the people had started the day fasting. So they came to Umar and mentioned that to him. He said to one of them, "Are you fasting?" He said, "No, I am breaking my fast." He said, "What led you to this?" He said, "I would not have fasted while I had seen the crescent." He said to the other, "And you?" He said, "I am fasting." He said, "What led you to this?" He said, "I would not have broken my fast while the people were fasting." He then said to the one who had broken his fast, "Were it not for the position of this one [the other man], I would have pained your head." Then it was announced to the people, "Go forth [to the place of prayer]." It was recorded by Sa'id, from Ibn 'Ulayyah, from Ayyub, from Abu Raja'. He only intended to strike him for his breaking the fast based on his own sighting, and he refrained from striking him due to the completeness of the testimony provided by him and his companion. If breaking the fast had been permissible for him, he would not have rebuked him nor threatened him. Aisha said: "The Imam and the congregation of the Muslims only break the fast on the day of al-Fitr." No one was known to have opposed them in their era, so it was a consensus (ijma'). Furthermore, it is a day governed as being from Ramadan, so it is not permissible to break the fast on it, like the day preceding it. This differs from when evidence (bayyinah) is established, for then it is governed as being from Shawwal, unlike our issue. Regarding their claim that he has certainty that it is from Shawwal, we say: Certainty is not established, for it is possible that the one who saw it was under an illusion, as it was narrated that a man in the time of Umar said, "I have seen the crescent." He said to him, "Wipe your eye." He wiped it and then he said to him, "Do you see it?" He said, "No." He said, "Perhaps a hair from your eyebrow has curved over your eye, and you thought it was a crescent," or words to that effect.

Section: If two people see it, but they do not testify before the ruler, it is permissible for anyone who heard their testimony to break their fast if they know their uprightness (adalah). Each of them also has the right to break their fast based on their own statement, due to the Prophet's (peace and blessings of Allah be upon him) statement: "And if two testify, then fast and break your fast." If they testify before the ruler and he rejects their testimony because of his ignorance of their condition, it is permissible for anyone who knows their uprightness to break their fast based on their word; because the ruler's rejection here is not an arbitrary exercise of authority, but rather a withholding due to his lack of knowledge. It is like the suspension of a judgment pending evidence.