Testimony of sighting the moon on the 28th of Ramadan

Question

In a village ten men have testified: “We saw the moon with our own eyes on the evening of the 28th of blessed Ramadan, 57 AH,” and they made people abandon their fasts. Of those who saw the moon, five are adults and five are minors; one is a Chamar (a member of an Indian caste of leatherworkers, regarded as low), and the remaining nine are Muslims: they pray now and then, but they are Muslims. What is the ruling concerning those who saw the moon, and what is the ruling concerning those who broke the fast?

Answer

A month is of 29 days or of 30; it is not of 28. Those people are lying. Since they do not pray, they are committing a major sin (kabira) and are sinners (fasiq); their testimony is by no means accepted: [ar]وقبل بلا دعوى وبلا لفظ أشهد للصوم مع علةٍ كغيم خبر عدل أو مستور على ما صححه البزازي على خلاف ظاهر الرواية، لا فاسق اتفاقاً بين أهل المذهب، وما نسبه الأكمل إلى الطحاوي من…

Source: Fatawa Mahmudiyya

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