27 July 2014: Musa* starts his Mission and Moonsighting

27 July 2014


Salaam all
** Just a reminder that the next Harborne Islamic Study Circle (HISC) will be on the first Sunday in September. **
Hoping you all had a great remaining summer.
Many thanks to all those who have attended the Study Circle regularly or sporadically over the years and hoping that we continue to teach aspects of Islam effectively for many coming years, InshaAllah..
My sincere hope is that you have received some benefit from the Study Circles (Halaqa) and please remember me in your du'as.
Jzk
Naveed

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Lives of the Prophets: Musa* starts his Mission.

Allah reminds Musa* about the favours He has done for Musa just prior to sending Musa* on his mission. Allah mentions in Surah Ta-Ha: We were gracious to you another time when We revealed to your mother: "Place him into the chest and throw it into the sea and the sea will wash it up on the shore, where an enemy of Mine and his will pick it up." I showered you with love from Me so that you would be brought up under My supervision. When your sister went and said, "Shall I direct you to someone who will take care of him?" that was how We returned you to your mother so that she might delight her eyes and not be grieved. You killed a man and We rescued you from trouble and tested you with many trials. You stayed some years among the people of Midian. Then you arrived at the pre-ordained time, Moses! I have chosen you for Myself. (TMQ 20:37-41)

Musa* has 2 objectives from Allah:
- Talk to Pharaoh and convince him about Islam
- Ask Pharaoh to free Bani Israel as he has been oppressive

How to do Dawah: Advice from Allah
Musa* then travels home to Egypt and meets his family / tribe. No doubt he explains his mission and gives hope to his people and congratulates his brother Harun on becoming a Prophet! It is likely that the people start to talk about Musa and hope returns to Bani Israel – and Pharaohs’ spies will probably hear of the rumour too!
Prior to their visit to Pharaoh, Allah warned Musa* and the Prophet Harun (Aaron) and reminded them to always remember Him, and to never slacken in remembering Him: "Go, you and your brother, with My Signs and do not slacken in remembering Me." (TMQ 20: 42)
Allah commanded Musa* and Harun* to go to Pharaoh, the ruler of Egypt. Allah explained to them that Pharaoh was arrogant and contentious, but nevertheless, He commanded them to adopt a gentle manner in communicating His message to him: "Go to Pharaoh; he has overstepped the bounds. But speak to him with gentle words so that hopefully he will pay heed or show some fear." (TMQ 20: 43-44 )
Hence it is important to talk gently and softly when communicating the religion, even when the one he is conversing with is arrogant. However, this style of talking gently does not mean avoiding difficult issues like punishment, hellfire (or modern issues like dress, mortgages). This was part of the test for Musa* and his brother – although Allah knows the outcome of the Dawah!
Musa* is worried that Pharaoh will persecute him – especially as he is a wanted man in Egypt and had to flee in a hurry: They said, "Our Lord, we are afraid that he might persecute us or overstep the bounds." (TMQ 20: 45)
He (Moses) said, "My Lord, I killed one of them and I am afraid they will kill me." (TMQ 28: 33)
Go to him and say, "We are your Lord's Messengers so send the tribe of Israel away with us and do not punish them. We have brought you a Sign from your Lord. Peace be upon those who follow the guidance." (TMQ 20: 47)
He (Allah) said, "Have no fear. I will be with you, All-Hearing and All-Seeing." (TMQ 20: 46)
Going before the indisputable ruler of the land, to whom the whole nation submitted like a deity (Allah is beyond that), was certainly seemingly a very hazardous task according to the conditions of the time. Even more dangerous was telling Pharaoh explicitly that he was on the wrong path, and then to ask him to give freedom to an enslaved nation, that is, to the Children of Israel. Nevertheless, aware that they were under the total protection of Allah, Musa* and Harun went to Pharaoh.

Meeting with Pharaoh
It’s not easy for anybody to go see the Pharaoh because of all the security – but Musa is familiar with the ways of the Palace and probably knows people. Also, it is possible that Pharaoh was expecting him as rumours will be circulating in his Kingdom…
Then after them We sent Moses and Harun with Our Signs to Pharaoh and his ruling circle, but they were arrogant and were a people of evildoers. (TMQ 10: 75)
There was dialogue between Pharaoh and Musa*  (see below) but Musa* was accused of being mad, a magician and a liar; in addition he was mocked by the Pharaoh – all responses that our Prophet* also faced.
Pharaoh said, "Who then is your Lord, Moses?"
He said, "Our Lord is He Who gives each thing its created form and then guides it."
He (Pharaoh) said, "What about the previous generations?"
He said, "Knowledge of them is with my Lord in a Book. My Lord does not misplace nor does He forget."
It is He Who made the earth a cradle for you and threaded pathways for you through it and sent down water from the sky by which We have brought forth various different types of plants. Eat and pasture your cattle. Certainly there are Signs in that for men of understanding. From it We created you, to it We will return you, and from it We will bring you forth a second time. (TMQ 20: 49-55)
Rather than evaluating this message with a sound mind and clear conscience, Pharaoh and his inner circle assessed it based on their accustomed way of thinking, founded on the deviant religion of their ancestors. According to their superstitious beliefs, Pharaoh was a deity (Allah is beyond that), far from admitting the idea of the existence of Allah:But when Moses brought them Our Clear Signs they said, "This is nothing but trumped-up magic. We never heard anything like this among our earlier forefathers." (TMQ 28: 36)

More about these conversations in the coming Study Circles, InshaAllah.

Main Topic: Islamic Opinion on Moonsighting

Although moon-sighting is a controversial topic, it is one we need to periodically revisit.
This is not having a go at anybody or group but to clarify the position as many people will be sinning if missing out on a day of fasting or fasting during Eid. There is individual responsibility and just blaming the local imam or mosque is not a sufficient excuse as everyone bears their own responsibility for doing the right thing.
Many of the excuses try to look for loopholes in Islam when justifying what they WANT to do rather than following the strongest legal opinion. Most other excuses no do even classify as legal opinions (ijtehad) and so are not allowed to be followed. We talked about this when we studied Usul al-Fiqh!
Some people will not like what is written but we need to discuss these Fiqh topics on the basis of Qur'an and Sunnah (evidence - 'daleel') and not emotion.
Jzk
Naveed

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All Muslims are obliged to start Ramadhan or celebrate Eid on the same day…No matter where the moon is sighted

If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.

WHY?
Because this is what Allah* and the Prophet* ordered. To prove this is the case we have to look at…
* The Quran
* The Sunnah

What we can’t look at to prove things are Islamic are …
* Our emotions
* What people think
* What most people are doing
* What is normal is our community
* What the tradition is.
Remember what Ibn Masud said: "The jama'a is truth [haq] even if it is one person".

The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185], and "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]

The Prophet* said:
The Prophet* mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim]
He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari]
"The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]
"The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]
"The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]

These narrations are very clear. The Qur’an and the Prophet* order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed.
We have to follow these orders of the Quran and the Prophet*. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet* for another order like praying salah.
The command to fast is general so it applies to everyone – no matter where they live

When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.
"Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."
Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar (r) reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud and Hakim]
So if the moon was sighted in Morocco do Muslims in Indonesia fast? YES
During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day.

Here’s what some scholars said about every Muslim fasting

Ibn Taymiyyah: “…a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Islamic law.”
The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) quotes the narration from Abu Dawud (2333, 2334) that; The Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet* that he had seen it (the moon). The Prophet* asked him if he was a Muslim to which the man answered ‘yes’. The Prophet* then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet* fasted and asked the people to stop eating and start fasting

What If The News Reaches Us Too Late To Fast On The Same Morning?

This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."

Deobandi Scholars
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting

Bareylvi Opinion
The founder of the Barylevi movement, Maulana Ahmad Raza Khan, said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and Eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east."

Is the idea for all Muslims to fast on one day something new?

