But if some' Adil persons give evidence before him and he is...

But if some' Adil persons give evidence before him and he is satisfied that they have seen the moon, and thereupon he gives "order" that tomorrow is the first day of (let us say) Ramadhan, then will this order be binding on the believers? Some Mujtahids, like Ayatullah al-'Uzma Gulpayegani, say that it is binding on all believers (except when one is sure that the evidence relied upon by the mujtahid was not true). Some other mujtahids like late Ayatullah al-'Uzma al-Khoui (R.

A) say that it is not binding, as the fatwa quoted in your question shows. However, he had said that it was better to observe Ihtiyat (precaution). It means that in case of the month of Ramadhan, one should fast, but not with the niyyat of Ramadhan; instead one should fast with intention of Qada (if a fast is due) or Sunnat. Then if later on it was known that it actually was the first of Ramadhan, that Qada or Sunnat fast will be counted as that of Ramadhan.

In case of Shawwal, one should travel out of town to the prescribed limit of "journey" and then break the fast. Q. 84: IHRAM BY NADHR: I will arrive at Jeddah by air; the plane will fly over Qarnu 'l-manazil before proceeding to Jeddah. Can I make nadhr to put on Ihram and become muhrim when the plane flies over Qarnu 'l-manazili? Or, is it better if I become muhrim when the plane lands at Jeddah? Or, should I make nadhr to became muhrim from home?

A: According to Ayatullah al-'Uzma as-Sistani, you may make nadhr to put on Ihram and become muhrim from your home. So all your problems are solved. Of course, you will have to sacrifice one goat or sheep as Kaffarah of travelling under shadow (i.e. in plane). This Kaffarah will be slaughtered in Mina. If you travel in closed car or bus during hajj (Mecca-Arafat-Mina), that too will need another Kaffarah, which will be slaughtered after you return to your home.

[Kaffarah of 'Umrah is given at Mina and of hajj in home town.] Q. 85: DID THE PROPHET(S.A. W) PERFORM TAWAFUN NISA '? Did the Holy Prophet (S.A. W) perform Tawafun Nisa'? How is it that NOT a single reference to it is traceable in the Sunni books of Hadith, as in the case of Tawaf Qudum, Tawaf lfadah and Tawf Wada'? A: Ash-Sharif al-Murtada (died 436) has written that there is no dispute that the Holy Prophet (S.A.W) had done Tawafun Nisa'.

(All agree that the Prophet (S.A.W.) had done two Tawafs; and as will be explained below, the second one was Tawafun Nisa'.).