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Having
seen the crescent himself, but was unable to inform Sharee'ah
court
*Please appropriately reference
this fatwa to: www.fatwa-online.com, thankyou!*
Question: If a person has ascertained the beginning
of the month by having seen the crescent, but was unable to
inform the Sharee'ah
court, is he obligated to fast?
Response:
The scholars have differed over this issue. Some of them say
he must fast, based on (the fact that) the actual crescent
is what is well-known amongst the people, or that it was seen
after sunset, regardless of whether it was widespread amongst
the people or not.
And
that which appears to me is that the one who sees it and is
certain that he has seen it, and he is in a far away place
such that no one else saw it with him, then he must fast.
This is based on the generality of the verse:
{So whoever amongst you see the month
(i.e., the crescent) then let him fast it}, [Soorah
al-Baqarah, Aayah
185], and (also) the saying of the Prophet (sal-Allaahu
`alayhe wa sallam):
((If you see it (the crescent), then
fast
)).
However,
if he was in a city, and he testified to having seen the crescent
at the Islaamic court, but his testimony was rejected, then
in this case he should fast in secret, so that his differing
with the people is not publicised.
Shaykh
Ibn 'Uthaymeen
Fataawa Ramadhaan - Volume 1, Page 59, Fatwa No.26;
al-Fataawa libni al-'Uthaymeen, Kitaab ad-Da'wah - Volume
1, Page 149
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