No. Imam Kasanee said in his book Bada as-Sana'i said that following other than one sighting for the whole Ummah is an innovation [bid’a]. This indicates how weak he felt that the other Ijtihad is.
Imam Juzairi in his book The Fiqh of the Four Schools of Thought [Vol 1] gives two views of the Hanafis about this:
1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not,
2) The justness [of the witness] should be verified by a judge [Qadi].

This all sounds simple – so what reasons do people use for not fasting on one day?

• Reason 1 – times of fasting are like times of prayer – they’re different in each area

Every country should start Ramadhan and celebrate Eid based on their own sighting of the moon, in the same way each region begins its prayer time according to the sun in that area.
The answer: It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region.
So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.

• Reason 2 – The companions of the Prophet* did not fast at the same time

Another reason given by some is that the companions of one region would not fast at the same time as the companions of a different region. The evidence for this is taken from a report by Imam Muslim about Kurayb who reported that a lady sent him to Mu'awiya  in Al-Sham for some business.
Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas  asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya  also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya  not valid for you?" He said: "No, this is how the Messenger of Allah* has commanded us."
THIS IS THE CLAIM…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.”
Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.
THE ANSWER —
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas  did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Messenger of Allah* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Messenger* said: "Fast when you see it and break fast when you see it."
This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”
What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.”

Why can’t we use calculations?

Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
What role can calculation play? Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon.
What role can’t calculation play? Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
Why? All the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting.
The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.
There’s no analogy in ritual worships
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
* Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan / Eid through the use of calculations are invalid and haram.
* The only way to determine the arrival of Ramadan / Eidis through sighting the moon.
What did some of the classical scholars say about calculating the sighting of the moon?
Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated."

What about sticking with the majority?

Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority).
Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.
Al-Bukhari narrated: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such."
What is this hadith asking us to do?
The concept of following the majority rather than following Islam is not based on evidence from the Qur'an and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship. The Prophet* said: "The master of martyrs is Hamza, and a man who stands up to a tyrant ruler and gives him advice [nasiha]- and so the ruler kills him."

The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."
That’s why starting Ramadhan and celebrating Eid on one day is an obligation


Conclusion
* If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
* It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.
Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah* said: “There is no obedience to the one who does not obey Allah 'azza wa jall.”
Imam Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".

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InshaAllah, see you all for the next official Harborne Islamic Study Circle early September.
Enjoy your August.
Jzk
Naveed

12 August 2012

Summary:
Seerah: Hunain (Distribution of Spoils)

• The Prophet waited for Hawazin to reclaim booty
• The Prophet* gave from his share (20%) of wealth to people who were newly into Islam to soften their hearts and bring them closer to Islam
• The Prophet* didn’t give to others because he loved them more and knew they would be happier with it
• The Ansar were initially unhappy but the Prophet* asked Allah to forgive 3 generations of Ansar

Fiqh of Ramadhan: Moonsighting

• If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.
• It depends on sighting of the moon (not calculation)
• The command to fast is general so it applies to everyone – no matter where they live
• People are misguided and follow the wrong reasons (local mosque, politics, nationalism, pride) for Eid rather than basing on Qur’an & Sunnah
• If you miss a day (start late) you need to make this up
• It is Haram to fast on Eid day

Seerah of Muhammed*
*: May the peace blessings and Mercy of Allah be upon him
TMQ: Translation to the nearest meaning of the Qur’an

The Distribution of the Booty at Al-Ji'ranah

Upon returning and lifting the siege in Ta’if, the Prophet* had stayed over ten nights at Al-Ji‘ranah before starting to distribute the booty. Distribution delay was due to the Prophet’s hope that Hawazin’s delegation might arrive and announce their repentance and consequently reclaim their loss. Seeing that none of them arrived, he started dividing the booty so as to calm down the tribes’ chiefs and the celebrities of Makkah. The first to receive booty and the ones who obtained the greatest number of shares were the people who had recently embraced Islam.
Abu Sufyan bin Harb was given a hundred camels and forty (gold) ounces and yet he said, “What about my son, Yazid’s Share?” So he was given the same quantity for his son as well. But yet he exclaimed: “And what about the share of Mu‘awiyah, my second son?” So the Prophet* gave Mu‘awiyah as much as he gave his father and brother. Hakeem bin Hizam was given a hundred camels, but he was given a hundred more when he demanded. Safwan bin Omaiyah was given three hundred camels - a hundred camels at each time. It is thus mentioned in Shifa, Book by Qadi Iyadh. The Prophet* gave Al-Harith bin Harith bin Kilda a hundred camels. He also gave some chiefs of Quraish and other clans a hundred camels; he gave others fifty and some others had forty. On account of these big gifts and special shares these persons began entertaining feelings of love and affection for the Prophet and were, however, drawn to Islam. In Islamic jurisprudence such people are called Mu'allafatul Qulub (those whom it is desired to encourage) and one of the purposes for which zakat can be spent is expenditure on them. Ibn Sa'd said: "All these gifts were given from khums which was the personal property of the Prophet and not even a Dinar was spent out of the shares of the others for the encouragement of the people belonging to this group."
Eventually it was spread among people that “Muhammad grants generously and fears not to grow poor.” This made bedouins gather around him expecting to be given some wealth. They were so many that they forced the Prophet* to seek refuge against a tree and they even took away his garment, “O people!“ He said, “Give me back my garment! For I swear by the One in Whose Hand is Muhammad’s soul, that if I had as many numerous camels as the number of Tihama trees, I would distribute them among you. You know quite well that I am neither mean nor coward or a liar.” Standing by his camel he plucked out a hair of his camel’s hump and held it between his two fingers, lifted it up and said: “O people, I swear by Allah that I get nothing but one-fifth of your booty, and this very fifth goes back to you.”
As soon as he had given the new converts, the Prophet* ordered Zaid bin Thabit to fetch the booty and summon people. Then he ordained shares to people. A footman’s share was four camels and forty sheep, and a horseman would take twelve camels and a hundred and twenty sheep. This distribution of booty was based on a wise policy. In this world there are lots of people who know the truth only when it comes through their stomachs and they do not recognize it if it comes through their brains. The similitude of such people is as the guidance of an animal to its herd by means of a bunch of clover held at a constant distance off its mouth. The animal would try all the time to catch it, so it would eventually go into the herd safely. In the same way you have to do various kinds of temptations to make certain kind of people familiarize Islam and be pleased with.
When a devoted Sahaba, Juayl b. Suraqah complained about Muhammad’s unfairness in the distribution of B. Hawazin booty, Muhammad replied, “By Him in whose hand is my soul, Juayl b. Suraqah is better than an entire world full of men like Uyayanah b. Hisn and al-Aqra b. Habis, but I have treated them generously so that they may embrace Islam, and I have entrusted Ju’ayl b. Suraqah to his Islam.”

