claims it besides him. For if the one who recants is the seller, and he says: 'The buyer was truthful; I had emancipated him,' then the patronage (walaʾ) is his, and he is obligated to return the price to the buyer; due to his admission of the invalidity of the sale. And if the one who recants is the buyer, it is accepted regarding the property; because no one claims it besides him, but his statement is not accepted regarding the negation of freedom; because it is a right for someone else. And if they both recant, it is possible that it be reserved until they reconcile over it; because it belongs to one of them, but its identity is not known. And it is possible that whoever is in possession of it takes an oath and takes it; because he is a denier. And if neither of them recants, there are two views regarding it: One of them is that it remains in the hand of whoever is in possession of it, and if it is not in the hand of either of them, then it belongs to the public treasury (bayt al-mal); because no one claims it. And it is possible that it belongs to the public treasury in any case; for that reason.

Section: If one acknowledges to a man a slave or something else, then he brings him and says: 'This is the one I acknowledged [to you regarding.' He says: 'Rather, it is another one.' He is not obligated to deliver it to the one to whom the acknowledgement was made; because he does not claim it, and the acknowledger takes an oath that he has no slave belonging to him other than him. If the one to whom the acknowledgement was made recants and claims him, he is obligated to hand him over to him; because he has no contestant regarding him. And if the one to whom the acknowledgement was made says: 'You spoke the truth,' this is mine and the one you acknowledged with is another one of mine that I have with you. He is obligated to deliver this one, and he takes an oath regarding the negation of the other.] (10)

856 - Issue: He said: (And if he dies, and leaves behind two sons, and one of them acknowledges a brother or a sister, he is obligated to give the surplus that is in his hand to the one whom he acknowledged for. (1))

The totality of this is that when one of two heirs acknowledges a third heir, who is a partner to both of them in the inheritance, the lineage is not established by consensus; because lineage cannot be partitioned, so it is not possible to establish it in the right of the acknowledger without the denier, and it is not possible to establish it in the right of both of them; because one of them is a denier, and there is no testimony found by which the lineage could be established. However, he shares with the acknowledger in the inheritance, according to the opinion of most scholars. Al-Shafiʿi said: He does not share with him. That was also narrated from Ibn Sirin. Ibrahim said: It is nothing until they all acknowledge;