ¹⁰ ¹¹ The majority held that differences of horizon do not matter, while the Hanafis and Shafi'is take them into account for distant lands. ¹¹ ¹² ¹³

Effects of error

Error can occur at the start of Ramadan, Shawwal or Dhu al-Hijja through a long cloud or lack of care in the search. The gravest case is standing at Arafat on the wrong day, and some jurists held that the standing remains valid. ¹³ ¹⁵

Announcing the sighting

When the crescent is proved, the people must be informed; the report follows the rules of transmission, requiring justice and accuracy. ¹⁵ ¹⁶ Some supplications are transmitted for seeing the crescent. ¹⁶ ¹⁷

Where to look further

The rules of fasting, Eid and pilgrimage are given in their own entries, and the doubtful day is treated under fasting. ⁴

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8546

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8547

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8548

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8549

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8550

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8551

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8552

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8553

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8556

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8557

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8558

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8560

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8561

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8554

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8562

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8563

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8564

Allusion to a proposal during the waiting period

In his commentary on verse 235, Sha'rawi holds that allusion to a proposal to a woman in her waiting period is allowed, while open declaration and a secret promise are forbidden, and that the firm resolve to marry may not be made until the waiting period ends. He reads the contract as passing through three stages: allusion, resolve, and the contract.