The Helpers (Al-Ansar) Are Furious At The Prophet*

At first the Prophet’s policy of distribution was uncomprehended by many a man. These gifts and expenditures allowed by the Prophet were strongly resented by a number of the Muslims and especially by some of the Ansar. They, who were not aware of the higher interests kept in view by the Prophet in making these gifts, thought that ties of kinsmanship had prompted him to distribute the khums of the booty among his relatives. Therefore sharp-tongued people started expressing their objections. The Helpers were among those who were afflicted by this policy. They were deprived of Hunain gifts though they had been the ones who were summoned at Hunain hard times and they were the first to rush to fight with the Prophet* and standfast till the defeat turned into victory. Now here they are watching those who escaped fill their hands with booty while they are given nothing. On the authority of Ibn Ishaq: “When the Prophet* had given Quraish and Arab tribes those gifts and allotted nothing to the Helpers, a group of the Helpers felt so uneasy about it that a lot of ill-statements against the Prophet* were spread among them to an extent that one of them said: “By Allah, the Prophet* was illspoken of by his folksmen!” And those ill-statements went on spreading till Sa‘d bin ‘Ubadah met the Prophet*, who in his turn faced his people after a while.
Sa‘d bin ‘Ubadah said: “O Prophet, this group of the Helpers are furious at you about the distribution of the booty that you had won. You have allotted shares to your own kinsmen and forwarded lots of gifts to the Arab tribes. But this group has obtained nothing.” The Prophet* asked Sa‘d exclaiming: “Sa‘d, what do you think of all that?” Sa‘d replied: “O Prophet. You know that I am nothing but a member of this group.” “Call out on your people and bring them forth to me into this shed.” Said the Prophet*.
So Sa‘d went out and summoned them. When some Emigrants came, he let them in but forbade others. When they were all gathered together, he informed the Prophet saying: “This group of the Helpers have just arrived to meet you in compliance with your orders.” As soon as the Messenger* faced them he thanked Allah and praised Him, then said to them inquiring, “I have been told that you are angry with me. Didn’t I come to you when you were astray and Allah guided you? You were poor and Allah gave you wealth. Weren’t you foes and Allah made you love one another.” “Yes,” they said, “Allah and His Messenger are better and more gracious.” Then he said: “What prevents you from replying to the Prophet, O tribe of Helpers?” They said, “What should be the reply, O Prophet, while to the Lord and to his Messenger belong all favours.”
The Prophet* again said: l “But by Allah, you might have answered and answered truly, for I would have testified to its truth myself: ‘You came to us belied and rejected and we accepted you; you came to us as helpless and we helped you; a fugitive, and we took you in; poor and we comforted you’. You Helpers, do you feel anxious for the things of this world, wherewith I have sought to incline these people unto the Faith in which you are already established? Are you not satisfied, O group of Helpers that the people go with ewes and camels while you go along with the Prophet* to your dwellings. By Him in Whose Hand is my life, had there been no migration, I would have been one of the Helpers. If the people would go through a valley and passage, and the Helpers go through another valley and passage, I would go through the valley and passage of the Helpers. Allah! Have mercy on the Helpers, their children and their children’s children.” The audience wept until tears rolled down their beards as they said: l “Yes, we are satisfied, O Prophet of Allah* ! with our lot and share.” Then the Prophet* left the gathering and the people also dispersed.


Fiqh of Ramadhan – part 2:
All Muslims are obliged to start Ramadhan and celebrate Eid on the same day

If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.

This is because this is what Allah* and the Prophet* ordered. To prove this is the case we have to look at:
• The Quran
• The Sunnah

What we can’t look at to prove things are Islamic are:
• Our emotions
• What people think
• What most people are doing
• What is normal is our community
• What the tradition is.
Ibn Masud said: "The jama'a is truth even if it is one person".

The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185] "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]

The Prophet* mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim] He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari] "The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]  "The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]  "The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]
These narrations are very clear. The Qur’an and the Prophet* order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed. We have to follow these orders of the Quran and the Prophet*. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet* for another order like praying salah.

The command to fast is general so it applies to everyone – no matter where they live
When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.  "Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."
Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud & Hakim]
So if the moon was sighted in Morocco do Muslims in Indonesia fast? YES! During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day

What If The News Reaches Us Too Late To Fast On The Same Morning?
This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."

This all sounds simple – so what reasons do people use for not fasting on one day?
Reason 1 – Times of fasting differ for each region, like prayer times
Reason 2 – The Companions didn’t fast on one day.
We’ll also look at
• Using calculations to decide the new moon
• The idea of ‘sticking to the majority’

Reason 1 – times of fasting are like times of prayer – they’re different in each area
The thinking goes something like this: Every country should start Ramadhan and celebrate Eid based on their own sighting of the moon, in the same way each region begins its prayer time according to the sun in that area.
The answer: It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region. So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.
The difference in the rising of the new moon between the farthest two points in the world is not more than twelve hours. The classical scholars are excused for not understanding this deduction from the Shari'ah rule, because at the time they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days.

Reason 2 – The companions of the Prophet* did not fast at the same time.
Another reason given by some is that the companions of one region would not fast at the same time as the companions of a different region. The evidence for this is taken from a report by Imam Muslim about Kurayb who reported that a lady sent him to Mu'awiya in Al-Sham for some business. Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya not valid for you?" He said: "No, this is how the Prophet* has commanded us."
THIS IS THE CLAIM
…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.” Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.

THE ANSWER:
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Prophet* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Prophet* said: "Fast when you see it and break fast when you see it." This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”
What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.”

Why can’t we use calculations?
Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon. Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
This is because all the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting. People who support the idea of calculating the birth of the moon for Ramadan say this word means ‘knowledge’. So as long as we have ‘knowledge’ of when the new moon is born we should fast. And using calculations helps us come to this knowledge This is a misuse the word "ra'a". The word ra'a could mean knowledge. But it’s not right to apply this meaning here because of the following two reasons:

When referring to a single object, "ra'a" means to visualize that object through the eye, i.e. he saw the moon. However, if ra'a refers to two objects, it could mean to know, i.e. he knew the correct opinion.
Ra'a + 1 object [like the moon] = see with the eyes
Ra’a + 2 objects = knowledge
If ra'a is used in reference to a physical object, it means to visualize the object through the eye. However, if it is used to present an idea or an abstract thing – like love - then it could mean knowledge.
Ra'a + physical object [like the moon] = see with the eyes
Ra’a + abstract object [like love] = knowledge
The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.

There’s no analogy in ritual worships
Even if this "condition" were considered a reason [illah] - analogy [qiyas] on this issue is invalid. Why?
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
• Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan through the use of calculations are invalid and haram.
• The only way to determine the arrival of Ramadan is through sighting the moon.

What about sticking with the majority – surely we have enough splits with the Ummah?
Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority). Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.
Al-Bukhari narrated: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such." What is this hadith asking us to do?”
-  This hadith is clear that the Prophet* orders Muslims to adhere to the group [jama'ah] of Muslims and to adhere to their Imam, and to leave those who invite people to the doors of hell.
-  When the questioner asked him that in case the Muslims have no Imam and no jama'ah what he has to do in regard with those who call at the doors of hell - the Prophet* ordered him to abandon them.
- The Prophet* did not ask him to disconnect himself from the Muslims or to stay away from working to establishing an Imam.

The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."

That’s why starting Ramadhan and celebrating Eid on one day is an obligation
- If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
- It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.
Abu Hurayrah: "The Prophet* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".

No Children's feedback or News Topic

No Homework other than preparing well for the Charity Event

Eid Mubarak to all! 

No Study Circle for the next two weeks:

19 August ~ Eid Celebration Weekend
26 August ~ recovering from the Charity Event 25 August

09 October 2011


Banu Mustaliq and Abdullah ibn Ubai, No Harming nor Reciprocating Harm and Some Etiquettes of Visiting the Graves

Seerah of Muhammed*

*: May the Peace, Blessings and Mercy of Allah be upon him

TMQ: Translation to the nearest meaning of the Qur’an

Seerah: Banu Mustaliq and Abdullah ibn Ubai (Leader of the Hypocrites)

The Quraish now stirred up their own Red Sea coast allies, the Bani l-Mustaliq, a clan of Khuza'ah, to make a raid on Medina, hoping no doubt that the raiders might gather support from other coastal tribes, and thus open up the way once more for themselves. But the other clans of Khuza'ah were more favourably disposed to the Prophet* than the Meccans realised, and news of this project reached him in good time. He was thus given the opportunity to demonstrate his undiminished and even increased power along the western route also, to within a few marches from Mecca itself. After eight days, considerably before the Bani l-Mustaliq were prepared to set out, he was already encamped on their territory at one of their watering places. From there he advanced and by a quick manoeuvre was able to close in upon the tent-dwellers, who surrendered without much resistance. Only one Muslim was killed, and of the enemy no more than ten. About two hundred families were made captive, and the booty included some two thousand camels and five thousand sheep and goats.

