Ash Shaykh Zaayid al Wusaabee said:
“The number of people which by it the crescent of Ramadan is affirmed:
The first statement:
The Crescent of Ramadan is affirmed with the witnessing of one witness. It is the statement of Ibn Mubarak, Ahmad and others. In Al Fath he [Ibn Hajr] ascribed it to the majority of the people of knowledge. They used as evidence the narration
of Ibn Umar رضي الله عنهما wherein he said: The people were looking for the crescent, so I informed the prophet صلى الله عليه و سلم that I saw it, thus he fasted and commanded that it be fasted.
The narration was authenticated by Ash Shaykhul Albaani رحمه الله in al Irwaa 908 and our Shaykh (Muqbil) رحمه الله in As Saheeh al Musnad 745
The second statement:
The crescent of Ramadan is not affirmed except with two witnesses. Ataa, Umar Ibn Abdul Azeez, Malik, Al Awzaai, Al Layth, Ishaaq, and Dawood said with it. They used as evidence that which came by way of Ribee’i Ibn Khiraash from some of the companions of the messenger of Allah صلى الله عليه و سلم wherein he said:
The people awoke to complete 30 days, then two bedouins came and bore witness that they saw the crescent the night before. So the messenger of Allah صلى الله عليه و سلم commanded the people that they break their fast.
Reported by Ahmad 4/314, Abu Dawood 2339 and its chain is authentic.
Similarly the narration
of Al Haarith Ibn Haatib the leader of Mecca رضي الله عنه that he gave a sermon and then said:
The prophet صلى الله عليه و سلم entrusted us that we hold on to the sighting, and if we don’t see it and two trustworthy ones bear witness that they saw itm we hold on to their witness.
Ash Shaykh Al Albaani authenticated the narration in Sunan Abu Dawood 2338.
and the narration
of Abdur Rahman ibn Zayd Ibn Al Khattab (who relayed) from the companions of the messenger of Allah صلى الله عليه و سلم that he said:
If two Muslims bear witness, then fast and break your fast
Ahmad reported it 4/321
and it is weak because it is by way of Hajaaj Ibn Arta but it is strengthened by that before it.
Maalik also said: It is a bearing witness and a witness is not affirmed with lesser than two.
The third statement:
If the sky is cloudy, it is affirmed by one, but if it is clear, it is not affirmed except by a number. It is the statement of Abu Haneefah and he said while the sky is clear, it is farfetched that one sees it and not others.
The correct stance is the first stance…..” End quote. [Miskul Khitaam, 2/404-405]
If it is said who is the just one, then Ash shaykh Al Uthaymeen mentioned:
“In the legislation: [The just upright one] is he who establishes the obligations, and does not commit a major sin, nor does he persist upon a minor sin. The intent of establishing the obligations is performing the obligations such as the five prayers. The intent of major sin is every sin which involves having a specific punishment for it” End quote. [Sharhul Mumtia 6/313]
Majid Jawed Al-Afghanee