Pristine,
[quote]
Plus, how can someone sight a moon before its born?
[/quote]
This i cannot argue with.
However, with regards to the above hadeeth, then the understanding behind this hadeeth are many. The ulema (scholars) have a lot of different sayings about when to fast and whether the sighting in one land is the same for all muslims or not.
There are mroe than 7 sayings in this matter. The best of the them is the saying that one sighting by one trustworthy muslim is enough for all muslims in the world in
all the lands. The proof for this is that rasulullah said: "suumuu li ru'yatihi wa aftiruu li ru'yatihi.." (fast if you see it and break your fast if you see it" - so this hadeeth is for all muslims. So if one sees it everyone fasts.
Also it is known that the hukum (command) with Allaah is one and does not change. With Allaah either a particular day for example friday is 1st of Ramadhaan or it is not.
So if we understand this, that with Allaah there can't be 2 differents days for the start of Ramadhaan because the truth is
one, then we know therefore that it is not possible for Saudi for example to say
that friday is Ramadhaan and US to say that no Saturday is Ramadhaan or for Australia to say that no Sunday is Ramadhaan. This is all false. Rather Ramadhaan is either Friday or Saturday or Sunday (in our example
above).
So therefore anyone who sights the moon in any of the lands of the Muslims, then this will mean that all muslims must fast. This is the most correct opinion. Compare this to Hajj time and the day of Arafat. The day of
Arafat is the day that 9th day of Dhil-Hijjah, lets say for example, on a particular
year falls on Tuesday. No on in the Muslim Ummah will say that: no in my country the 9th of dhil-hijjah or day of Arafat is on Wednesday etc. etc...
This is without doubt incorrect.
Similarly Ramadhaan is either on a particular day in all of the Earth or it is not in all of the earth. This is the most clearest and simplest of opinions.
As for what Ibn Abbas said in the hadeeth mentioned, then that is ijtihaad from him upon the correct sayings on the ulema. When he said: "this is what the Prophet commanded us" - meaning that this is what he understood from the hadeeth or command of the Prophet - salallaahu 'alayhi wa sallam -when he had said: "fast when you (all) see
it and break your fast when you (all) see it."
Incidently, as for breaking the fast i.e. end of Ramadhaan then there must be 2 witnesses. As for establishing the beginning of Ramadhaan then 1 is enough.
This is an important principle of Islaam that the '*wajibaat\i]' (the compulsory things) and acts of compulsion in the Religion are established by the least number
of witnesses (1 in this case of establishing the compulsion of having to fast Ramadhaan) and it is lifted by 2 witness and above (2 in the case of establishing the end of the compulsion of having to fast Ramadhaan).
... and Allaah - subhaan wa ta'aala knows best.
Hope this is helpful.
kind regards,
Sentinel.