Tribalism (nationalism) leading to the argument and in-fighting

The army camped there for a few more days, but its stay was cut short by an untoward incident. A quarrel broke out at one of the wells between two coastal tribesmen, from Ghifar and Juhaynah, as to which bucket belonged to which, and they fell to fighting. The Ghifarite, whom 'Umar had hired to lead his horse, shouted for help -"O Quraish", while the juhaynite called on his traditional allies of Khazraj, and the more hotheaded of both Emigrants and Helpers rushed to the scene. Swords were drawn and blood might have been shed had not some of the closer Companions intervened on both sides. This would normally have been the end of the matter. But it so happened that more of the hypocrites than usual had taken part in this expedition; it was in familiar and well-watered territory, and from the outset there had been hope of an easy victory and spoils well worth the effort.

Ibn Ubai was sitting apart with a group of his intimates when the sound of the quarrel came to their ears, and one of them went to see what was the matter. He returned to report, quite truly, that 'Umar's man had been entirely to blame, and that it was he who had struck the first blow. This served to fan afresh the embers of bitterness which were still smouldering from the ordeal of the Trench. For the last five years the tension had gradually mounted until the presence of Muhammad and the other Emigrants had brought the whole of Arabia against them. Added to this, the rich and hospitable Jewish tribes which had played so important a part in the community had been rooted out -two of them exiled and the third killed. The civil wars of the oasis had indeed called for a solution, but Ibn Ubai was convinced that if he had been made king he would have known how to put an end to the discord without involving his people in more dangerous hostilities. And now these impoverished refugees had had the effrontry to obstruct the passage of their benefactors to the well! "Have they gone so far as this?" said Ibn Ubai. "They seek to take precedence over us, they crowd us out of our own country, and naught will fit us and these rags of Quraish but the old saying 'Feed fat thy dog and it will feed on thee.' By God, when we return to Medina, the higher and the mightier of us will drive out the lower and the weaker."

A boy of Khazraj named Zayd, who was sitting at the edge of the circle, went straight to the Prophet* and told him what Ibn Ubai had said. The Prophet* changed colour, and 'Umar, who was with him, suggested that he should forthwith have the traitor beheaded, but he said: "What if men should say, O 'Umar, that Muhammad kills his companions?" Meantime one of the Helpers had gone to Ibn Ubai and asked him if he had in fact said what the boy had reported, and Ibn Ubai came straight to the Prophet* and swore that he had said no such thing. Some of the men of Khazraj who were present also spoke in his defence, anxious to avoid trouble. The Prophet* let it seem as if the incident were closed; but a surer way of avoiding trouble was to busy men's minds with something else and he gave the order to break camp immediately. Never before had he been known to move off at that hour: it was not long after midday; and with brief halts at the times of prayer they were kept on the march through the heat of the afternoon, then all through the night and from dawn until the heat of the next day became oppressive. When they were finally told to pitch camp, the men were too tired to do anything but sleep. During the march the Prophet* confided to Sa'd ibn 'Ubadah, who for the Muslims had been gradually replacing Ibn Ubai as the chief man of Khazraj, that he believed young Zayd to have spoken the truth. "O Messenger of God," said Sa'd, "You, if you will, shall drive out him, for he is the lower and the weaker and thou are the higher and the mightier." He asked him none the less to deal gently with Ibn Ubai as ibn Ubai felt that his kingship was robbed by the Prophet, nor was the Prophet* intending to mention the incident again; but soon after his talk with Sa'd the matter was taken out of his hands, for the Revelation descended upon him and that chapter was revealed which is named the Surah of the Hypocrites, one of whom it quotes, though not by name, as having said the very words spoken by Zayd. The Prophet* did not however give out this chapter until they had returned to Medina. But he rode up to Zayd and leaning towards him took hold of his ear. "Boy," he said, "Your ear heard truly, and God has confirmed your speech."

In the meantime 'Abdullah, the son of Ibn Ubai, was deeply distressed for he knew that his father had spoken those words. He had also been told that 'Umar had wanted the Prophet* to put his father to death, and he was afraid that the sentence might be passed and the order given at any moment. So he went to the Prophet* and said: "O Messenger of God, I am told that thou art minded to kill Abdullah ibn Ubai. If  you must do it, then give me the order, and I will bring you his head. Khazraj know full well that there is no man amongst them of more filial piety unto his father than myself, and I fear that if thou should give the order to another my soul would not suffer me to look upon the slayer of my father walking amongst men, but I would slay him, and having thus slain a believer on behalf of a disbeliever I would enter the fire of Hell." But the Prophet* said: "No, but let us deal gently with him and make the best of his companionship so long as he be with us.'"

Almost a month later, the Messenger of Allah* and Umer bin Al-Khattab were engaged in the following talk: "Don’t you see Umer if I had had him (Abdullah bin Ubai) killed, a large number of dignitaries would have furiously hastened to fight for him. Now, on the contrary, if I ask them to kill him, they will do so out of their own free will." Umer replied "I swear by Allah that the Prophet’s judgement is much more sound than mine."

Tayammum
During the journey, there was not one well within reach, and the men had used up all the water they carried with them, intending to fill their skins and bottles at the well watered camp they had been aiming for. It would not be possible to pray at dawn, for they had no means of making their ablutions. But in the last hours of the night the verse of earth-purification (Tayammum) was revealed to the Prophet* - an event of untold importance for the practical life of the community: If ye find not water then purify yourselves with clean earth, wiping therewith your faces and your hands.'

Hadith: Nawawi’s 40 Hadith

Hadith 32 : No Harming nor Reciprocating Harm

It was related on the authority of Abu Sa'id Sa'd bin Malik bin Sinan al-Khudri, that the Messenger of Allah*, said:  "There should be neither harming [darar] nor reciprocating harm [diraar]" [Ibn Majah, Al-Daraqutni and others]

Know that he who harms his brother has oppressed him, and oppression is Prohibited [Haraam], as has preceded in the hadith of Abu Dharr : "O My servants ! I have forbidden dhulm (oppression) for Myself, and I have made it forbidden amongst you, so do not oppress one another", and the Prophet* has said: "Verily your blood [ie lives] and your property and your honour are all Sacred/Prohibited". And he said this on many occasions, including the Sermon he gave at the Farewell Hajj.

Some scholars have said : "ad-darar is that by which you attain benefit, but in it is harm for your neighbour". And other scholars have said ad-darar is that you harm one who has not harmed you, while ad-diraar is that you harm one who also harms you in a way that is not responding equally or taking revenge rightfully", and this is similar to his* statement "Return the Trusts given to you, to those who entrusted them to you, and do not betray the one who betrays you".

And what is correct from an examination of all the evidences is that it is not correct for someone to harm his brother, whether he has harmed him or not, except if he avenges himself to the extent that Justice allows him to [ie equally], and this is not considered to be oppression nor harm, as long at is in a fashion that the Sunnah makes permissible for him.

There is another version on the hadith in which the Prophet*, says: "No harm or harming in Islam". There is the additional phrase "in Islam". In a third version, the hadith states: "It is cursed whoever harms a mu'min (believer)."

The text of this hadith becomes one of the most important maxims. Later on other maxims were derived from the text of this hadith. Some of them are as follows:

1. Harm is to be prevented from appearing as much as possible.
2. Harm is to be eradicated.
3. Harm is not to be removed by a similar harm.
4. Preventing harm takes precedence over gaining or attaining benefits.
5. If there is a conflict between factors permitting something and others prohibiting something, the prohibition takes precedence; that is, it is going to be given the priority.
6. Something harmful is not given precedence just because it was pre-existing. In other words, the pre-existence of something does not allow it to continue to exist and be the cause of harm.
7. Another maxim is if there is a conflict between individual harm and public harm, the prohibition of public harm will take precedence.

