Chapter: What renders fasting obligatory and the ruling concerning intention

Fasting the month of Ramadan is not obligatory until thirty days of Shaʿbān have been completed—unless the new crescent is sighted beforehand. If the crescent is sighted, fasting becomes incumbent.

For the sighting of the Ramadan crescent no testimony is accepted except that which is accepted for the crescent of Shawwāl: two upright men or more. The testimony of women and of slaves is not accepted.

If the sky is overcast, Mālik and his companions unanimously agree that the word of two upright men suffices, whether they are in a large urban center or elsewhere. If the sky is clear, with nothing obscuring the crescent, and two upright men in a major city claim they have seen it, one view holds that their testimony obliges the people to fast, just as similar testimony is accepted in other legal matters. A second view considers their solitary claim—when the sky is clear and no one else sees what they allege—a matter of conjecture, and the testimony of suspect witnesses is rejected.

Those among Mālik’s companions and others who hold the latter opinion state that in clear conditions only a large, widely attested multitude is accepted; two men are accepted only when there is cloud cover or the like. The first view represents the refined position of Mālik, is the most famous narration from him, and is the opinion upon which practice is based.

If the crescent is sighted in any city or town with an unmistakable sighting, or its sighting is confirmed by conclusive testimony, and then it is conveyed