for the fetus. If he uses an absolute expression, Abu Abd Allah ibn Hamid said: It is valid. This is the more correct of the two opinions of Ash-Shafi'i, because it is possible for him to own property in a valid manner, so an absolute acknowledgment for him is valid, just like an infant. Based on this, if she gives birth to a male or female, it is divided between them in halves. If he attributes it to an inheritance or a bequest, it is divided between them according to their entitlement to that. Abu al-Hasan al-Tamimi said: The acknowledgment is not valid unless he attributes it (22) to an inheritance or a bequest. This is the opinion of Abu Thawr and the second opinion of Ash-Shafi'i, because he cannot own property without them. If she delivers (23) the child stillborn, and he had attributed the acknowledgment to an inheritance or a bequest, it returns to the heirs of the testator and the inheritor of the child. If he made an absolute acknowledgment, he is required to state the cause, and his statement is acted upon. If the explanation is impossible due to his death or otherwise, his acknowledgment becomes void, like someone who acknowledges for a man and does not know whom he intended by his acknowledgment. If he attributes the acknowledgment to an invalid cause, such as saying: "For this fetus, I owe a thousand that he lent me, or a deposit I took from him," then according to the opinion of al-Tamimi, the acknowledgment is void. According to the opinion of Ibn Hamid, his acknowledgment should be valid, because he linked his acknowledgment to something that nullifies it, so what he linked it with falls away, just as if he said: "I owe him a thousand that is not binding upon me." If he said: "I owe him a thousand that I granted to him," or something similar, it is a promise that cannot be enforced. An acknowledgment for a fetus is not valid unless it is certain that it was present at the time of the acknowledgment, as explained (24) in its place. If he acknowledges for a mosque, a factory, or a road, and attributes it to a valid cause, such as saying: "From the revenue of its endowment," it is valid. If he uses an absolute expression, it is derived from the two views.

849 - Issue: He said: "And whoever acknowledges something and makes an exception of a different genus, his exception is void, unless he excepts a physical object (ayn) from currency (wariq), or currency from a physical object."

In this issue, there are two sections:

The first: That an exception in an acknowledgment is not valid if it is from a different genus, and this is the opinion of Zufar and Muhammad ibn al-Hasan.