There is a real story related to maxim number 6. This story took place in Al-Andalus (Muslim Spain) where the people built a mosque. After several years or decades, many houses had been built around the mosque and at that time when the mu'zin wanted to make the call for prayer (Adhan), he used to climb up to the minaret. The fuqaha (jurists) ruled that the mu'zin should stop going up to the minaret in order not to cause any harm (from the minaret, one was able to see into other people's homes and thus invade their privacy). This is similar to the introduction of double decker buses in the Muslim world a century ago – causing uproar!

The above are some of the maxims that are derived from the text of this present hadith.

When scholars talk about doing things right from the first time either based on experience or anticipation that certain things will cause harm, they urge people to take precautions to prevent any kind of harm. When we look at these maxims, we see that they are very great where we have to anticipate the harm and not to allow it to take place. If it takes place, efforts should be done in order to bring it to an end or to remove it. If it cannot be removed, we should try our best to minimize the harm.

Two interpretations of "harm/harming"

Regarding the interpretation of the text, scholars point out that what is stated in the hadith (i.e. the usage of the word "harm") is not a matter of emphasis. It is more sound because the two statements have different meanings. These scholars have given two interpretations of "harm/harming":

1. The first part of the hadith is the noun "no harm" and then the second part is the verb "harming". Harm is not allowed in shari'ah and causing harm without valid reasons is rejected and not accepted.
2. The second interpretation says that the first part of hadith (harm) means that the person causes harm to someone else by doing something which is beneficial to the doer. This kind of act is not allowed in Islam. The second part of hadith (harming) means that the person causes harm to someone else which is not even beneficial for him.

For example, suppose a person builds another floor (story) on top of his house and this results in his house being higher than his neighbours. This is beneficial to him but it causes harm to his neighbours as it invades their privacy. However, in the punishment of a criminal, there would be harm but the reason is valid. The aim here is to bring justice. In bringing justice, if there is any harm to an unjust person or criminal, then this harm is legal and allowed.

Causing harm without a valid or good reason

1. Ibn Rajab says the Prophet*, said that if the main objective is to actually cause the harm, then this is totally prohibited. There are many types of harms that are mentioned in the Qur'an:

• Wasiyyah (will) - if a person has some money and he wants to give it to someone who is no related to him. He is allowed but he must not exceed the limits (one third). If he exceeds the limits, he will cause harm to the immediate inheritors. Another situation is to give someone more than he deserves, as stated in the Qur'an. To favour any one of the inheritors is harm. Ibn Abbas considers this as a major sin. Some Muslims practice this because of ignorance or self-interest. [See Surah An-Nisa' : Ayah 12]
• Marriage and relationship between husband and wife. In al-raj'ah (returning), as stated in Surah Al-Baqarah Ayah 231 - someone divorces his wife and then he reconciles with her, but his intention in reconciliation is so that he can cause her harm. This is not allowed in Islam. Another point is aleyla' (disassociating with one's wife).
• Traveling or being away from the family for a long time and without a good reason - this can cause harm to the wife and family.
• Breastfeeding - in the case of divorce, the husband tries to take the baby away from the mother and not allow her to feed him. This is prohibited. [See Surah Al-Baqarah : Ayah 233]
• Selling and trading - when someone is in great need of something, the seller (who knows this) sells him at a very high price - this is not allowed. Some scholars consider this as a form of riba' (profit) which is prohibited in Islam.
• Somene who wants to buy is not good at bargaining, and because of this the seller sells at a very high price, more than it is worth. This is prohibited. According to Imam Malik if the price exceeds a third of what it is worth, it is considered harm.

2. Someone may do something for a beneficial reason and with a good intention. But he overdoes it, and consequently causes harm to others. Examples of this scenario are as follows:

• Burning rubbish on your property on a windy day. This will cause harm to your neighbours. It may cause harm to the environment and the people in the neighbouring countries. This kind of harm should be brought to an end.
• Building a high building, as mentioned above. Building a high building where it will obstruct air, sunlight, and moonlight, is not allowed because it will cause harm.
• Digging a well that will cause damage to the well of one's neighbour. If one needs to dig a well, he should position it a little further away from his neighbour's.
• Behaving on one's property in a way that will harm his neighbours.
• Causing bad smell to spread from one's property to his neighbours'.

There are also some other types of actions which imply that Allah did not ask His servants to do anything that will cause us harm. He said that whatever Allah commands us to do is beneficial in this world and the Hereafter. And whatever Allah prohibits is harmful to us whether it is in this world or in the Hereafter. Examples of these actions include:

• Tayammum (ablution without using water) - this is permissible for sick people or when there is no water.
• The traveler or the sick does not have to fast - they can make up for it in the future.
• Another example is taken from the biography of Prophet*, where he saw someone walking and asked about him. The companions told him that this man made a vow or commitment that he will perform pilgrimage walking. The Prophet*, said Allah is not in need for this one to torture himself. He asked his companions to tell the man to look for a ride, that is, to use an easier way or means to go for his pilgrimage.
• The person who has debt. If you lend someone money and he is indeed in a very bad financial situation, then you should give him time for him to get the money and pay you back.

Feedback:

Allah: 10 things about Allah that we need to know (followed by a short quiz)

Jannah-Jahannum: Things that are important to know about Paradise and Hellfire (followed by a short quiz)

News: 

Vandalism of Graves in Israel/Palestine

Below is an article which convers some of the background to the topic

Israeli Settlers Continue ‘Price-Tag’ Rampage

by Pierre Klochendler, October 11, 2011

http://original.antiwar.com/klochendler/2011/10/10/israeli-settlers-continue-price-tag-rampage/

“On Saturday, we as a nation atoned for our sins. I as a Jew feel ashamed of myself. I’m asking for forgiveness,” declared Ron Hulday, mayor of this mixed city, immediately at the closing of the Day of Atonement. As Jews fasted and prayed to amend for their past behavior, vandals, presumably Jewish, desecrated tombstones in two cemeteries of the Jewish-Arab city, one Muslim, another Christian, with slanderous tags against Arabs and “Russians,” the country’s largest minorities.

One in five Israelis is an Arab; there are more than one-and-a-half million citizens from the former Soviet Union. Yom Kippur is the most solemn day of the Jewish calendar. According to tradition, God “seals” the Book of Life into which each person’s fate is inscribed for the coming year in accordance to his or her past deeds. “The perpetrators are weak-kneed terrorists,” fumed former Chief Rabbi Yisrael Meir Lau, “for the dead cannot defend their name.” Sheikh Ahme Abu Ajwa, president of the Islamic Movement in Jaffa, joined the chorus of unanimous condemnations: “This is an attempt by extremists to incite the Arabs.”

The desecrations weren’t just isolated incidents. They share a common modus operandi. What’s been labeled by settlers as a “price tag” for “eye-for-eye” retribution against Palestinians collectively accused by them of violent actions perpetrated by isolated Palestinians against Israelis, has become not merely the “plague” of the day, but “policy.” In just the past fortnight, there were numerous such attacks. In the West Bank, according to police sources, young extreme right-wing settler activists attempted to torch a Palestinian village mosque and sprayed its walls with injurious “death to Arabs” and “price tag” graffiti, their signature. Alarmingly, the outbreak of assaults has known no respite and no border, national or physical. The door of a left-wing Israeli activist living in Israel proper was sprayed with menacing paint.

But the gravest incident occurred last week in the Bedouin Israeli village Tuba-Zanghariya. A mosque was torched and severely damaged. Copies of the Quran were destroyed in the blaze. The blackened walls were sprayed with “price tag” graffiti in revenge for the alleged murder, a week earlier, of two settlers, father and son, who were driving on a West Bank road at the time of the Palestinian bid for statehood at the United Nations. Police investigators had concluded — hastily it seems — that the deaths were the result of a traffic accident. But evidence showed that Palestinian youths had thrown rocks at the car which caused it to overturn. Last week, the suspected rock-throwers were arrested.

