Benefit regarding what occurred this year:
If he did not know of the crescent of Ramadan being affirmed except in the day time what is upon him?
The first statement:
If he woke up not fasting believing that it [the day] is from Sha’aban and after that the evidence has been established that the crescent was seen and it [the day] is from Ramadan, then it is obligatory upon him to abstain the rest of the day and upon him is to make up that day. It is the statement of majority of the people of knowledge: Abu Haneefah, Maalik, Ash Shafiee, and Ahmad except that Abu Haneefah said it is specific to the one who ate and not the one who did not, and also regarding the one who knew of the news after the sun passed the Zenith only, regardless of whether he ate or did not eat.
Their evidence is the narration of Ibn Umar رضي الله عنه which the author mentioned and that which is in its meaning, “Start fasting on seeing the crescent and stop fasting on seeing the crescent”. They said here the sighting has been affirmed. Thus it is obligatory to abstain. Similarly the narration
of Salamah Ibn al Akwa’ رضي الله عنه in Al Bukhari 1924 and Muslim 1135 wherein the narrator said,
“The Prophet (ﷺ) ordered a man from the tribe of Bani Aslam to announce among the people that whoever had eaten should fast the rest of the day, and whoever had not eaten should continue his fast, as that day was the day of ‘Ashura’.”
similar to it came
from Ar Rabee’ Bint Muawith رضي الله عنها in Al Bukhari 1960 and Muslim 1136.
Those who held the third stance also used this as evidence as will come, and that is that the prophet صلى الله عليه و سلم did not command them to make the fast up and fasting Ashuraa at that time was obligatory. As for [those who said with (i.e. held the opinion of)] making it up, then from the conditions of the correctness of the fast is that the intention covers the whole day, meaning it being before Fajr, due to his statement صلى الله عليه و سلم
“Indeed actions are by intentions”
and that has not occurred.
The second statement:
He eats the rest of the day and makes it up. It is the statement of Ataa’ and Dawood Ath Thaahiree said: He eats for the rest of the day because he did not intend fasting and he does not make it up, and it has been relayed from Ibn Masooud.
The third statement:
He intends the fast from when the news reaches him on that day, and abstains from that which the one fasting abstains from. The fast suffices him and he does not have to make it up. It is the statement of Umar Ibn Abdul Aziz, Ibn hazm, and Shaykhul Islaam Ibn Taymiyah chose it [to be correct].
The proof for this statement is that the prophet صلى الله عليه و سلم attached the obligation to the sighting and this day the sighting was not affirmed except during the day. When it was affirmed they did that which they were commanded with and abstained. If a person does that which he is commanded with than he is not commanded with the act of worship twice. Also from that which is known is that the traces of that which is forbidden is dropped with ignorance due to his statement Ta’ala
رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا
. “Our Lord! Punish us not if we forget or fall into error. [2:286]
Ibn Taymiyah answered regarding the fact they did not intend [the fast] before Fajr that the intention follows knowledge, and they had no knowledge of the entering of the month. That which they have no knowledge of than it is not in their scope.
لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا ۚ
Allah burdens not a person beyond his scope [2:286]
End quote. [Miskul khitaam of Ash Shaykh Zaayid Al Wusaabee 2/408-410]
I say: This stance is strong while the first stance is safer. Allah knows best
Translated by
Majid Jawed Al-Afghanee
Abu Layl
