unless evidence from the Muslims is provided for what they claimed, then the lineage is established, and each of them inherits from his brother.

The general rule regarding this is that if the people of the land of war enter our lands as Muslims or non-Muslims, and some of them affirm the lineage of others, their lineage is established, just as the lineage of the people of the Abode of Islam—the Muslims and the dhimmis—is established by their acknowledgement. This is because it is an acknowledgement in which there is no harm to anyone, so it is accepted, just like their acknowledgement of financial rights. We know of no disagreement regarding this. If they were captives, and some of them affirmed the lineage of others, and evidence from the Muslims was provided for that, it is also established, regardless of whether the witness was a captive among them or not. A person from among these is called a 'hamil' (one who is carried), meaning carried, just as 'qatil' (slain) is used for one who has been killed, and 'jarih' (wounded) for one who has been wounded; because he was carried from the Abode of Disbelief. It is also said: he is called a hamil because he 'carried' (ascribed) his lineage onto another. If the disbelievers testify to his lineage, it is not accepted. There is another narration from Ahmad that their testimony in this regard is accepted, due to the difficulty of obtaining testimony from Muslims regarding it in most cases; thus, it resembles the testimony of the people of the dhimma regarding a will during a journey, since there were no others present. The preferred school (madhhab) is the first, because if we do not accept the testimony of a corrupt person (fasiq), the testimony of a disbeliever is even less acceptable. Their acknowledgement is not accepted only because of the harm it causes the emancipator by causing him to lose his right to inheritance through walā' (patronage), assuming emancipation. If their emancipator believes them, it is accepted because the right belongs to him. If he does not believe them and no evidence is provided for it, they do not inherit from one another, and the inheritance of each of them goes to his emancipator. This is the position of al-Shafi'i regarding cases where one affirms the lineage of a father, brother, grandfather, or cousin. If one affirms the lineage of a child, there are three views: the first is that it is not accepted. The second is that it is accepted, because he possesses the right to have offspring from a slave woman (istilad), so he possesses the right to acknowledge it. The third is that if it is possible for him to have offspring after his emancipation, it is accepted, because he possesses the right of istilad after his emancipation; otherwise, it is not accepted, because he does not possess that right before his emancipation. It is narrated from Ibn Mas'ud,