Other recent vengeful actions included the defacement of the Tomb of Joseph, a shrine revered by Jews but also by Muslims, located near the West Bank town Nablus. All politicians and religious figures have stood up united in their condemnation and reprobation: “Jews do not desecrate holy sites, period,” is the mantra. “Israel … will show no tolerance for those who oppose it,” stated Netanyahu at the start of the weekly cabinet meeting on Sunday. The statement was wide open to interpretation — as in “when” Israel “will show no tolerance.” For beyond the veneer of moral indignation and making, appropriately, good Kippur resolutions, what’s striking is the double-standard policy with regard to rule of law enforcement against “price tag” assailants. Police are responsible for law and order — including in the settlements. Whereas a suspected arsonist of the Israeli mosque was quickly apprehended, no one was ever detained, let alone tried, for “price tag” arsons and defacements of Palestinian mosques and for other acts of vandalism against Palestinian property, such as uprooting olive trees, a common settler practice.

When a military jeep was destroyed and tagged two weeks ago in response to the forced evacuation and demolition by police units — the army usually provides only peripheral security to the operation — of an “unauthorized settlement outpost” “illegally” built on “Palestinian-owned” land in the occupied West Bank, the perpetrators were quickly arrested. But the army is sacrosanct, so it would seem. Other such “outposts” are slated for evacuation at the end of the High Holiday season. Tension between the Israeli military and police and settlers is on the rise. Wednesday, settlers blocked an army vehicle and assaulted its soldiers. “A Jewish authority has taken shape in the West Bank,” warned political commentator Zvi Barel in the daily Haaretz. “Its goal is to replace the state as sovereign authority, and eventually also supplant the military authority.” Hence, the ominous warning issued last month by Bar-Ilan University Prof. Hillel Weiss at a settlers’ event marking the creation of a new “Jewish Authority” (as counterweight to the Palestinian Authority) labeled “the rescue of the Jewish people and the land of Israel.”

The notorious far right-wing speaker said: “Instead of a governmental authority which gleefully cracks the skulls of Jewish youths, instead of what the state calls ‘the rule of law,’ there are Jews who stand up. … We Jewish citizens to be abandoned to the authority of an artificial enemy state [a future Palestine] declare that this will never happen.” Yom Kippur seals the Days of Awe. This holy day presaged more such days to come. In the land ostensibly cursed by its own holiness, each parcel of it is replete with shrines, pilgrimage sites, houses of prayers, places of worship, and cemeteries. “Price tag” militants not only target places of elemental religious tolerance, which all too often have been misrepresented as ferment of political intolerance.

As the land — who controls it, what stands on it, and who lives in it — is slated for division (at least nominally under U.N. auspices), the “price taggers” also risk turning to ashes any prospect of a two-state solution.  (Inter Press Service)

Comment - Some Etiquettes of Visiting the Graves
It is wrong to desecrate graves. We then discussed some of the etiquettes about visiting the grave and burials, including:

- Do not walk on a grave as the dead body can feel it

- The visitor benefits from remembering death and the dead, remembering that their destiny will be either Paradise or Hell. This is the primary purpose of the visit

- The deceased also benefits and is treated kindly by the visitor greeting him with salaams

- At the beginning of Islam, visiting graves was not allowed for men and women alike, because the Muslims were new in Islam and came from a background where grave-worship and attachment to the dead were widespread. So they were forbidden to visit graves. But once Islam was well-established and they understood Islam, Allah prescribed visiting the graves because of the lessons and reminders of death and the Hereafter involved in that, and so that they could make du’aa’ for the deceased and pray for mercy for them. The Prophet* said: “I had prohibited you from visiting the graves, but now I encourage you to visit them, because they are a reminder of the Hereafter.” [Abu Dawud]

- The Prophet said: " Surah Ya Seen is the heart of the Qur'an, no man reads it desiring Allah and the afterlife except he is forgiven. Read it over your dying/deceased."

- Some of the Surahs you can recite are: Surat al-Fatiha, Surat al-Baqara, beginning, Ayat al-Kursi, and amana al-rasul, Surat Ya Seen, Surat al-Mulk, Surat al-Takathur and Surat al-Ikhlas 12 or 11 or 7 or 3 times

- Weeping for the dead is permissible, whereas crying and wailing are not

- Women are allowed to visit the graves but not during the funeral / burial

31 July 2011

31 July 2011


Seerah of Muhammed*
*: May the Peace, Blessings & Mercy of Allah be upon him
TMQ: Translation to the nearest meaning of the Qur’an


59: Surah al-Hashr (The Banishment)
1 Whatsoever is in the heavens and whatsoever is on the earth glorifies Allah. And He is the All-Mighty, the All-Wise.
2 He it is Who drove out the disbelievers among the people of the Scripture (i.e. the Jews of the tribe of Banu An-Nadir) from their homes at the first gathering. You did not think that they would get out. And they thought that their fortresses would defend them from Allah! But Allah's (Torment) reached them from a place whereof they expected it not, and He cast terror into their hearts so that they destroyed their own dwellings with their own hands and the hands of the believers. Then take admonition, O you with eyes (to see).
3 And had it not been that Allah had decreed exile for them, He would certainly have punished them in this world; and in the Hereafter theirs shall be the torment of the Fire.
4 That is because they opposed Allah and His Messenger (Muhammad*). And whosoever opposes Allah, then verily, Allah is Severe in punishment.
5 What you (O Muslims) cut down of the palm-trees (of the enemy), or you left them standing on their stems, it was by Leave of Allah, and in order that He might disgrace the Fasiqun (the rebellious, the disobedient to Allah).
6 And what Allah gave as booty (Fai') to His Messenger (Muhammad*) from them, for this you made no expedition with either cavalry or camelry. But Allah gives power to His Messengers over whomsoever He wills. And Allah is Able to do all things.
7 What Allah gave as booty (Fai') to His Messenger (Muhammad*) from the people of the townships - it is for Allah, His Messenger (Muhammad*), the kindred (of Messenger Muhammad *), the orphans, Al-Masakin (the poor), and the wayfarer, in order that it may not become a fortune used by the rich among you. And whatsoever the Messenger (Muhammad*) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allah; verily, Allah is Severe in punishment.
8 (And there is also a share in this booty) for the poor emigrants, who were expelled from their homes and their property, seeking Bounties from Allah and to please Him, and helping Allah (i.e. helping His religion) and His Messenger (Muhammad *). Such are indeed the truthful (to what they say).
9 And (it is also for) those who, before them, had homes (in Al-Madinah) and had adopted the Faith, love those who emigrate to them, and have no jealousy in their breasts for that which they have been given (from the booty of Banu An-Nadir), and give them (emigrants) preference over themselves even though they were in need of that. And whosoever is saved from his own covetousness, such are they who will be the successful.
10 And those who came after them say: "Our Lord! Forgive us and our brethren who have preceded us in Faith, and put not in our hearts any hatred against those who have believed. Our Lord! You are indeed full of kindness, Most Merciful.
11 Have you (O Muhammad*) not observed the hypocrites who say to their friends among the people of the Scripture who disbelieve: "(By Allah) If you are expelled, we (too) indeed will go out with you, and we shall never obey any one against you; and if you are attacked (in fight), we shall indeed help you." But Allah is Witness that they verily are liars.
12 Surely, if they (the Jews) are expelled, never will they (hypocrites) go out with them; and if they are attacked, they will never help them. And (even) if they do help them, they (hypocrites) will turn their backs, and they will not be victorious.
13 Verily, you (believers in the Oneness of Allah - Islamic Monotheism) are more fearful in their (Jews of Banu An-Nadir) breasts than Allah. That is because they are a people who comprehend not (the Majesty and Power of Allah).
14 They fight not against you even together, except in fortified townships, or from behind walls. Their enmity among themselves is very great. You would think they were united, but their hearts are divided. That is because they are a people who understand not.
15 They are like their immediate predecessors (the Jews of Banu Qainuqa', who suffered); they tasted the evil result of their conduct, and (in the Hereafter, there is) for them a painful torment.
16 (Their allies deceived them) like Shaitan (Satan), when he says to man: "Disbelieve in Allah." But when (man) disbelieves in Allah, Shaitan (Satan) says: "I am free of you, I fear Allah, the Lord of the 'Alamin (mankind, jinn and all that exists)!"
17 So the end of both will be that they will be in the Fire, abiding therein. Such is the recompense of the Zalimun (i.e. polytheists, wrong-doers, disbelievers in Allah and in His Oneness).
18 O you who believe! Fear Allah and keep your duty to Him. And let every person look to what he has sent forth for the morrow, and fear Allah. Verily, Allah is All-Aware of what you do.
19 And be not like those who forgot Allah (i.e. became disobedient to Allah), and He caused them to forget their ownselves, (let them to forget to do righteous deeds). Those are the Fasiqun (rebellious, disobedient to Allah).
20 Not equal are the dwellers of the Fire and the dwellers of the Paradise. It is the dwellers of Paradise that will be successful.
21 Had We sent down this Qur'an on a mountain, you would surely have seen it humbling itself and rent asunder by the fear of Allah. Such are the parables which We put forward to mankind that they may reflect.
22 He is Allah, beside Whom La ilaha illa Huwa (none has the right to be worshipped but He) the All-Knower of the unseen and the seen. He is the Most Gracious, the Most Merciful.
23 He is Allah beside Whom La ilaha illa Huwa (none has the right to be worshipped but He), the King, the Holy, the One Free from all defects, the Giver of security, the Watcher over His creatures, the All-Mighty, the Compeller, the Supreme. Glory be to Allah! (High is He) above all that they associate as partners with Him.
24 He is Allah, the Creator, the Inventor of all things, the Bestower of forms. To Him belong the Best Names. All that is in the heavens and the earth glorify Him. And He is the All-Mighty, the All-Wise.

