The Decree of a Mujtahīd as to the First Day of the Month

The Decree of a Mujtahīd as to the First Day of the Month

 

 

Ayatollah Khamenei
Ayatollah Khamenei

The Decree of a Mujtahīd as to the First Day of the Month

The Decree of a Mujtahīd
43. What is meant by “Should a mujtahīd issue a decree regarding moon sighting, it is binding for all”? Whom does it include?
A: By decree it is meant expressing view. It is not mere being known by him. By mujtahīd, it is meant the one enjoying all requirements and in the first step the Jurist Leader.

To Follow the Jurist Leader as to Moon Sighting
44. If the Leader of Muslims issues a decree announcing the next day as Eid ul-Fitr and the media report that the crescent has been cited in certain cities, does it determine the Eid for all the cities of the country or only those cities and those of the same horizon?
A: If the decree issued by the mujtahīd includes a country as a whole, it is valid for all cities in that country.

45. As you know, most Islamic scholars have written in their books on practical laws that the beginning of Shawwāl can be proved through five methods. However, being ascertained by a ḥākīm of shar’  is not among those methods. Thereby, how can most people break their fasts when the beginning of Shawwāl is ascertained by marji‘s?
A: Until a ḥākīm of shar’ issues a decree announcing the sighting of the new crescent, the mere ascertaining of it by him is not sufficient for others to follow him unless they are convinced thereby of the birth of the new moon.

Informing Ḥākīm of Shar’ about Moon Sighting
46. A person sees the new crescent and knows that the city’s ḥākīm of shar’ is not able to see the crescent for some reason. Is it his duty to inform the ḥākīm of shar’ that he has observed the crescent?
A: It is not his duty to do so unless it leads to a vile consequence.

Ḥākīm and Follower in Regions of Different Horizon
47. Should the decree issued by a ḥākīm be followed by those residing in faraway regions?
A: Decree of ḥākīm is not applicable to the regions of different ‘horizon’.

Source: Hadana adopted from the Istiftaat of the Grand Ayatollah Khamenei

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