twelve months, it is accepted; because it is a year in reality. If he says: "I intended that the beginning of the years is the beginning of the new year from Muharram," he is believed. The Qadi said: It is not accepted from him in terms of a legal ruling; because it is contrary to the apparent meaning. It is more appropriate that it be based on two narrations; because it is a possibility that is contrary to the apparent meaning.

Section: If he says, "You are divorced when I see the new moon of Ramadan," she is divorced upon the people's sighting of it at the beginning of the month. This is the opinion of al-Shafi'i. Abu Hanifah said: She is not divorced unless he sees it himself; because he suspended the divorce upon his own sighting, so it resembles a case where he suspends it upon Zayd's sighting. Our evidence is that the sighting of the new moon in the convention of the Shari'ah is the knowledge of it at the beginning of the month, evidenced by his (peace be upon him) statement: "When you see the new moon, fast, and when you see it, break your fast." The intent is the sighting of some and the attainment of knowledge, so the oath-taker's phrasing is interpreted according to the convention of the Shari'ah, just as if he were to say, "When I pray, you are divorced," it would be interpreted as the formal Shari'ah prayer, not mere supplication. It differs from Zayd's sighting, as no Shari'ah convention has been established for it that contradicts the literal reality. Likewise, if no one sees it, but the month is established by the completion of the count, she is divorced; because he has come to know of its rising by the completion of the count. If he says, "I intended [to mean] when I see it with my own eyes," it is accepted; because it is a sighting in reality. The sighting relates to the sighting of the new moon after sunset; if he sees it before that, she is not divorced; because the new moon of the month is not what is at its beginning, and because we made the sighting of the new moon an expression for the entry of the beginning of the month. It is possible that she is divorced by his seeing it before sunset; because it is called a sighting, and the ruling is related to it in the Shari'ah. If he says, "I intended when I see it with my own eyes," and he does not see it until it becomes bright, she is not divorced; because it is no longer a new moon. There is disagreement regarding when it becomes a full moon; it is said: after the third night, and it is said: when it becomes round, and it is said: when its light shines brightly.

Section: Ahmad said: If he says to her, "You are divorced on the Night of Decree (Laylat al-Qadr)," he should refrain from her when the ten [last nights] enter. As for before the ten [last nights], the people of Medina see it on the seventeenth, except that what is established from the Prophet (peace be upon him) is in the last ten.