There is no compulsion in religion
Also a famous verse from Surah Baqara was revealed concerning the issues around Banu Nadhir: “Let there be no compulsion in religion.  Truth has been made clear from error.  Whoever rejects false worship and believes in God has grasped the most trustworthy handhold that never breaks.  And God hears and knows all things.” (TMQ 2:256)
This verse relates to some Muslim children who were raised as Jews with the Banu Nadir. This happened, because during those days, many Muslims who had difficulty in having children used to vow that if Allah gave them any child they would make that child a Jew and raise the child with the Jews. When The Prophet* expelled the Jews of Banu Nadir for their treachery and plots to kill him, the Muslim parents of these children asked him about what should they do with their children. The Prophet* waited for revelation and then permitted these children to decide where they want to live – with their adopted family or biological parents and that they need not change religion.
Here is a Hadith from Sunaan Abu Dawud on this matter: Narrated Abdullah ibn Abbas: When the children of a woman (in pre-Islamic days) did not survive, she took a vow on herself that if her child survives, she would convert it a Jew. When Banu Nadir were expelled (from Arabia), there were some children of the Ansar (Helpers) among them. They said: We shall not leave our children. So Allah the Exalted revealed; "Let there be no compulsion in religion. Truth stands out clear from error."
One of the fundamental truths established by the sacred texts is that no one can be compelled to accept Islam.  It is the duty of Muslims to establish the proof of Islam to the people so that truth can be made clear from falsehood.  After that, whoever wishes to accept Islam may do so and whoever wishes to continue upon unbelief may do so.  No one should be threatened or harmed in any way if he does not wish to accept Islam. Some people might be wondering that if Islam indeed advocates such an approach, then what is all this we hear about jihad?  How can we explain the warfare that the Prophet, may the mercy and blessings of God be upon him, and his Companions waged against the pagans?  The answer to this is that jihad in Islamic Law can be waged for a number of reasons, but compelling people to accept Islam is simply not one of them.  As for conversion, this is to be done peacefully by disseminating the Message with the written and spoken word.  There is no place for the use of weapons to compel people to accept Islam.
Once people have heard the Message without obstruction or hindrance and the proof has been established upon them, then the duty of the Muslims is done.  Those who wish to believe are free to do so and those who prefer to disbelieve are likewise free to do so. Even when the Muslims are compelled to fight and then, as a consequence, subdue the land, their duty thereafter is to establish God’s law in the land and uphold justice for all people, Muslim and non-Muslim.  It is not their right to coerce their subjects to accept Islam against their will.  Non-Muslims under Muslim rule must be allowed to remain on their own faith and must be allowed to practice the rights of their faith, though they will be expected to respect the laws of the land.
This differs markedly from the experience of Christianity – which has forced people (throughout the ages) to become Christian or die: notable examples include the Spanish Inquisition, Medieval Inquisition, conquering of South America, North America, Africa and also active missionary work under their ‘Empires’ in places like Africa, India and the Far East.

Main Topic: Moonsighting according to Islam

All Muslims are obliged to start Ramadhan on the same day…
No matter where the moon is sighted

All Muslims are obliged to start Ramadhan and celebrate Eid on the same day...If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.
WHY?
Because this is what Allah [s] and the Prophet [s] ordered. To prove this is the case we have to look at…
• The Quran
• The Sunnah
What we can’t look at to prove things are Islamic are …
• Our emotions
• What people think
• What most people are doing
• What is normal is our community
• What the tradition is.

Remember what Ibn Masud (r) said: "The jama'a is truth [haq] even if it is one person".
The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185]
"They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]
The Prophet [s] said…
The Prophet [s] mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim]
He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari]
"The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]
"The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]
"The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]
These narrations are very clear. The Qur’an and the Prophet [s] order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed.
We have to follow these orders of the Quran and the Prophet [s]. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet [s] for another order like praying salah.

The command to fast is general so it applies to everyone – no matter where they live 
The command to fast is general so it applies to everyone – no matter where they live
When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.
"Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."

Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar (r) reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud & Hakim]

So if the moon was sighted in Morocco do Muslims in Indonesia fast?  
YES: If the people in Rabat – Morocco, see the moon on Friday night and the people in Jakarta –  Indonesia, can’t see it – they still have to fast the same time as the Muslims in Rabat. And if they don’t get the news in time to fast the same morning then they have to make up that fast after Eid.

During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day.

Here’s what some scholars said about every Muslim fasting
Ibn Taymiyyah: “…a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Islamic law.” [Al-Fatawa, volume 5, page 111]
The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) quotes the narration from Abu Dawud (2333, 2334) that; The Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet* that he had seen it (the moon). The Prophet* asked him if he was a Muslim to which the man answered ‘yes’. The Prophet* then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet* fasted and asked the people to stop eating and start fasting. [Al-Mabsout 3-52]

WHAT IF THE NEWS REACHES US TOO LATE TO FAST ON THE SAME MORNING?
This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."

