Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
1739. The 1st day of a month is established in the following four
ways:
If a person himself sights the moon.
If a number of persons confirm to have sighted the moon and their words
assure or satisfy a person. Similarly, every other thing which assures or
satisfies him about moon having being sighted.
If two just (Adil) persons say that they have sighted the moon at night.
The first day of the month will not be established if they differ about the
details of the new moon. This difference can be either explicit or even
implied.
For example, when a group of people goes out in search of a
new moon and none but two Adils claim to have seen the new moon, though,
among those who did not see, there were other Adils equally capable and
knowledgeable, then the testimony by the first two Adils will not prove the
advent of a new month.
(iv) If 30 days pass from the first of Sha'ban , the 1st of Ramadhan will be
established, and if 30 days pass from the 1st of Ramadhan the 1st of Shawwal
will be established.
1740. The 1st day of any month will not be proved by the verdict of a
Mujtahed and it is better to observe precaution.
1741. The first day of a month will not be proved by the prediction
made by the astronomers. However, if a person derives full satisfaction and
certitude from their findings, he should act accordingly.
1742. If the moon is high up in the sky, or sets late, it is not an
indication that the previous night was the first night of the month. Similarly,
if there is a halo round it, it is not a proof that the new moon appeared in the
previous night.
1743. If the first day of the month of Ramadhan is not proved for a
person and he does not observe fast, and if it is proved later that the
preceding night was infact the night of Ramadhan, he should observe qadha of
that day.
1744. If the first day of a month is proved in a city, it is also
proved in other cities if they are united in their horizon. And the meaning of
having a common horizon in this matter is that if new moon was sighted in a
city, there would be a distinct possibility of sighting it in the other cities,
if there were no impediments, like, the clouds etc.
1745. The first day of a month is not proved by a telegram except when
one is sure that the telegram is based on the testimony of two Adils, or on a
source which is reliable in the eyes of Shariah.
1746. If a person does not know whether it is the last day of Ramadhan
or the first of Shawwal, he should observe fast on that day, and if he comes to
know during the day that it is the first of Shawwal, he should break the fast.
1747. If a prisoner cannot ascertain the advent of Ramadhan, he should
act on probability and he should act on a probability which in his estimation is
stronger. But if even that is not possible, he may consider a month which he
strongly feels to be Ramadhan and fast; however, he should keep that month in
view so that if it later transpires that he kept fasts before Ramadhan, he will
give the qadha. And if it transpired that it was Ramadhan or after it, he does
not have any liability of qadha.