What is the ruling if the husband specifies, 'I intended if I see it with my eye,' but the moon is not sighted until it becomes full (badr)?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the husband specifies he meant seeing it with his own eye, and it is not sighted until it becomes full (badr), divorce does not occur because it is no longer called a crescent.

Supporting text

There is a difference of opinion regarding when the moon is considered full: some say after the third night, some say when it becomes perfectly round, and others say when its light overwhelms everything.