Answer
The mufti and the judge command the public to wait without the intention of fasting at the beginning of the day of doubt, then to break the fast after noon if the situation is not clear. If the one who is waiting eats without intention on the day of doubt, forgetting his waiting, and it becomes apparent that it is a day of Ramadan, then if he intends to fast, his fast is valid, and it is as if he ate after the intention. It is recommended for both the mufti and the judge, as well as for those among the elite who know how to fast on the day of doubt, to fast secretly, provided they can control themselves from wavering in their intention; otherwise, they are considered among the common people. The distinction is made between the common and the elite because the common person differentiates between the intention of certainty and the intention of doubt. Refer to: Tabyin al-Haqaiq 1: 318, and Al-Hadiyya al-Alaiyya p. 156-157.