Deobandi Scholars
Founding and well known scholars of the Deobandi movement of the Indian subcontinent have clearly said this is the correct view. It’s a pity that many who follow them don’t follow their rulings.
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting." [Sharh Tirmizi), Kaukab un Durri, pg 336 Urdu edition].
"Wherever the sighting is confirmed, however far off it may be, even if it were to be thousands of miles; the people of this place will have to abide by that." [Fatawa Dar ul Uloom Deoband, Vol. 6 page 380, Urdu edition]
QUESTION: There has been some dispute in Amritsar etc. regarding sighting of moon for Ramdhan and Eid ul fitr. So should we the residents of Mandla (CP), which is located very far off, follow that sighting or not?
ANSWER: In the maslak of Hanafiyyah, there is no consideration of difference in sighting - the sighting of the people of east is binding upon the people of the west and vice versa. This is also demanded by the hadith: "Fast when it is sighted and stop fasting when it is sighted", because the address ‘fast ' and ‘stop fast' is general and for everyone. In conclusion, when sighting is confirmed in whichever place, everyone is supposed to start his fast and break it in accordance with it, i.e when the sighting is confirmed." [Fatawa Dar ul Uloom Deoband, Vol. 6 page 385-386, Urdu edition]
"Irrespective of how far the news of sighting came from, it is to be relied upon. For instance if the people of Burma did not sight the moon, and a person from Bombay testifies to them of having sighted the moon; it will be incumbent upon the people of Burma to make up for the (first) fasting i.e. Qada'." [Mufti Kifayat ullah, Ta'leem ul Islam, vol. 4, section sighting of moon: Urdu edition] "When the moon is sighted in one place it is not just for that region but for the entire world." [Maulana Amjad Ali, Bahar e Sharee'at, Vol 2]

Bareylvi Opinion
The founder of the Barylevi movement, Maulana Ahmad Raza Khan, said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and Eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east." [Fatawa Rizwi; Vol 4 page 568, Urdu edition]

Is the idea for all Muslims to fast on one day something new?
No. Here’s what the Hanafi scholars say.
Imam Kasanee said in his book Bada as-Sana'i said that following other than one sighting for the whole Ummah is an innovation [bid’a]. This indicates how weak he felt that the other Ijtihad is.
Imam Juzairi in his book The Fiqh of the Four Schools of Thought [Vol 1] gives two views of the Hanafis about this:
1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not,
2) The justness [of the witness] should be verified by a judge [Qadi].

This all sounds simple – so what reasons do people use for not fasting on one day?
Reason 1 – Times of fasting differ for each region, like prayer times
Reason 2 – The Companions didn’t fast on one day.
We’ll also look at
• Using calculations to decide the new moon
• The idea of ‘sticking to the majority’

Reason 1 – times of fasting are like times of prayer – they’re different in each area The thinking goes something like this…
Every country should start Ramadhan and celebrate Eid based on their own sighting of the moon, in the same way each region begins its prayer time according to the sun in that area.
The answer
It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region.
So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.
The difference in the rising of the new moon between the farthest two points in the world is not more than twelve hours. The classical scholars are excused for not understanding this deduction from the Shari'ah rule, because at the time they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days.

Reason 2 – The companions of the Prophet* did not fast at the same time
Another reason given by some is that the companions of one region would not fast at the same time as the companions of a different region. The evidence for this is taken from a report by Imam Muslim about Kurayb who reported that a lady sent him to Mu'awiya [r] in Al-Sham for some business.
Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas [r] asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya [r] also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya [r] not valid for you?" He said: "No, this is how the Messenger of Allah* has commanded us." 
THIS IS THE CLAIM
…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.” Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.

THE ANSWER —
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas [r] did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Messenger of Allah* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Messenger* said: "Fast when you see it and break fast when you see it."
This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”

What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.” [Nayl ul-Awtar, volume 4, page 268]

Why can’t we use calculations?
Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
What role can calculation play? Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon.
What role can’t calculation play? Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
Why? All the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting. People who support the idea of calculating the birth of the moon for Ramadan say this word means ‘knowledge’. So as long as we have ‘knowledge’ of when the new moon is born we should fast. And using calculations helps us come to this knowledge This is a misuse the word "ra'a". The word ra'a could mean knowledge. But it’s not right to apply this meaning here because of the following two reasons:

When referring to a single object, "ra'a" means to visualize that object through the eye, i.e. he saw the moon. However, if ra'a refers to two objects, it could mean to know, i.e. he knew the correct opinion.
Ra'a + 1 object [like the moon] = see with the eyes
Ra’a + 2 objects = knowledge

If ra'a is used in reference to a physical object, it means to visualize the object through the eye. However, if it is used to present an idea or an abstract thing – like love - then it could mean knowledge.
Ra'a + physical object [like the moon] = see with the eyes
Ra’a + abstract object [like love] = knowledge

The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.

Isn’t the rule to see the moon for illiterate people? And since we Muslims are no longer uneducated, surely the rule no longer applies?
Umar (r) reported that the Prophet* said: "We are unlettered people (ummiyah), we neither write nor calculate. The month is this way and that, sometimes 29 days and sometimes 30."
Those who calculate the first day of Ramadhan and Eid say that the command in this hadith, i.e. to ‘sight’ the moon, is accompanied by a reason (illah) which justifies the command.
This justification is that the Ummah was unlettered ("We neither write nor calculate"), ie we are illiterate. If the Ummah is no longer illiterate and is able to write and calculate, we must rely on calculation alone and not sight.
However, this argument is wrong because… There’s no reason [illah] in the hadith.
Umar (r) reported that the Prophet* said: "We are unlettered people (ummiyah), we neither write nor calculate. The month is this way and that, sometimes 29 days and sometimes 30."
1. The description of the Ummah in this Hadith, "ummiyah", does not imply a legal reason [illah]. "Ummiyah" could mean "Arab". "We neither write [naktub] or calculate [nahsib]..." [TMQ 62:2].
2. ‘Calculate’ [nahsib] does not mean general calculations because Muslims were commanded by the Shar'iah to follow the laws of Zakah and inheritance etc. even at the time of the Prophet* - which do involve lots of calculations.
3. ‘Calculate’ [nahsib] in the hadith carries several meanings - such as:
• We don’t use astronomical calculations to determine the legal Shari'i beginning and end of the month;
• nor do we practice astrology, etc.

• Therefore the claim that the hadith describes the condition of the Ummah at the time of the Prophet* is false.
• And the claim that this condition serves as an illah is also wrong.

There’s no analogy in ritual worships
Even if this "condition" were considered a reason [illah] - analogy [qiyas] on this issue is invalid. Why?
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
• Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan through the use of calculations are invalid and haram.
• The only way to determine the arrival of Ramadan is through sighting the moon.

What did some of the classical scholars say about calculating the sighting of the moon?
Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated." [as reported in the Tafseer of Al-Qurtabi from Ibn Nafi'e [r]]
Ibn Al'Arabi, the renowned scholar said: "Some of our people made a mistake when they reported that Imam Shaf'i relied on calculations…The report is baseless and falsehood." [Tafseer Al-Qurtabi]

What about sticking with the majority – surely we have enough splits with the Ummah?
Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority). Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.

Al-Bukhari narrated about Bisr ibn Obaydellah al-Hadhrami that he heard Abu Idrees al-Khoolani say that he heard Huthaifah ibn al-Yaman saying: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such."
What is this hadith asking us to do?” ... What is this hadith asking us to do?

• This hadith is clear that the Prophet* orders Muslims to adhere to the group [jama'ah] of Muslims and to adhere to their Imam, and to leave those who invite people to the doors of hell.
• When the questioner asked him that in case the Muslims have no Imam and no jama'ah what he has to do in regard with those who call at the doors of hell - the Prophet* or dered him to abandon them.
• The Prophet* did not ask him to disconnect himself from the Muslims or to stay away from working to establishing an Imam.

So his order is clear, disassociate yourself from all those groups who call at the doors of hell, and he emphasised the dissociation of those groups even to the extent that his isolation from them would make him clench to the trunk of a tree until death comes to him. It means adhere to your deen by staying away from the misleading callers who are at the doors of hell. In this hadith there is no excuse or permission (for anybody) to abandon the work for establishing a unified Islamic State.
The concept of following the majority rather than following Islam is not based on evidence from the Quran and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship. The Prophet* said: "The master of martyrs is Hamza, and a man who stands up to a tyrant ruler and gives him advice [nasiha]- and so the ruler kills him."

The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why?
The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."

That’s why starting Ramadhan and celebrating Eid on one day is an obligation 

• If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
• It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.

Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah* said: “There is no obedience to the one who does not obey Allah 'azza wa jall.”
Imam Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".

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